Free Reply to Opposition - District Court of California - California

Case 3:07-cv-04913-SC

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

ROBERT TRENT JONES II, INC. and ROBERT TRENT JONES LICENSING GROUP, LLC Plaintiffs, v. SUPPLEMENTAL DECLARATION OF ROBERT TRENT JONES, JR. GFSI, INC. d/b/a GEAR FOR SPORTS, INC. Defendant. Case No. 07-CV-04913-SC

1. I previously submitted a declaration dated November 27, 2007 in support of Plaintiffs' Motion for Preliminary Injunction and Memorandum of Points and Authorities. I have personal knowledge of the matters stated in this supplemental declaration. If called upon to do so, I am competent to testify to all matters set forth herein. 2. At the request of Robert Trent Jones Licensing Group, LLC ("RTJ Licensing"), a meeting between RTJ Licensing and GFSI, Inc. ("GFSI") occurred on June 4-5, 2007 in Lenexa, Kansas. RTJ Licensing called this meeting to facilitate the strategic development of the RTJ Apparel brand and deepen the relationship between RTJ Licensing and GFSI. I personally attended this meeting as a representative for RTJ Licensing. At no time before this meeting did Defendant state that it was selling RTJ Apparel to discount stores. Likewise, Defendant did not announce at this meeting that it would cease sales of RTJ Apparel to discount stores. 3. At the end of the June 4-5, 2007 meeting, GFSI "bombarded" RTJ Licensing with the fact that GFSI had not been as successful in developing the RTJ Apparel brand as GFSI had desired. Attached as Exhibit A is a copy of a June 6, 2007 email from Mr. Graveel confirming that GFSI's announcement was a "bombardment." 4. On June 8, 2007, I wrote a letter to Mr. Graveel stating RTJ Licensing's disappointment in GFSI's performance, and notified GFSI that it had failed to provide RTJ Licensing with 1

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From: Larry Graveel Date: Wed, 6 Jun 2007 11:50:36 -0500 To: Taliaferro Jones , Gudren Noonan Cc: Tim Conlin Subject: Thanks for coming Dear Tali and Bob, Thanks so much for visiting us on Monday and Tuesday, we really appreciate your partnership. I know we bombarded you with an enormous amount of information yesterday and you need some time to digest what we discussed. On behalf of all of us at RTJ Apparel I want to thank you for your support and understanding. Best regards, Larry

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