Case 2:15-at-00306 Document 1-2 Filed 03/05/15 Page 1 of 10

EXHIBIT A
To the Complaint of California Republican Party

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EXHIBIT B
To the Complaint of California Republican Party

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Harmeet K. Dhillon
harmeet@dhillonlaw.com

February 24, 2015

VIA EMAIL AND FEDERAL EXPRESS

Mr. Bill Wong
Political Director
Asian American Small Business PAC I.D. #1276929
bill@billwong.net
916.708.2828
Northern
Post Office Box 188858
Sacramento CA, 95818
Southern
3699 Wilshire Blvd., #1290
Los Angeles, CA 90012
CC:
Executive Board
James Santa Maria
Lucy McCoy
Jadine Nielsen
Re:

Cease and Desist Concerning Unauthorized Use by the Asian

American Small Business PAC of Insignia Owned By California
Republican Party

Dear Mr. Wong:

This law firm represents the California Republican Party (CRP) regarding the
illegal, fraudulent, misleading and unauthorized use of the Republican elephant insignia
(Elephant Insignia) on a mailer recently published by the Asian American Small
Business PAC (you or your) to recommend Michaela Hertle for the 7th State Senate
District special election. Please direct all future communications concerning this matter to
our attention. This is a serious matter requiring a prompt response in order to avoid a
lawsuit.
As you are well aware, the mailer referenced above is intentionally misleading in
that it appears to reflect an endorsement of Michaela Hertle by the CRP, which has not
endorsed Ms. Hertle in main part, because she is not running for the seat. Specifically,
the mailer publishes a red and white elephant insignia with three white stars on the top

177 POST STREET, SUITE 700 | SAN FRANCISCO, CA 94108 | 415.433.1700 | 415.520.6593 (F)

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Mr. Bill Wong
February 24, 2015
Page 2 of 3
half of the elephant. This elephant graphic is identical in shape, proportion, design and
color to the well-known Elephant Insignia consistently used by the CRP, which is
registered to the CRP pursuant to 21300 of the California Corporations Code. You did
not seek or obtain a license or authorization for the use of the Elephant Insignia (or any
derivatives thereof) prior to including that image in the mailer, nor do you currently have
such license or authorization. Further, the mailers broader suggestion that Ms. Hertle is
generally supported by Republican Party organizations is highly deceptive and misleading.
Please be advised that, as a result of your actions described above, you are liable
for violations of numerous federal and state laws, including, without limitation, various
provisions of the Lanham Act, 15 U.S.C.A. 1125 et seq., California trademark common
law, California Corporation Code 21300 et seq., and Californias Unfair Business
Practices Act, Corporations Code 17200 et seq. Your conduct has directly and
proximately caused the CRP substantial harm, and subjects you to legal liability to the
CRP for actual damages as well as statutory damages. Given the willfulness of your
misconduct, the likelihood of confusion, actual confusion, and the threat of recurrence,
damages are likely to include lost profits, disgorgement of your profits, treble damages,
injunctive relief, and reasonable attorneys fees as well as costs of legal action.
The CRP demands that you immediately cease and desist from further publication of
any materials that make unauthorized use, in any manner whatsoever, of the Elephant Insignia,
including but not limited to displaying that insignia on any slate mailers.
Litigation is likely to ensue concerning this matter. Under governing state and federal
court rules, you are on notice to maintain hard copies of documents as well as all e-mail and
other electronically stored information pertaining to the mailers in question, including all
communications with other vendors, with the candidates listed on the mailers, with postal
authorities, or with any other person. Electronic information includes e-mail, voicemail, word
processing documents, spreadsheets, databases, calendars, networks, computer systems
(including legacy systems), servers, archives, backup and disaster recovery systems, tapes,
disks, drives, cartridges, other storage media, laptops, internet records, web pages, personal
computers, and other information storage devices. You are instructed to retain any copies you
have on any storage medium, including sources of data such as portable hard drives, memory
cards, thumb drives, blackberry, personal digital assistants, mobile telephones, iPods and
smartphones.
This list is not exhaustive; these potential locations of relevant data are included by way
of example only, and all documents relating in any way to the dispute discussed in this letter
must be preserved. Your failure to comply with all statutory document and data preservation
obligations that now exist may be severe, including monetary sanctions, terminating sanctions,
or other sanctions.
Should you wish to discuss a voluntary resolution of this dispute, please contact us no
later than noon on Friday, February 27, 2015. If we do not hear from you by that date with a
substantive proposal to resolving the matter, we intend to proceed with filing the complaint that
DHILLON LAW GROUP INC.
177 POST STREET, SUITE 700 | SAN FRANCISCO, CA 94108 | 415.433.1700 | 415.520.6593 (F)

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Mr. Bill Wong
February 24, 2015
Page 3 of 3
is already being drafted, and seek injunctive relief.
If you have any questions about the contents of this letter, please contact me or my
colleague, Taylor Bloom.
Best regards,

Regards,

Harmeet K. Dhillon
CC:
Executive Board
James Santa Maria
Lucy McCoy
Jadine Nielsen
Taylor Bloom

DHILLON LAW GROUP INC.

177 POST STREET, SUITE 700 | SAN FRANCISCO, CA 94108 | 415.433.1700 | 415.520.6593 (F)

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EXHIBIT C
To the Complaint of California Republican Party

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