Kodner │ Watkins │ Kloecker, LC

Attorneys and Counselors at Law

The Bank of America Building, 7800 Forsyth Blvd., Suite 700, Saint Louis, Missouri 63105
(314) 727-9111 / (314) 727-9110 Fax / www.kwmwlaw.com / E-mail: contact@kwmwlaw.com
(314) 727-9022 Direct Dial Fax
ALBERT S. WATKINS, L.C. Direct Extension: 241
Licensed in: Missouri, Illinois, Washington, D.C. and Minnesota E-Mail: albertswatkins@kwmwlaw.com

February 3, 2011

VIA REGULAR U.S. MAIL

VIA EMAIL: JFurey@cmjlaw.com

Jennifer B. Furey
Cooley Manion Jones LLP
21 Custom House Street
Boston, MA 02110-3536

Re: Nike, Inc. v. NUde Wear, LLC d/b/a Univarsity Apparel

Our File: 11-208

Dear Ms. Furey:

Thank you for taking my call earlier today. I very much appreciated the opportunity to
introduce myself and confirm with you the scope of my representation in connection with
the above matter.

Permit this to confirm that the undersigned and the law firm of Kodner Watkins
Kloecker, LC have been retained to represent Charles Svirk, Matthew Valich and Nude
Wear d/b/a Univarsity Apparel (collectively “Clients”) in connection with the situation
addressed in your January 18, 2011 letter, a copy of which I have received and
reviewed.

Permit me to re-confirm in writing that your reference to “assurances that no further

sales or production of [Univarsity Apparel] would persist” cannot be attributed to my
Clients. My Clients have been and remain unwaveringly committed to the Univarsity
Apparel product and its parodic value.

Perhaps more importantly, permit this to confirm that while your recitation of the
purported facts upon which you appear to premise the position and demands of Nike is
appreciated, it is viewed by my clients as erroneous, bully-like and tending toward
totalitarian heavy handedness. Rest assured I am working diligently to share with my
clients the legal rationale behind the disclosed and purported posture of Nike in this
matter.

50876905.doc
Ms. Jennifer B. Furey
January 28, 2011
Page Two

Messrs. Svirk and Valich (“Chuck” and “Matt”, respectively) are not yet of legal age to
lawfully purchase a six-pack of beer. They are students. Some might call them children.
While I understand Nike may have sensitivity to the whole child exploitation issue,
Chuck and Matt are not shy about their humble economic status as students in pursuit
of education. Chuck and Matt embrace the fundamental tenets of the American Way,
Capitalism, and maintain a parodic, albeit collegiate, pride in the Univarsity Apparel
product.

With an embrace of equal strength, Chuck and Matt abhor bullies. They are also not
possessed of resources of enduring commercial value, unless you consider a used
Frisbee collection to be an asset of significance. In the interest of full disclosure, it is my
understanding one of the flying discs may actually be autographed by Cheryl Tiegs
when she was significantly younger and frequently graced the swimsuit edition of Sports
Illustrated. But I digress.

By way of background, Chuck and Matt have known each other since grade school and
hail from Hollis, New Hampshire, being a hop, skip and a jump from Mine Falls Park.
Hollis is understood to be comprised of more cows than humans. Despite its diminutive
human populace, it is nonetheless a recognized city in the “Live Free or Die” state. By
the way, this state motto comes from a toast written by General John Stark during the
Summer of some year very long ago. Ill at the time, General Stark, regarded by some
(who must be very old) as New Hampshire's most famous soldier of the Revolutionary
War, was forced to decline an invitation to a reunion on the anniversary of the oft
overlooked Battle of Bennington. Instead, he sent his toast by letter. Chuck and Matt
naturally think very highly of General Stark and his poignant, if not terse, toast. Again, I
digress.

It is clear that there is no public confusion arising out of the Univarsity Apparel product.
Notwithstanding same, it appears from your letter that Nike is operating under the belief
that the consuming public is incapable of discerning the difference between “doing” and
“nuing”. If this is truly the case, kindly advise specifically the range of verbs to which
Nike is laying claim when implanted between the frequently employed and uttered
words “Just” and “It”. If it includes the “F” word, it is suggested that more than a few
million Americans may have a superior “prior use” claim.

Chuck and Matt have even gone so far as to opine that Nike is probably not specifically
aware of the nuances corresponding to the fact situation involved herein, but rather, the
legal machinations which have been pursued to date on behalf of Nike might very well
be the product of a pre-established protocol.

50876905.doc
Ms. Jennifer B. Furey
January 28, 2011
Page Three

Before matters elevate and evolve into “South Butt, The Sequel” (or “South Butt II” or
“South Butt Too” or “South Butt Redux” depending on your preference), it is respectfully
suggested that the talents and cleverness of Chuck and Matt might serve well the
interests of Nike. To that end, I have been authorized to extend to you a willingness on
the part of my clients to explore a mutually beneficial reconciliation of outstanding
issues. The alternatives available in this regard encompass a wide range of formats,
including a potential off-the-record/non-evidentiary meeting with Nike. In an effort to
demonstrate a good faith commitment to the exploration of same, my clients are even
prepared to participate in confidential, non-binding mediation of the underlying dispute
utilizing the services of a mutually acceptable mediator. In an effort to jump start this
process, my clients have authorized me to suggest engagement of Howard Eilen, Esq.,
an Uniondale, New York based mediator whose skills as a mediator are nationally
recognized and whose knowledge of the legal issues involved herein is significant,
despite his touted expertise in the securities arena.

Kindly do not underestimate the commitment of my clients to be advocates for all that
parody may bring to the sports apparel world. “Live Free or Die” is actually an
incomplete recital of the motto of the Great State of New Hampshire. In complete text,
the statement reads “Live Free or Die: Death is not the worst of evils.”

I look forward to being accorded the opportunity to discuss this matter with you in
greater detail. With warmest personal regards and an acknowledged admiration of the
Tiger of Yesteryear, I remain

Very truly yours,

Albert S. Watkins, L.C.

ASW/mds

50876905.doc