Dyan Finguerra-DuCharme

Partner Direct Tel: 212-326-0443 Direct Fax: 212-798-6307 DFinguerra-DuCharme@pryorcashman.com

January 6, 2014

VIA EMAIL (CONTACT@DIGITALOCEAN.COM) Mr. Ben Uretsky, CEO Digital Ocean, Inc. 270 Lafayette Street, Suite #1105 New York, NY 10012 Re: Infringement of KANYE WEST Mark and Other Violations

Dear Mr. Uretsky: This law firm acts as litigation counsel for Kanye West and his affiliated companies. As you are aware, Mr. West is an internationally renown musical artist, songwriter, producer, film director and fashion designer, to name just a few of Mr. Wests endeavors. Mr. West has won twenty-one Grammy Awards, making him one of the most awarded artists of all-time. He has been named one of the 100 most influential people by Time magazine and is routinely listed by Forbes as one of the most successful people in the world. Mr. Wests tremendous success and notoriety has catapulted the KANYE WEST brand into a commercial asset of incalculable value. In addition to his common law rights, Mr. West owns numerous federal trademark registrations for the KANYE WEST mark for various goods and services as well as several pending applications. See, e.g., U.S. Reg. Nos. 3,648,799; 3,648,800; 3,648,801; 3,648,802; 3,648,803; and 3,648,804. Without doubt, the KANYE WEST mark is famous and is entitled the broadest protection under the law. It has recently come to our attention that the registrant of <coinyefaucet.com> (the Registrant) is operating, without authorization, a website located at the domain <coinyefaucet.com> (the Website) which uses the COINYE FAUCET, COINYE WEST and COINYE marks (the Infringing Marks) in connection with services that are not sponsored by, endorsed by or affiliated with Mr. West. The Infringing Marks are substantially similar to the KANYE WEST mark in sight, sound, meaning and commercial impression. It quite apparent that the Registrant is using the Infringing Marks to trade upon the goodwill associated with the KANYE WEST mark and Mr. Wests international fame and notoriety. In particular, several news sources have quoted the developers as stating We chose Kanye because of his trendsetting abilities and his originality, and also that you have decided to remain anonymous

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Mr. Ben Uretsky January 6, 2014 Page 2 in case Kanye gets pissed off. infringement is blatant and willful. Such statements support a finding that the Registrants

Given Mr. Wests wide-ranging entrepreneurial accomplishments, consumers are likely to mistakenly believe that Mr. West is the source of the Registrants goods and services or is, at the very least, affiliated with, or has sponsored or endorsed the cryptocurrency. The likelihood that consumers will be confused is heightened by the unauthorized use of an image of Mr. West on the coin which is prominently featured on the Website:

The Registrants actions constitute, inter alia, willful trademark infringement, unfair competition, cyberpiracy and dilution in violation of Sections 32(1), 43(a), 43(c) and 43(d) of the Lanham Act, and subject the Registrant to monetary damages including treble damages based on the willful nature of the infringement. In addition to the Lanham Act claims, the Registrants actions also violate Mr. Wests right of publicity under state law, which subjects the Registrant to further liability. We understand that Digital Ocean provides web hosting services for the Website and that the Website is linked to Digital Oceans servers. Accordingly, we insist that Digital Ocean immediately remove the Website from its web server(s) and block access to the Website. As you may be aware, Internet service providers may be found liable for contributory trademark infringement, especially where the ISP is put on notice of such infringement and refuses to take immediate action to prevent it. See Roger Cleveland Golf Company, Inc. v. Prince, 2010 WL 5019260 (D. S.C. Dec. 3, 2010); Gucci America, Inc. v. Frontline Processing Corp., 2010 U.S. Dist. LEXIS 62654 (S.D.N.Y. June 23, 2010); Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., 2010 U.S. Dist. LEXIS 34021 (N.D. Cal. March 19, 2010). Mr. West takes these violations of his intellectual property very seriously and seeks to resolve this matter without resort to litigation including filing an application for a temporary restraining order. If we do not hear from you by January 8, 2014, we will assume that you have no desire to amicably resolve this matter and we will proceed accordingly without any further notice to you.

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Mr. Ben Uretsky January 6, 2014 Page 3 Nothing herein shall be deemed to be a waiver of any of our clients rights at law or in equity; all such rights being expressly reserved. Very truly yours,

Dyan Finguerra-DuCharme DFD:rs cc: Michael Guido, Esq. Brad D. Rose

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