Disclaimers

Talla, Inc., a Delaware corporation ("Talla"), has used and/or intends to use the trademark TALLA (the "TALLA Mark") in the United States in connection with "computer software for creating, managing and automating interactive electronic communications in the fields of marketing, sales, customer service, and customer support; computer software for automating interactive electronic transmissions in the fields of marketing and sales, namely, software for monitoring social media and connecting, engaging, developing, qualifying and following up with marketing and sales leads; computer software, namely, digital assistance software that interprets electronic communications from potential and current sales prospects and generates appropriate responses; computer software, namely, digital assistance software that automates interactive electronic transmissions in the field of marketing and sales, namely, software for initiating and carrying out written conversations between customers and clients; computer software, namely, digital assistance software for monitoring, analyzing, and responding to third party electronic communications in the fields of marketing, sales, customer service, and customer support; computer software, namely, digital assistance software for monitoring and managing sales opportunities, communications, and employees, providing trend visualization and graphing, and performing business analytics of client data and lead sources; computer software, namely, digital assistance software for marketing and sales that proactively provides recommendations to users based on statistical algorithms, including recommendations for activation of third-party applications on the user's computer hardware or mobile device, and for preparing messages and emails and scheduling meetings" in International Class 9; "Software as a Service (SAAS) services featuring software for creating, managing and automating interactive electronic communications in the fields of marketing, sales, customer service, and customer support; Software as a Service (SAAS) services featuring digital assistance software that automates interactive electronic transmissions in the fields of marketing and sales, namely, software for monitoring social media and connecting, engaging, developing, qualifying and following up with marketing and sales leads; Software as a Service (SAAS) services featuring digital assistance software that interprets electronic communications from potential and current sales prospects and generates appropriate responses; Software as a Service (SAAS) services featuring digital assistance software that automates interactive electronic transmissions in the field of marketing and sales, namely, software for initiating and carrying out written conversations between customers and clients; Software as a Service (SAAS) services featuring digital assistance software for monitoring, analyzing, and responding to third party electronic communications in the fields of marketing, sales, customer service, and customer support; Software as a Service (SAAS) services featuring digital assistance software for monitoring and managing sales opportunities, communications, and employees, providing trend visualization and graphing, and performing business analytics of client data and lead sources; Software as a Service (SAAS) services featuring digital assistance software for marketing and sales that proactively provides recommendations to users based on statistical algorithms, including recommendations for activation of third-party applications on the user's computer hardware or mobile device, and for preparing messages and emails and scheduling meetings" in International Class 42, and related software and services in the fields of business and marketing.

TalaMind LLC, a Michigan limited liability company, has used and/or intends to use the trademarks TALA and TALAMIND in the United States in connection with a computer language designed for artificial intelligence software, and software related thereto, and is the owner of U.S. Application Serial No. 86/346,617 for the mark TALA in connection with "downloadable computer program featuring a computer language to represent and compute meaning of English expressions for use in artificial intelligence systems, as described in a doctoral thesis" in International Class 9; U.S. Application Serial No. 86/346,729 for the mark TALAMIND in connection with "artificial intelligence systems in the nature of computer software sold as a unit that represent and compute meaning of English expressions, as described in a doctoral thesis" in International Class 9; and U.S. Application Serial No. 86/791,261 for the mark TALAMIND in connection with "design and development of computer software; Scientific and technological services, namely, consulting, research, and design in the field of artificial intelligence" in Class 42.

TalaMind LLC also intends to use the trademark TALACOMMERCE in the United States in connection with "Consulting, research, design and development of computer software for applications and extensions of the Tala language and TalaMind architecture for artificial intelligence systems to support or use technologies for marketing, commerce, and economics in general" and with "Downloadable or web­based computer software sold as a unit for applications and extensions of the Tala language and TalaMind architecture for artificial intelligence systems to support or use technologies for marketing, commerce, and economics in general".

The parties have exchanged information and believe that the coexistence of their respective marks is not likely to cause confusion because (a) both companies will proactively provide information to consumers stating the two companies and their products and services are not affiliated; (b) the software and services offered under the respective marks are distinguishable; and (c) the respective consumers of the parties are sophisticated and likely to exercise a high degree of care in deciding whether to obtain the software and services offered under the TALA, TALAMIND, TALACOMMERCE, and TALLA marks.