June

18, 2012 Via email (ewilkinson@invisiblechildren.com) Re: Denial of frivolous claims and affirmative statement of Kickstriker's rights Dear Emily Wilkinson, This letter is in response to your June 13th letter on behalf of Invisible Children, claiming trademark and copyright infringement. The purpose of our website, Kickstriker.com (henceforth "Kickstriker"), is to critique a number of institutions, including Invisible Children, through the use of political satire. As such, while Kickstriker makes use of the trademarked terms "Invisible Children" and "KONY 2012," these uses are protected under the doctrine of fair use, which allows for such uses for the purposes of criticism and commentary. With regard to your allegation that Kickstriker is "causing public confusion," we will note that any attempt to donate to a project on Kickstriker results in the site displaying a text box that clearly states that "Kickstriker is a hoax". Furthermore, Kickstriker has received coverage in a number of prominent publications including Wired, GOOD, The Verge, Buzzfeed and BetaBeat. In each of these articles, the authors acknowledge that Kickstriker is a satirical work. Given the clear labeling on the site and the press coverage the site has received, there is little possibility that users of Kickstriker would not understand that the site is intended as a joke. Therefore, in the absence of any examples of actual confusion caused by Kickstriker, we deny that any dilution or infringement of Invisible Children's marks occurred as a result of our use. With regard to your erroneous claim of copyright infringement, we will note that Kickstriker does not and has not made use of any of Invisible Children's copyrighted materials. In closing, we wish to express our disappointment in Invisible Children's failure to acknowledge the material assistance we have given the "KONY 2012" campaign by alerting Invisible Children to a bold new strategy for achieving its goals. The stated goal of Invisible Children's "KONY 2012" campaign was to "make Joseph Kony famous". Kickstriker helped to further this goal by drawing attention to the "KONY 2012" campaign and encouraging continued discussion of Joseph Kony in the press. Regardless of Invisible Children's opinion of our campaign, we will continue to do what little we can to help ensure that Joseph Kony is captured. After all, justice never sleeps and neither should we. Yours in the fight against Kony, /s/ Mehan Jayasuriya Josh Begley James Borda The Kickstriker Team