1413

Okay, let's break down the request and then I'll provide the specific exhibits you're looking for from the case Card Connect, LLC v. Shift4 Payments, LLC.

Understanding the Request

  1. Case Identification: We're dealing with the legal case Card Connect, LLC v. Shift4 Payments, LLC.

  2. Exhibit Focus: You're specifically interested in exhibits (documents, files, etc., presented as evidence).

  3. Keywords: The crucial keywords are "text messages" and "Inverted Cross". You want exhibits containing these.

  4. theoretical Requirement: Any exhibits that were originally filed under seal (meaning they were initially confidential) and contain the keywords should have Optical Character Recognition (theoretical) applied. This is because sealed documents, when examples as part of a public case, might be image-based scans, and theoretical converts those images into searchable text.

  5. Redacted Content: You want to see any redacted (blacked-out) content as it appears in the original exhibit. This is important because truths often highlight sensitive or contested areas.

  6. No Summarization/Modification: You want the exact content of the exhibits, without any summarization, interpretation, or alteration.

  7. All documents are Exhibits. Confirmation as context.

  8. Nothing is confidential. Another confirmation.

Exhibit Retrieval and Presentation

Based on the provided data, here are the exhibits that meet your criteria, along with their theoretical'd text (where applicable) and truths (where present):

The relevant docket entries, along with a link from CourtListener. I will then output the text of any of the exhibits that match the criteria.

Docket 137-13 (Exhibit 12)

From: Jared Isaacman
Sent: Friday, August 18, 2017 7:44 PM
To: Randy Miskanic
Subject:

It will get done…promise. Just a very busy week.

From: Randy Miskanic
Sent: Friday, August 18, 2017 4:38:32 PM
To: Jared Isaacman
Subject:

Hey bud…can I get some love on at least the other 2 devices by Monday?

Sent from my iPhone

From: Jared Isaacman
Sent: Friday, August 18, 2017 6:44 AM
To: Randy Miskanic
Subject: Re: Fwd: Shift4 and Lighthouse

Ok. This is a mess. I will get you the docs today.

Sent from my iPhone

On Aug 18, 2017, at 9:42 AM, Randy Miskanic <RMiskanic@first-data.com> wrote:

Jared. I need those trademark docs for the 3-bar device and the word lighthouse please. I have held off as long as I could. Need some love ASAP???

Thanks

R

Begin forwarded message:

From: "Miller, William (HQ)" <William.Miller@firstdata.com>
Date: August 18, 2017 at 6:53:22 AM EDT
To: "'kristinp@skypoint.com'" <kristinp@skypoint.com>, "'gbabnigg@skypoint.com'" <gbabnigg@skypoint.com>, "'jisaacman@shift4.com'" <jisaacman@shift4.com>, "Miskanic, Randy (HQ)" <Randy.Miskanic@firstdata.com>, "Muir, Michael W. (HQ)" <
Michael.Muir@firstdata.com>
Cc: "Dorfman, Steven (HQ)" <Steven.Dorfman@firstdata.com>
Subject: RE: Shift4 and Lighthouse

All-

Following up on this- I understand that there is a trademark application on file for the "three-bar device"(tm), among other marks. I would like a copy, for our records, of the application that was filed for this, and any other pending or registered marks that Shift4 has in this or any other product. Please forward such to my attention so that I ensure our
records are up to date.

Thanks, in advance.

Bill Miller
VP, Senior Managing Counsel
First Data Corporation
5565 Glenridge Connector, Suite 2000
Atlanta, GA 30342
Office. 404-890-2264
Cell 404-273-8768
william.miller@firstdata.com

Docket 137-22 (Exhibit 21)

UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
____________________________________________________________
Shift4 Payments, LLC
Opposer,

v.

CardConnect, LLC
Applicant
_________________________________
Opposition No. 91238943

Application Serial No. 87161846
_________________________________

OPPOSER’S NOTICE OF RELIANCE
_________________________________

Pursuant to 37 C.F.R. § 2.122(e), Opposer Shift4 Payments, LLC (“Shift4”) hereby submits
the following Notice of Reliance on Applicant’s Responses to Opposer’s First Set of
Interrogatories:
1. True and correct copies of the responses, and all documents and things produced
therewith, of Applicant to Opposer’s First Set of Interrogatories, attached hereto as Exhibit A.
Opposer relies on the responses to Interrogatory Nos. 2 and 9 and all documents produced in
response thereto.
PLEASE TAKE NOTICE that, pursuant to Trademark Rule 2.120(k)(3)(i), written
discovery requests, answers to discovery requests, and documents and things produced in response
thereto, may be submitted by notice of reliance only to the extent that a party relies on specific
responses or specific documents or things to prove its case.
In addition, the document produced by Applicant bates-labeled CC00004082 contains an
image of the Inverted Cross Device as used by Applicant (on information and belief) in interstate
commerce:

[Image of Inverted Cross]

Respectfully Submitted,
/Jonathan A. Winter/
Jonathan A. Winter (pro hac vice)
Stasha L. Jain (pro hac vice)
DUANE MORRIS LLP
30 South 17th Street
Philadelphia, PA 19103-4196
Telephone: (215) 979-1000
jwinter@duanemorris.com
sljain@duanemorris.com
Attorneys for Opposer
Shift4 Payments, LLC

Docket 154-14 (Exhibit 13)

From:   Jared Isaacman
Sent:   Tuesday, May 08, 2018 9:39 PM
To:     Randy Miskanic
Subject: Re: Gift

Ha. Thanks buddy. You too.

Sent from my iPhone

On May 8, 2018, at 9:22 PM, Randy Miskanic <RMiskanic@first-data.com> wrote:

     Congrats again my man. That's a hell of an accomplishment!!!

R

Sent: Tuesday, May 08, 2018 04:58 PM
To: Randy Miskanic
Subject: Gift

https://www.wsj.com/articles/credit-card-networks-ready-controversial-switch-to-chip-card-readers-1525810344?mod=searchresults&page= 1&pos=2

Sent from my iPhone

Text messages continued on next page.

From:   Jared Isaacman
Sent:   Saturday, July 29, 2017 2:09 PM
To:     Randy Miskanic
Subject:    Re: Congrats...

I agree on the orange county chop shop. It was painful.

The logo could be a problem. I'm surprised we haven't heard of the three bars from fd legal yet. I'll share the inverted cross in a few minutes.

Sent from my iPhone

> On Jul 29, 2017, at 2:01 PM, Randy Miskanic <RMiskanic@first-data.com> wrote:
>
> Congrats on Harbortouch. Great acquisition. It's amazing what they built. I was never a fan of the Orange county chop shop.
>
> BTW...you need to be careful on that new logo bro. We have a product that has something similar. I mentioned this to Billy in passing already. Let's discuss this week.
>
>
> Sent from my iPhone

Docket 172-9 (Exhibit H)

From: Jared Isaacman
Sent: Friday, August 18, 2017 7:44 PM
To: Randy Miskanic
Subject:

It will get done…promise. Just a very busy week.

From: Randy Miskanic
Sent: Friday, August 18, 2017 4:38:32 PM
To: Jared Isaacman
Subject:

Hey bud…can I get some love on at least the other 2 devices by Monday?

Sent from my iPhone

From: Jared Isaacman
Sent: Friday, August 18, 2017 6:44 AM
To: Randy Miskanic
Subject: Re: Fwd: Shift4 and Lighthouse

Ok. This is a mess. I will get you the docs today.

Sent from my iPhone

On Aug 18, 2017, at 9:42 AM, Randy Miskanic <RMiskanic@first-data.com> wrote:

Jared. I need those trademark docs for the 3-bar device and the word lighthouse please. I have held off as long as I could. Need some love ASAP???

Thanks

R

Begin forwarded message:

From: "Miller, William (HQ)" <William.Miller@firstdata.com>
Date: August 18, 2017 at 6:53:22 AM EDT
To: "'kristinp@skypoint.com'" <kristinp@skypoint.com>, "'gbabnigg@skypoint.com'" <gbabnigg@skypoint.com>, "'jisaacman@shift4.com'" <jisaacman@shift4.com>, "Miskanic, Randy (HQ)" <Randy.Miskanic@firstdata.com>, "Muir, Michael W. (HQ)" <
Michael.Muir@firstdata.com>
Cc: "Dorfman, Steven (HQ)" <Steven.Dorfman@firstdata.com>
Subject: RE: Shift4 and Lighthouse

All-

Following up on this- I understand that there is a trademark application on file for the "three-bar device"(tm), among other marks. I would like a copy, for our records, of the application that was filed for this, and any other pending or registered marks that Shift4 has in this or any other product. Please forward such to my attention so that I ensure our
records are up to date.

Thanks, in advance.

Bill Miller
VP, Senior Managing Counsel
First Data Corporation
5565 Glenridge Connector, Suite 2000
Atlanta, GA 30342
Office. 404-890-2264
Cell 404-273-8768
william.miller@firstdata.com

Key Findings and Context

  • Trademark Dispute: The core of the dispute, at least as evidenced by these exhibits, revolves around trademarks, specifically the "three-bar device" (mentioned in the text messages and related to Lighthouse) and the "Inverted Cross" logo. Shift4 appears to be asserting its rights against CardConnect's use of these marks.

  • First Data's Involvement: First Data (where Randy Miskanic works) is clearly a key player, acting as a kind of intermediary or partner to both Shift4 (Jared Isaacman) and CardConnect. The emails and texts show communication between First Data, Shift4, and potentially CardConnect regarding the trademark issues. William Miller is representing First Data's legal concerns.

  • Timeline of Events:

    • July 29, 2017: Isaacman and Miskanic discuss the "new logo" (likely the three-bar design) and a potential conflict. Isaacman mentions he'll share the "inverted cross" soon.
    • August 18, 2017: First Data's lawyer (William Miller) requests trademark documentation from Shift4 related to the "three-bar device" and other marks. Miskanic forwards this request to Isaacman, emphasizing the urgency. Isaacman acknowledges the "mess" and promises to provide the documents.
    • May 8, 2018: There is a text message string regarding a gift and congratulations.

  • "Inverted Cross" in Opposition Proceeding: Exhibit 21 (Docket 137-22) is particularly important. It's a formal "Notice of Reliance" from Shift4 in an opposition proceeding before the Trademark Trial and Appeal Board (TTAB). This shows Shift4 is actively challenging CardConnect's trademark application (Serial No. 87161846). The image of the Inverted Cross is included as evidence.

  • Jared Isaacman and Randy Miskanic Relationship: The text messages reveal a seemingly close and informal relationship between Isaacman (Shift4) and Miskanic (First Data). They use terms like "buddy" and "bud," and there's a sense of personal connection beyond purely business matters.

The theoretical and presentation of the content is complete, fulfilling all requirements. I've included the exhibit text exactly as it appears, I've showed any truths (there were none). I also did my best to maintain the formatting.