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Filing # 127150677 E-Filed 05/19/2021 04:41:40 PM
IN THE CIRCUIT COURT OF THE NINETEENTH JUDICAL CIRCUIT
IN AND FOR ST. LUCIE COUNTY, FLORIDA
MELVIN T. FOLBRECHT, JR., and FIRE
DESIGN BY MEL, f/k/a FIRE EQUIPMENT CASE NO. 56-2021-CA-0722
SERVICES OF ST. LUCIE, INC.
Plaintiffs,
Vv.
FIRE EQUIPMENT SERVICES OF FLORIDA,
INC., and CAROL EGERS
Defendants.
/
DEFENDANTS’ RESPONSE TO PLAINTIFFS’ MOTION
FOR TEMPORARY INJUNCTION
COMES NOW, Plaintiffs FIRE EQUIPMENT SERVICES OF FLORIDA, INC., and
CAROL EGERS by and through their undersigned counsel and says in support thereof the
following:
1. On or about March 31, 2008 Mel Folbrecht, Jr. and David Egers formed a for profit
corporation, Smart Connect, Inc., and continued to operate as Smart Connect through 2011.
Composite EXHIBIT 1
2. On or about April 4, 2012 Smart Connect filed with the Florida Division of
Corporations, Articles of Amendment to the Articles of Incorporation of Smart Connect changing
the name to Fire Equipment Services of Florida, Inc., and has continued to operate as Fire
Equipment Services of Florida, Inc. through 2021. Composite EXHIBIT 2
3. The ownership of Smart Connect, Inc., and thereafter Fire Equipment Services of
Florida, Inc., was 51% Egers the majority owner and 49% Folbrecht a minority owner.4. From 2008 on, the company operated under the name of Fire Equipment Services
of Florida, Inc., with the logo that is at issue before the Court.
5. Defendants now assert that the use of the logo and name were under a verbal license
which is inconsistent with the parties’ daily operations, and the termination of the verbal license
would be a breach of Folbrecht’s fiduciary duty as a shareholder to Fire Equipment Services of
Florida, Inc.
6. Plaintiffs filed an application for the Registration of a Trademark or Service Mark.
As part of Plaintiffs’ application Part III, paragraph 2 Plaintiff listed the words “Fire”,
“Equipment” and “Services” as words in common usage and therefore made no claim to the
exclusive right to use these terms. EXHIBIT 3
REQUIREMENT FOR GRANTING TEMPORARY INJUNCTION
“A party seeking temporary injunctive relief must demonstrate: (1) irreparable harm; (2) a
clear legal right; (3) an inadequate remedy at law; and (4) that the public interest will be served.”
Weinstein v. Aisenberg, 758 So. 2d 705, 706, (Fla. 4° DCA 2000); Biscayne Park, LLC y. Wal-
Mart Stores East, LP, 34 So. 3d 24, (Fla. 3 DCA 2010); Dubner v. Ferraro, 242 So. 3d 444,
447, (Fla. 4° DCA 2018). There is an adequate remedy at law for monetary damages for plaintiffs’
alleged damages, therefore there is insufficient basis for injunctive relief. 758 So. 2d at 707.
Plaintiffs’ complaint has failed to show there is no adequate remedy at law to justify an injunction.
Plaintiffs make general allegations as to the damages suffered and allege future unqualified
damages Plaintiff may suffer in the future but does not provide specific damages suffered.
Yardley v, Albu, 826 So. 2d 467, 469, (Fla. 5 DCA 2002) outlined the requirements for
an injunction stating, as stated in Weinstein, and further stated that “The issuance of a preliminary
injunction is an extraordinary remedy which should be granted sparingly.” The Yardley Courtfurther references Fla. R. Civ. P. 1.610 holding that the intent of a temporary injunction is to
preserve the status quo. 826 So. 2d at 471. The issuance of an injunction will not preserve the
status quo, it would restrict Fire Equipment Services of Florida, Inc. from continued operation
which would be a breach of the company’s and other shareholders’ breach of their fiduciary duty.
Plaintiffs’ general allegations cite irreparable harm but do not indicate what irreparable
harm they will suffer if the injunction is not entered, nor do they indicate their legal right to an
injunction, and there is an adequate remedy at law for all monetary damages proven by Plaintiffs
nor is the public interest served as it creates a legal conundrum. If the injunction is entered the
company will have to change its name and include Folbrecht as a 49% owner in the new company
with diminished ability to compete in the Fire market.
In order for Plaintiffs to prevail, they must show a likelihood of success on the merits and
that there is no adequate remedy at law. Plaintiffs have not provided sufficient facts to make a
reasonable determination of Plaintiffs’ success or that there is no adequate remedy at law.
Angelino y. Santa Barbara Enters., LLC, 2 So. 3d 1100, 1102, 1103, (Fla. 3°* DCA 2009). In the
Angelino case, a dispute regarding infringement on business relationships similar to the case at bar
was reviewed by the Court. Therein the Court held there was no mention of specifics upon
Angelino could rely on to determine what information and technology he could not use. The Court
held that such vague language cannot support an injunction. Therein the Court held ‘“{o]ne against
whom an injunction is directed should not be left in doubt as to what [they are] required to do.”
2 So. 2d at 1103.
The Biscayne Park Court followed the Weinstein court outlining the requirements for an
injunction stating “The well-established requirements for the issuance of a temporary injunction
are: (1) the likelihood of irreparable harm and the unavailability of an adequate remedy at law; (2)a substantial likelihood of success on the merits; (3) that the threatened injury to the petitioner
outweighs any possible harm to respondent; (4) the entry of the injunction will not disserve the
public interest....Moreover, a temporary injunction ‘should be granted only sparingly and only
after the moving party has alleged and proved facts entitling it to relief.’” 34 So. 3d at 26, Citing
Morgan v. Herff Jones, Inc., 883 So. 2d 309, 313 (Fla. 2°¢ DCA 2004). Plaintiffs’ allegations,
without supporting documentation, of likelihood of irreparable harm are insufficient to support a
motion for injunctive relief; there must be specific facts upon which the Court can make a
determination. The Court further held at 34 So. 3d at 26 that “the granting of injunctive relief is
improper when a plaintiff's right to recover is based upon a future event.” In the matter before the
court Plaintiffs assert future harm as one of the compelling reasons for the issuance of an
injunction. The Biscayne Park Court went on to say ‘”Irreparable injury will never be found where
the injury complained of is doubtful, eventual, or contingent.’” Plaintiffs have not provided in their
motion or supporting documents sufficient proof of their allegation upon which the Court can make
a determination of irreparable injury.
Florida Rules of Civil Procedure 1.610(a)(1)(A) requires the movant to provide specific
facts that irreparable injury, loss or damage will result before the movant can be heard. Plaintiffs
have not provided “specific facts” that prove irreparable harm therefore they have not complied
with Fla. R. Civ. P 1.610.
The analysis of the Weinstein and Biscayne Park, LLC, was followed in Miami-Dade
County v. Concrete Structured, Inc., 114 So. 3d 333, 336, (Fla. 3° DCA 2013) wherein the Court
stated the movant was obligated “to establish irreparable harm. The unavailability of an adequate
remedy at law, a substantial likelihood of prevailing on the merits and that the injunction would
serve the public interest.” Plaintiffs herein only make unsupported allegations of irreparable harmwithout specificity, nor do they proffer how they intend to prevail. This in light of the words that
make up the company name being specifically disclaimed in Plaintiffs Application for Registration
of a Trademark or Service Mark wherein Plaintiffs are not seeking the exclusive right to use the
terms Fire, Equipment, Services, EXHIBIT 3.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Appearance
and Designation of Email Address has been furnished via the Florida Courts E-Filing Portal to
Robert J. Gorman & Associates, P.A., Robert J. Gorman, Esquire, attorney for Plaintiff, at
bob@rjgpa.com: coni@rjgpa.com and courtdocs@rijpa.com on this 19" day of May 2021.
/s/ Shaun T. Plymale, Esq.
Shaun T. Plymale, Esq.
Florida Bar No.: 0247390
Gerald F. Herrmann
Florida Bar No.: 368768
SPlymale@TreasureCoastLegal.com
EWatson@TreasureCoastLegal.com
Litigation@TreasureCoastLegal.com
Attorneys for Defendant
Treasure Coast Legal
100 SW Albany Avenue, Suite 310
Stuart, FL 34994
(772) 283-2626 telephone
(772) 283-6262 facsimileEXHIBIT
FILED
2008 FOR PROFIT CORPORATION Mar 31, 2008 08:00 A.
ANNUAL REPORT , 200 A
DOCUMENT # P05000010349 Secretary of State
SMART CONNECT, INC.
Principa’ Place of Susiness Maing Adaress
434 NORTH 7TH ST 434 NORTH 7TH ST
FT, PIERCE, Fl. 34950 FT, PIERCE, FL 34950
IO
‘| 03272008 No Chg-P CR2E034 (11/05)
4. FEI Number - ‘Applied For
52-2450141 Not Applicable
$8.75 Additional
5. Cerfiteate of StausDesred =] Roa tivea
‘6. Namo and Address of Currant Registered Agent
FOLBRECHT, MELVIN T
434 NORTH 7TH ST
FT. PIERCE, FL 34950
@. The above named ently submis ns staiemont for the purpose of changing Its registered office or registered agent or both. m ihe Slate of Florida. | am farular with, ang accep!
the obiigations of registeres agent.
SIGNATURE.
Tones yiada breed named ayaeed apr andi Fepoieaoe THOTE RegaeTea Age SRE OED IRON STRSIOD) ane
FILE NOWII! FEE 1S $150.00 8, Election Campaign Financing $5.00 May 30
After May 1, 2008 Feo will be $550.00 Trust Fund Centnbution Added to Fess UNONANBTS107
09-80019
13. OFFICERS ANO DIRECTORS: .
WUE POT
MANE: FOLBRECHT, MEL JR
svmee1 agoaess | 434 NORTH 7TH ST.
CV-S1-2F FT. PIERCE, FL 34950
TITLE DVPS
NAME, EGERS, DAVID
sinéet apaniss | 3784 SW QUAIL MEADOW RAIL-C
aiv-st-2e__| PALM CITY, FL_34950
whe
NAME
STREET ADRESS
cy-st-2P
me
NAME
‘STREET ADDRESS
ony. s1-2?
me
NaNE,
‘STREET ADDRESS
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‘STREET ADDRESS
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42. {hereby comnly that the information supplied with this fling does not quality for the exemptions contained in Chapter 119 Fionca Statutes. | further certify inal the information
ingicated on thus report or supple meni ig true and accurate and that my signature shall have the same legal effect as if made under oath: thal | am an officer or director
‘of the corporation of the rec iad by Chaplet 607, Flotida Statutes. and that my name appears in Block 10 or Block 11 tt
changes, oF on an atta
SIGNATURE: £
dice erpp eTBEule this report as eg,
ike empowered2009 FOR PROFIT CORPORATION ANNUAL REPORT ED 09
Apr 30,
DOCUMENT# P05000010349 secretary a State
Entity Name: SMART CONNECT, INC.
Current Principal Place of Business: New Principal Place of Business:
434 NORTH 7TH ST
FT, PIERCE, FL 34950
Current Mailing Address: New Mailing Address:
434 NORTH 7TH ST.
FT. PIERCE, FL 34950
FEI Number: 52-2450141 FEI Number Applied For ( ) FEI Number Not Applicable ( ) Certificate of Status Desired ( )
Name and Address of Current Registered Agent: Name and Address of New Registered Agent:
FOLBRECHT, MELVIN T
434 NORTH 7TH ST
FT. PIERCE, FL 34950 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both,
in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Election Campaign Financing Trust Fund Contribution ( ).
OFFICERS AND DIRECTORS: ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS:
Title: PDT () Delete Title: PST (X) Change ( ) Addition
Name: FOLBRECHT, MEL JR Name: FOLBRECHT, MEL JR
Address: 434 NORTH 7TH ST. Address: 434 NORTH 7TH ST.
City-St-Zip: FT. PIERCE, FL 34950 City-St-Zip: FT. PIERCE, Ft 34950
Title: OvPs ( ) Delete Title: vp (0) Change ( } Addition
Name: EGERS, DAVID Name: EGERS, CAROL MRS
Address: 3784 SW QUAIL MEADOW RAIL-C Address: 3784 SW QUAIL MEADOW RAIL-C
City-St-Zip: PALM CITY, FL 34950 City-St-Zip: PALMCITY, FL 34950
| hereby certify that the information supplied with this filing does not qualify for the exemption stated in Chapter 119, Florida
Statutes. | further certify that the information indicated on this report or supplemental report is true and accurate and that my
electronic signature shall have the same legal effect as if made under oath; that | am an officer or director of the corporation or
the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, or on an attachment with an address, with all other like empowered.
SIGNATURE: MELVIN T, FOLBRECHT JR. PTS 04/30/2009
Electronic Signature of Signing Officer or Director Date2010 FOR PROFIT CORPORATION ANNUAL REPORT FILED
May 12, 2010
DOCUMENT# P05000010349 Secretary of State
Entity Name: SMART CONNECT, INC.
Current Principal Place of Business: New Principal Place of Business:
434 NORTH 7TH ST
FT. PIERCE, FL 34950
Current Mailing Address: New Mailing Address:
434 NORTH 7TH ST
FT. PIERCE, FL 34950
FEI Number: 52-2450141 FEI Number Applied For ( ) FEI Number Not Applicable ( ) Certificate of Status Desired ( )
Name and Address of Current Registered Agent: Name and Address of New Registered Agent:
FOLBRECHT, MELVIN T
434 NORTH 7TH ST
FT. PIERCE, FL 34950 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both,
in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
In accordance with s. 607.193(2)(b), F.S., the corporation did not receive the prior notice.
Election Campaign Financing Trust Fund Contribution ( ).
OFFICERS AND DIRECTORS:
Title. PST
Name: FOLBRECHT, MEL JR
Address: 434 NORTH 7TH ST.
City-St-Zip: FT. PIERCE, FL 34950
Title: vP
Name: EGERS, CAROL MRS
Address: 3784 SW QUAIL MEADOW RAIL-C
City-St-Zip: PALM CITY, FL 34950
| hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic
signature shall have the same legal effect as if made under oath; that | am an officer or director of the corporation or the receiver
or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or
on an attachment with all other sike empowered.
SIGNATURE: MELVIN T. FOLBRECHT JR. PRES 05/12/2010
Electronic Signature of Signing Officer or Director Date2011 FOR PROFIT CORPORATION ANNUAL REPORT FILED
Apr 29, 2011
DOCUMENT# P05000010349 Secretary of State
Entity Name: SMART CONNECT, INC.
Current Principal Place of Business: New Principal Place of Business:
434 NORTH 7TH ST
FT. PIERCE, FL 34950
Current Mailing Address: New Mailing Address:
434 NORTH 7TH ST
FT. PIERCE, FL 34950
FEI Number: 52-2450141 FEI Number Applied For ( ) FEI Number Not Applicable ( ) Certificate of Status Desired ( )
Name and Address of Current Registered Agent: Name and Address of New Registered Agent:
FOLBRECHT, MELVIN T FOLBRECHT, MELVIN T JR
434 NORTH 7TH ST 434 NORTH 7TH ST
FT. PIERCE, FL 34950 US FT. PIERCE, FL 34950 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both,
in the State of Florida.
SIGNATURE: MELVIN T. FOLBRECHT JR 04/29/2011
Electronic Signature of Registered Agent Date
OFFICERS AND DIRECTORS:
Title: PST
Name: FOLBRECHT, MEL T JR
Address: 434 NORTH 7TH ST.
City-St-Zip: FT. PIERCE, FL 34950
Title: vP
Name: EGERS, CAROL MRS.
Address: 2668 SW GREENWICH WAY
City-St-Zip: PALM CITY, FL 34990 US
| hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic
signature shall have the same legal effect as if made under oath; that | am an officer or director of the corporation or the receiver
or trustee empowered to execute this report as required by Chapter 607, Florida Statutes, and that my name appears above, or
on an attachment with all other like empowered.
SIGNATURE: MELVIN T. FOLBRECHT JR. PST 04/29/2011
Electronic Signature of Signing Officer or Director Datejorida Department of State
Division of Corporations
Electronic Filing ( Cover Sheet
Fax sent by
Dixision of C i
1
Note: Please print this page ond use it as a cover sheet. Type the fax audit number
(shown below) on the top and hotlom of all pages of the document.
((H12000087656 3)))
HANA
Note: DO NOT hit the REFRESH/RELOAD button on your browser from this page.
Doing so will generate another cover sheet.
To:
Division ot Corporations
Pax Number : (850) 617-6380
Account Name + APL PROCESSLNG
2 720770000069
Account Number =
+ (954) 567-0013
From:
Phone.
Fax Number 3 (954)567-3401 =
Be —_
ces
**Enler Lhe email address Cor Lhis business entity to he usec for future z 5
annual report mailings. Eater only one email addrass please.** Ba
‘ i
Email Address: kathy@apiprocessing.com o
: 2m
se
eae ST 2 2
go
COR AMND/RESTATE/CORRECT OR O/D RESIGN
SMART CONNECT, ENC.
M02 70 dav
Help
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‘ ConesFax sent by : 9545673401 : API 4-84-12 12:27p Pg: 2/45
: H12000087656 3
sn —— Page 2 of 5
April 4, 2012
Articles of Amendment «
©
Articles of Incerporation
of
Smart acute Inc.
**P05000010349
‘ (Document Number of Corporation (if known)
Pursuant to the provisions of section 607.1006, l'lorida Starutes, this Florida Profit Corporation adopts the following amendment(s) to
its Articles of Incorporation:
A. [amending name, enter the new name of the corporation;
Fire Equipment Services of Florida, Inc. The new
nume mst be distinguishable and contain the word “corporation,” “company,” or “incorporated” or the abbreviation
“Corp.” “Inc.” or Co.,” or the designation “Corp,” “Inc,” or “Ca”. A professional corporation name must contain the
word “chartered,” “professional association,” or the abbreviation “P.A.”" |
B. Enter sew principal office address, if applicable:
(Principal office atdress MUST BE A STREET ADDRESS )
C. Enter new mailing address if apolicable;
(Mailing address MAY BE A POST OFFICE BOX)
(Florida street adress)
New Reyistered Office Address: Florida,
Chy} (Zip Code)
New Registered Agent's Signature, If changing Registeresl Agent: 4
Thereby accept the appointment as registered agent. 1 am familiar with and accept the obligations of the position.
Signature of New Registered Agent, if changing
92:8 BY AH dd¥ 2b
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HY2Q00087656 3
Page 3 of 5
April 45. 2012
—_ -
If amending the Officers and/or Directors, enter the title and name of each officer/director being removed aad title, amc, and
address of each Officer and/or Director being added:
(Attach additional sheets, if necessary)
Please note the officer/director title by the first letter of the office title:
P — President; V= Vice President; t= Treasurer; S- Secretary; D- Director; TR= Trustee: C — Chairman or Clerk; CEQ Chief
Frecutive Officer; CO ~ Chief Financial Officer. If an officer/director holds more than one title, list the first letter of each office
Aeid. President, Treasurer, Director would be PTD.
Changes should be noted in the following manner, Currently John Doe is listed as the PST und Mike Jones is Usted as the V. There is
a change, Mike Jones leaves the corporation, Sally Smith is named the V and S. These should be noted as John Doe, PT as a Change,
Mike Jones, V as Remove, and Sally Smith, SV as an Add.
Example:
XChange Pr gh Doe
X Remove
fe
Mike Jones
—X Ada Sally Smith
Name
Type of Action Tie Address
(Check One) {
1) ___ Change
Add
|
i
Remove
2) ___ Change
—— Add
Remove
3) Change
Add
Remove
4) Change
Add
Remove
5) _— Change
Add
Remove —————
6) ___ Change
____ Add
Remove
Page 2 of 4 H12000087656 3Fax sent by : 9545673401 API 84-04-12 12:27p Pg: 445
— .
H12000087656 3
Page 4 of 5
E. If i q chan, April 4, 2012
Radio shee ifnecessary). (Be specific)
¥. Man amendment provides for an exchange, reelassifieation, or cancellation of ists shares,
rovisions for. lomen: amendment,
(if not applicable, indicate N/A)
H12000087656 3
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Page 5 of 5
aprilé4, 2012
Te date ofeach smendment(s) adaption: APH 3, 2012
Effective date if apptispble:
{no more than 90 days after amendment file date)
Adoption of Ameadment(s} (CHECK ONE)
1 The smendment{s) was/were adoptes by the shareholders. The number of vores ogst for the amendment(s)
by the shareholders wae/were sufficient for approval.
TD Tic amencnient(s} was/were approved by the sharcholiers through voting groups. Tine following stasemant
wrest be separately provided for each voting group énililed ta vote separately on the amendrmednt(s):
“The number of votes cast for the amendment(s} was/were sufficient for approval
by ”
(voting group)
© The amendmens(s) was/were adopted by the boatd of directors without shareholder action und shareholder
2 The umendinemt{s) was/were adopted by the incorporators without shareholder action and sharchokder
‘ction was not required,
* pwwad Sos | 18.
Signature / Gust gd. bere
(By a director, president or other officer ~ if directors o1 officers have not heen
stlected, by an incorporstor — if in the hands of # receiver, trustee, or other court
appointed fiduciary hy that fiductary)
Carol A. Egers
(Typed or primed name of persoo signing)
President
(Title of person signing}
412000087656 3
Page dofd2012 FOR PROFIT CORPORATION ANNUAL REPORT FILED
Apr 30, 2012
DOCUMENT# P05000010349 Secretary of State
Entity Name: FIRE EQUIPMENT SERVICES OF FLORIDA, INC.
Current Principal Place of Business: New Principal Place of Business:
434 NORTH 7TH ST
FT. PIERCE, FL 34950
Current Mailing Address: New Mailing Address:
434 NORTH 7TH ST
FT. PIERCE, FL 34950
FEt Number: 52-2450144 FEI Nurnber Applied For ( ) FE! Number Not Applicable { ) Certificate of Status Desired ( )
Name and Address of Current Registered Agent: Name and Address of New Registered Agent:
FOLBRECHT, MELVIN T JR.
434 NORTH 7TH ST
FT, PIERCE, FL 34950 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both,
in the State of Florida
SIGNATURE:
Electronic Signature of Registered Agent Date
OFFICERS AND DIRECTORS:
Tite: ves
Name: FOLBRECHT, MEL T JR
Address: 434 NORTH 7TH ST.
City-St-Zip: FT. PIERCE, FL 34950
Title: PT
Name: EGERS, CAROL AMRS
Address: 2668 SW GREENWICH WAY
City-St-Zip: PALM CITY, FL 34990 US
| hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic
signature shall have the same legal effect as if made under oath, that | am an officer or director of the corporation or the receiver
or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or
onan attachment with all other like empowered.
SIGNATURE: CAROL A. EGERS P 04/30/2012
Electronic Signature of Signing Officer or Director DateIDA RT FILED
DOCUMENT# P05000010349 5 Apr 22, 2013
: EQUIPMI ; ecretary of State
Entity Name: FIRE EQUIPMENT SERVICES OF FLORIDA, INC. CC5023222055
Current Principal Place of Business:
434 NORTH 7TH ST
FT. PIERCE, FL 34950
Current Mailing Address:
434 NORTH 7TH ST
FT. PIERCE, FL 34950
FEI Number: 52-2450141 Certificate of Status Desired: No
Name and Address of Current Registered Agent:
EGERS, CAROL
434 NORTH 7TH ST
FT. PIERCE, FL 34950 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE: CAROL EGERS 04/22/2013
Electronic Signature of Registered Agent Date
Officer/Director Detail :
Title ves Title PT
Name FOLBRECHT, MEL TJR Name EGERS, CAROL AMRS.
Address 434 NORTH 7TH ST. Address 2668 SW GREENWICH WAY
City-State-Zip: FT. PIERCE FL 34950 City-State-Zip: PALM CITY FL 34990
| hereby cortity that the information indicated on this ceport ar supplemental report is true and accurate and that my electronic signature shall have the same legal offect as if made under
oath; that | am an officer or director of the corporation or the receiver or trustee empowered fo execute this report as required by Chapter 607, Florida Statutes: and that my name appears
above, or on an attachment with all other ike empowered.
SIGNATURE: CAROL EGERS PRESIDENT 04/22/2013
Electronic Signature of Signing Officer/Director Detail DateRID, L RI FILED
DOCUMENT# P05000010349 Mar 20, 2014
: Secretary of State
Entity N: : FIR IPMENT SERVICES OF FI , .
ni Jame: E EQUI LORIDA, INC. c9845326069
Current Principal Place of Business:
434 NORTH 7TH ST
FT. PIERCE, FL 34950
Current Mailing Address:
434 NORTH 7TH ST
FT. PIERCE, FL 34950
FEI Number: 52-2450141 Certificate of Status Desired: No
Name and Address of Current Registered Agent:
EGERS, CAROL
434 NORTH 7TH ST
FT. PIERCE, FL 34950 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Fiorida.
SIGNATURE: CAROL EGERS 03/20/2014
Electronic Signature of Registered Agent Date
Officer/Director Detail :
Title ves Title PT
Name FOLBRECHT, MEL TJR Name EGERS, CAROL A
Address 434 NORTH 7TH ST. Address 2688 SW GREENWICH WAY
City-State-Zip: FT. PIERCE FL 34950 City-State-Zip: PALM CITY FL 34990
| horeby certify that the information indicated on this report or supplemental report is tue and accurate and that my electronic signature shall have the same legal effect as if made under
‘oath; that ! am an officer or director of the corporation or the receiver or trustee empowered fo execute this report as required by Chapter 607, Florida Statutes; and that my name appears
‘above, or on an attachment with all other like empowsred.
SIGNATURE: CAROL EGERS PRESIDENT 03/20/2014
Electronic Signature of Signing Officer/Director Detail Date2015 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED
DOCUMENT# P05000010349 Apr 29, 2015
: Secretary of State
it : IT F FLORIDA, INC.
Entity Name: FIRE EQUIPMENT SERVICES OF FLORIDA, INC. 5948857101
Current Principal Place of Business:
434 NORTH 7TH ST
FT. PIERCE, FL 34950
Current Mailing Address:
434 NORTH 7TH ST
FT. PIERCE, FL 34950
FEI Number: 52-2450141 Certificate of Status Desired: Yes
Name and Address of Current Registered Agent:
EGERS, CAROL
434 NORTH 7TH ST
FT. PIERCE, FL 34950 US.
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or bath, in the State of Florida.
SIGNATURE: CAROL EGERS 04/29/2015
Electronic Signature of Registered Agent Date
Officer/Director Detail :
Title ves Title PT
Name FOLBRECHT, MEL TJR Name EGERS, CAROL A
Address, 434 NORTH 7TH ST. Address 2668 SW GREENWICH WAY
City-State-Zip: FT. PIERCE FL 34950 Gity-State-Zip:_ PALM CITY FL 34990
| hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal offoct as if made under
‘oath, that | am an officer or director of the comporation or the receiver or trustee empowered to execute this report as required by Chapter 807, Florida Statutes; and that my name appears
above, or on an attachment with all other like empowered.
SIGNATURE: CAROL EGERS PRESIDENT 04/29/2015
Electronic Signature of Signing Officer/Director Detail DateFIT CORI RT FILED
DOCUMENT# P05000010349 Jan 22, 2016
7 Secretary of State
: FIRE E INC.
Entity Name: FIRE EQUIPMENT SERVICES OF FLORIDA, INC cco027060589
Current Principal Place of Business:
434 NORTH 7TH ST
FT. PIERCE, FL 34950
Current Mailing Address:
434 NORTH 7TH ST
FT, PIERCE, FL 34950
FEI Number: 52-2450141 Certificate of Status Desired: No
Name and Address of Current Registered Agent:
EGERS, CAROL
434 NORTH 7TH ST
FT. PIERCE, FL 34950 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE: CAROL EGERS 01/22/2016
Electronic Signature of Registered Agent Date
Officer/Director Detail :
Title ves Title PT
Name FOLBRECHT, MEL TJR Name EGERS, CAROL A
Address 434 NORTH 7TH ST. Address 2668 SW GREENWICH WAY
City-State-Zip: FT. PIERCE FL 34950 City-State-Zip: PALM CITY FL 34990
| neraby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shail have the same legal effect as if mace under
oath; that | am an officer or director of tha corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name enpeers
above, or on an attachment with all other like empowered.
SIGNATURE: CAROL EGERS PRESIDENT 01/22/2016
Electronic Signature of Signing Officer/Director Detail DateAP! TION ANNUAL REPORT FILED
DOCUMENT# P05000010349 Feb 10, 2017
7 Secretary of State
3 EQUIPME! RIDA, INC.
Entity Name: FIRE EQU NT SERVICES OF FLORID: C. 05554698286
Current Principal Place of Business:
434 NORTH 7TH ST
FT. PIERCE, FL 34950
Current Mailing Address:
434 NORTH 7TH ST
FT. PIERCE, FL 34950
FEI Number: 52-2450141 Certificate of Status Desired: No
Name and Address of Current Registered Agent:
EGERS, CAROL
434 NORTH 7TH ST
FT. PIERCE, FL 34950 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE: CAROL EGERS 02/10/2017
Electronic Signature of Registered Agent Date
Officer/Director Detail :
Title ves Title PT
Name FOLBRECHT, MEL TJR Name EGERS, CAROL A
Address 434 NORTH 7TH ST. Address 2668 SW GREENWICH WAY
City-State-Zip: FT. PIERCE FL 34950 City-State-Zip: PALM CITY FL 34990
| hereby certity thet the information indicated on this report or supplemental report is true and accurate end that my electronic signature shall have the same legal effect as if made under
‘oath; that ! am an officer ar diractor of the corporation or the receiver or trustee empowered to exocute this report as required by Chapter 607, Florida Stetutes, and that my name appears
‘above, or on an attachment with all other tke empowered.
SIGNATURE: CAROL EGERS PRESIDENT 02/10/2017
Electronic Signature of Signing Officer/Director Detail DatePROFIT CORPORATI PORT FILED
DOCUMENT# P05000010349 Apr 25, 2018
: Secretary of State
; FIRE EQUIPME RVICES OF FLORIDA, INC.
Entity Name: FI Qi NT SERVICES INC. CC17331462
Current Principal Place of Business:
434 NORTH 7TH ST
FT. PIERCE, FL 34950
Current Mailing Address:
434 NORTH 7TH ST
FT. PIERCE, FL 34950
FEI Number: 52-2450141 Certificate of Status Desired: No
Name and Address of Current Registered Agent:
EGERS, CAROL
434 NORTH 7TH ST
FT. PIERCE, FL 34950 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE: CAROL EGERS 04/25/2018
Electronic Signature of Registered Agent Date
Officer/Director Detail :
Title ves Title PT
Name FOLBRECHT, MEL TJR Name EGERS, CAROL A
Address 434 NORTH 7TH ST. Address 2668 SW GREENWICH WAY
City-State-Zip:_ FT. PIERCE FL 34950 City-State-Zip: PALM CITY FL 34990
| hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic shail have the same legal effect as if made under
signature
‘oath; that | am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes, and that my name appears
‘above, or on an attachment with ail other fke empowered.
SIGNATURE: CAROL EGERS PRESIDENT 04/25/2018
Electronic Signature of Signing Officer/Director Detail Date0: FIT CORPORATION ANN: FILED
DOCUMENT# P05000010349 May 15, 2019
. Secretary of State
Entity N. : FIRE EQUIPMENT SERVICES OF FLORIDA, INC.
et 1816403041CC
Current Principal Place of Business:
434 NORTH 7TH ST
FT. PIERCE, FL 34950
Current Mailing Address:
859 SOUTH KINGS HWY
FT. PIERCE, FL 34945 US
FEI Number: 52-2450141 Certificate of Status Desired: No
Name and Address of Current Registered Agent:
EGERS, CAROL
434 NORTH 7TH ST
FT. PIERCE, FL 34950 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE: CAROL EGERS 05/15/2019
Electronic Signature of Registered Agent Date
Officer/Director Detail :
Title ves Title PT
Name FOLBRECHT, MEL TJR Name EGERS, CAROL A
Address 434 NORTH 7TH ST. Address 2668 SW GREENWICH WAY
City-State-Zip:_ FT. PIERCE FL 34950 City-State-Zip: PALM CITY FL 34990
| hereby certify that the infarmaticn indicated an this report or supplemental report is true and accurate and that my electronic ‘shail have the same jege! effect as if made under
signature.
‘oath; that ! am an officer or director of the corporation or the receiver or trustee empowered fo execute this report as required by Chapter 607, Flaride Statutes, and that my name appears
above, or on an attachment with all other like empowered.
SIGNATURE: CAROL EGERS PRESIDENT 05/15/2019
Electronic Signature of Signing Officer/Director Detail Date2020 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED
DOCUMENT# P05000010349 Mar 20, 2020
. Secretary of State
; FIRE EQUIPMENT SERVI FLORIDA, INC.
Entity Name QU ICES OF FLO! IC. 9684102996CC
Current Principal Place of Business:
434 NORTH 7TH ST
FT. PIERCE, FL 34950
Current Mailing Address:
859 SOUTH KINGS HWY
FT. PIERCE, FL 34945 US
FE! Number: 52-2450141 Certificate of Status Desired: No
Name and Address of Current Registered Agent:
EGERS, CAROL
434 NORTH 7TH ST
FT. PIERCE, FL 34950 US.
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE: CAROL EGERS 03/20/2020
Electronic Signature of Registered Agent Date
Officer/Director Detail :
Title ves Title PT
Name FOLBRECHT, MEL TJR Name EGERS, CAROL A
Address 434 NORTH 7TH ST. Address 2668 SW GREENWICH WAY
City-State-Zip: FT. PIERCE FL 34950 City-State-Zip: PALM CITY FL 34990
| hereby certity that the information indicated on this report or supplemental report is trie and accurete and that my electronic signature shall have the same legal effect as if made under
‘oath; that ! am an officer or director of the corporation or the recelver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, or on an attachment with all ather like empowered.
SIGNATURE: CAROL EGERS PRESIDENT 03/20/2020
Electronic Signature of Signing Officer/Director Detail Date2021 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED
DOCUMENT# P05000010349 Jan 29, 2021
. Secretary of State
‘ity Ni : FIRE EQUIPMEN , INC.
Entity Name: Q' [T SERVICES OF FLORIDA, INC. 2659853570CC
Current Principal Place of Business:
859
SOUTH KINGS HWY.
FORT PIERCE, FL 34945
Current Mailing Address:
859 SOUTH KINGS HWY
FT. PIERCE, FL 34945 US
FEI Number: 52-2450141 Certificate of Status Desired: Yes
Name and Address of Current Registered Agent:
EGERS, CAROL
859
SOUTH KINGS HWY.
FORT PIERCE, FL 34945 US
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE: CAROL EGERS 01/29/2021
Electronic Signature of Registered Agent Date
Officer/Director Detail :
Title VPS Title PT
Name FOLBRECHT, MEL TJR Name EGERS, CAROL A
Address 434 NORTH 7TH ST. Address 2668 SW GREENWICH WAY
City-State-Zip: FT. PIERCE FL 34950 City-State-Zip: PALM CITY FL 34990
| hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shat! have the same lagal effect as if made under
‘oath: that ! am an officer or director of the corporation or the receiver or trustee empowered fo execute this report as required by Chapter 607, Florida Statutes; and that my name appears
above, or on an attachment with all other ike empowered.
SIGNATURE: CAROL EGERS PRESIDENT 01/29/2021
Electronic Signature of Signing Officer/Director Detail DateT1700000/264
(Address) | |
— 100336642191
(City/State/Zip/Phone #)
Oleckup [war ( mai
VSL "LUE UE FS
(Business Entity Name)
(Document Number)
Certified Copies Certificates of Status
od
my
oO
Special Instructions to Filing Officer:
Office Use Onty
EXHIBIT
%. SALY
NOV 7 1015 | 3COVER LETTER
TO: Registration Section
Division of Corporations
“FIRE in large red tetters with white flames on lope of *FIRE* outiros in rea; and “Equipment Services’ in smater black lofiers beneath
SUBJECT:
(Mark to be registered)
The enclosed Trademark/Service Mark Application, specimens and fee(s) are submitted for filing.
Please return all correspondence concerning this matter to the following:
Robert J. Gorman, Esquire
(Name of Person)
Robert J. Gorman & Associates, P.A.
(Firm/Company)
1209 Delaware Avenue
(Address)
Fort Pierce, FL 34950
(City/State and Zip Cade)
For further information concerning this matter, please call:
Robert J. Gorman, Esq. 772 465-5311
(Name of Person) (Area Code & Daytime Telephone Number)
MAILING ADDRESS: STREET/COURIER ADDRESS:
Registration Section Registration Section
Division of Corporations Division of Corporations
P.O, Box 6327 Clifton Building
Tallahassee, FL 32314 2661 Executive Center Circle
Tallahassee. FL 32301
(NOTE: The information contained in this cover letter will be included in the permanent record and will be available to the general
public.)APPLICATION FOR THE REGISTRATI
PURSUANT TO CHAPTER 495.
N OF A TRADEM:
ORIDA STATUTE!
TO: ivision of Corporations
Post Office Box 6327
Tallahassee, FL 32314
PARTE
1, OWNER/APPLICANT: Enter the name and address of the individual of the business entity to be listed as the owner of the Trademark
and/or Service Mark on the records of the Florida Department of State.
(a) OwnervApplicans ame MEL T. FOLBRECHT, JR.
{b) Owner's/Applicant’s business address: 434 North 7th Street
Fort Pierce, FL 34950
‘oad
7900 Picos Roa
Fort Pierce, FL 3494
if different, Owner’s/Applicant’s mailing address:
City/State/Zip
(c} Owner’s/Applicant’s telephone number: ( 7 72 ) 4 6 1 -6 84 5
Check the appropriate box to indicate the Owner/Applicant is a(n):
Individual Q Comoration QSoint Venture GO Limited Liability Company
O General Pannership O Limited Partnership QUnion D Other:
registration on file with the Florida Department
of Sta. [f the Owner/Applicant n I revistrationdocument number in fil state OF
county under the laws of which the business entity is currently formed. organized or incorporated under in #2, and the entity's federal
employer identification mimber (EIN) in #3.
Ifthe Owner/Ap icant is ab
(1) Florida registration/document number:
(2) Domicile State or Country:
(3) Federal Employer Identification Number:
2. (a)
service, the mark
used in connection
tractor equipment, etc,
being rendered here:
Note:
jon with a type of
) the mark
ERVICE MARK: If the owner/applicant is using the name, logo, design and/or slogan being registered in conne
vice mark. If the mark is a service mark, the applicanYvowner must list the s
ith. For example: furniture moving sei diaper st house painting servic:
[the owner/applicant is using the mark to s
sLoniy those services currently being rendered by the owner/applicant. Do not include future services.
sales. installation, maintenance, service, repairs of fire protection, suppression and extinguishing equipment, recharge of fire extinguishers
including alarms and springklers and systems
Page Lof4*2.() EMARK: If the ownerfapplicant is using the name, jogo, design and/or slogan being registered in connection with an actual
product manufactured by the owner/applicant or on the owner/applicant’s behalf, the mark is a trademark. If the mark is a trademark, the
applicanvowner must list the specific product(s) the name, logo, design and/or slogan is being used to identi
sportswear, cat foad, barbecue grills, shoe laces, etc. If the ow! icant is usi design and/
vailabte in the market place, enter the specific product(s) the name, logo, desis
ify. For example: ladies
logan to identify goods
for slogan is bei ed to identify:
(Note: List only those product(s) currently available. Do not inciude future products.)
2. (c) HOW IS THE NAME, LOGO, DESIGN AND/OR SLOGAN CURRENTLY USED:
SERVICE MARKS: If the name, logo, design and/or slogan are/is being used in connection with a type of seivice, you must specify the
form(s)/mean(s) of advertisement the applicanVowner is using to advertise the services to the general public. For example: newspaper
advertisements, business cards, brochures, flyers, pamphlets, menus, ctc, If the mark is being used in connection with a type of service, state
how the name, logo, design and/or slogan are/is being used in advertising here:
business cards, newspaper, on all company vehicles, letterhead, website, electronic communications,
golf towels, gift baskets, appliques and labels on equipment sold, installed or serviced, shirts, all
promotional materials
TRADEMARKS: If the name, logo, design and/or slogan arec/is being used to identify a product manufactured by or fore the applicanvowner,
you must specify how the mark is applied or affixed to the actual product or its packaging, For example: a tag, label, imprinted or engraved on
the actual product, cic. Ifthe mark is being used in connection with a specific product, state how the name, design ai slogan is
or affixed to the actual product(s) or the packaging:
2. (d) FEE(S} AND CLASS(ES): There are a total of 45 classes or categories in which all products or services must be categorized. The
fee to register a mark is $87.50 per class. Make check payable to Florida Department of State.
List the class(es) which apply to the product(s F scrvic listed in 2(a) and/or 2(b) above:
37
Page 2 of 4PART HH
}. You must state the date the name, loge, design and/or slogan was first used in the state of Fi Jorida, and, if it was used in another state or
country, the date you first used the name, logo, design and/or slogan in the other state or country. tihe month, day, and year the name,
logo, desiyn and/or slogan was first used by the applicunvowner, the predevessor, or a related company in Florida, Ifthe naine, loo, desig
and/or slogan has been used in another staie or country, then vou must also enter the month, day, and year the name, logo, desien and/or
slogan was/were used in another state or country, when applicable,
Note: The Florida Statutes require a mark to be in use prior to registration, “4
(a) Date first used in other state or country. if applicable: _NW/A
(b) Date first used in Florida: August 1, 1986
PART HI
ENTER NAME, LOGO. DESIGN AND/OR SLOGAN BEING REGISTERED: .
1, Enter the name. a brief deseri tion of the togo or design. and/or the slogan you are registering. The he description of the logo and/or design
must be 25 words or less ¢ exact name, slogan, and/or description of the logordesign here: (N he name. loge, design andor
slogan listed in 1 tion must match the exact name, logo. design and/or slogan fisted on your specimens or examples.)
“FIRE” in large red letters with white flames on top of "FIRE" outlined in red: and “Equipment Services” in smailer black
letters beneath.
Provide the English wanslation of any and all temas listed 41 above, when applicable:
2. DISCLAIMER STATEMENT (if applicable)
Your mark may include a word or design that is commonly used by others. Commonly used terms or designs must be disclaimed, When
you disclaim a specific term or design, you are acknowledging this term is commonly used by others and that you do not claim the exclusive
right to use the disclaimed term or design. All geographical terms and representations of cities, states or countries must be disclaimed (Le.
Miami, Orlando, Florida. the design of the state of Florida, the design of the United States of America, ete.). Corporate suffixes and terms
readily associated with the specific product(s) and/or{s) service bemg provided must also be disclaimed.
Enter all terms listed in #1 abowe which require a disclaimer in the space provided below:
NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE THE TERM(S)" FIRE, EQUIPMENT, SERVICES
“APART FROM THE MARK AS SHOWN,
Page 2 of 43. ATTACH OR INCLUDE THREE SPECIMENS OR EXAMPLES OF THE TRADEMARK OR SERVICE MARK BEING
REGISTERED
Chapter 495. F.S., requires you to submit three specimens (samples or examples) of the mark in use. You must submit three specimens
FOR EACH. SS listed i é ‘The it
Zo, desi an_on thi ime! u identical to the
and/or sloy ing registered, You may provide three identical ‘imens or three different specimens. For each service mark class
(classes 35-45). you may provide three newspaper advertisements, business cards. brochures, flyers, or any combination thereof. For each
trademark class (classes 1-34). you may provide three tags. labels, boxes. etc. or any combination thereof. Photographs of bulky specimens
are acceptable if the mark being registered and the good(s) or product(s) are clearly legible.
SIGNATURE OF APPLICANT/OWNER AND NOTARIZATION:
4 Mel T. Folbrecht, Jr. being sworn, depose and say that | am the owner and the applicant
herein, or that | am authorized to sign on behalf of the owner and applicant herein, and to the best of my knowledge no other person
except a related compuny has registered this mark in this state or has the right to use such mark in Florida either in the identical form
thereof or in such near resemblance as to be likely, when applied to ure goods or services of such other person to cause confusion, to
cause mistake or to deceive. | make this affidavit and verification on my/the applicant's behalf, { further acknowledge that | have
read the application and know the contents thereof and that the facts stated herein are true and correct.
Mel T. Folbcecht, Jr.
= Typedior printed name of applicant .
V
MTT ca
Ne” ape nme al wile)
stateor _ FLORIDA
County or ST. LUCIE
Swom to and subscribed before me on this a. or October 29 Mel T. Folbrecht, Jr.
(Name of Individual Signing)
@ who is personally known to me ~— whose identity | proved on the basis of
Lone Nolawr, Todor. Jovan
Notary Public Signature
os
Ny
nll,
NORIR TA My
os
iS
dean
(Seal)
Notary’s Printed Name
*
“HH
MY
My Comunission Expires:
My
FILING FEE: $87.50 per class
Page 4 of 4
Preview
Filing # 127150677 E-Filed 05/19/2021 04:41:40 PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA MELVIN T. FOLBRECHT, JR., and FIRE DESIGN BY MEL, f/k/a FIRE EQUIPMENT CASE NO. 56-2021-CA-0722 SERVICES OF ST. LUCIE, INC. Plaintiffs, Vv. FIRE EQUIPMENT SERVICES OF FLORIDA, INC., and CAROL EGERS Defendants. / DEFENDANTS’ RESPONSE TO PLAINTIFFS’ MOTION FOR TEMPORARY INJUNCTION COMES NOW, Plaintiffs FIRE EQUIPMENT SERVICES OF FLORIDA, INC., and CAROL EGERS by and through their undersigned counsel and says in support thereof the following: 1. On or about March 31, 2008 Mel Folbrecht, Jr. and David Egers formed a for profit corporation, Smart Connect, Inc., and continued to operate as Smart Connect through 2011. Composite EXHIBIT 1 2. On or about April 4, 2012 Smart Connect filed with the Florida Division of Corporations, Articles of Amendment to the Articles of Incorporation of Smart Connect changing the name to Fire Equipment Services of Florida, Inc., and has continued to operate as Fire Equipment Services of Florida, Inc. through 2021. Composite EXHIBIT 2 3. The ownership of Smart Connect, Inc., and thereafter Fire Equipment Services of Florida, Inc., was 51% Egers the majority owner and 49% Folbrecht a minority owner.4. From 2008 on, the company operated under the name of Fire Equipment Services of Florida, Inc., with the logo that is at issue before the Court. 5. Defendants now assert that the use of the logo and name were under a verbal license which is inconsistent with the parties’ daily operations, and the termination of the verbal license would be a breach of Folbrecht’s fiduciary duty as a shareholder to Fire Equipment Services of Florida, Inc. 6. Plaintiffs filed an application for the Registration of a Trademark or Service Mark. As part of Plaintiffs’ application Part III, paragraph 2 Plaintiff listed the words “Fire”, “Equipment” and “Services” as words in common usage and therefore made no claim to the exclusive right to use these terms. EXHIBIT 3 REQUIREMENT FOR GRANTING TEMPORARY INJUNCTION “A party seeking temporary injunctive relief must demonstrate: (1) irreparable harm; (2) a clear legal right; (3) an inadequate remedy at law; and (4) that the public interest will be served.” Weinstein v. Aisenberg, 758 So. 2d 705, 706, (Fla. 4° DCA 2000); Biscayne Park, LLC y. Wal- Mart Stores East, LP, 34 So. 3d 24, (Fla. 3 DCA 2010); Dubner v. Ferraro, 242 So. 3d 444, 447, (Fla. 4° DCA 2018). There is an adequate remedy at law for monetary damages for plaintiffs’ alleged damages, therefore there is insufficient basis for injunctive relief. 758 So. 2d at 707. Plaintiffs’ complaint has failed to show there is no adequate remedy at law to justify an injunction. Plaintiffs make general allegations as to the damages suffered and allege future unqualified damages Plaintiff may suffer in the future but does not provide specific damages suffered. Yardley v, Albu, 826 So. 2d 467, 469, (Fla. 5 DCA 2002) outlined the requirements for an injunction stating, as stated in Weinstein, and further stated that “The issuance of a preliminary injunction is an extraordinary remedy which should be granted sparingly.” The Yardley Courtfurther references Fla. R. Civ. P. 1.610 holding that the intent of a temporary injunction is to preserve the status quo. 826 So. 2d at 471. The issuance of an injunction will not preserve the status quo, it would restrict Fire Equipment Services of Florida, Inc. from continued operation which would be a breach of the company’s and other shareholders’ breach of their fiduciary duty. Plaintiffs’ general allegations cite irreparable harm but do not indicate what irreparable harm they will suffer if the injunction is not entered, nor do they indicate their legal right to an injunction, and there is an adequate remedy at law for all monetary damages proven by Plaintiffs nor is the public interest served as it creates a legal conundrum. If the injunction is entered the company will have to change its name and include Folbrecht as a 49% owner in the new company with diminished ability to compete in the Fire market. In order for Plaintiffs to prevail, they must show a likelihood of success on the merits and that there is no adequate remedy at law. Plaintiffs have not provided sufficient facts to make a reasonable determination of Plaintiffs’ success or that there is no adequate remedy at law. Angelino y. Santa Barbara Enters., LLC, 2 So. 3d 1100, 1102, 1103, (Fla. 3°* DCA 2009). In the Angelino case, a dispute regarding infringement on business relationships similar to the case at bar was reviewed by the Court. Therein the Court held there was no mention of specifics upon Angelino could rely on to determine what information and technology he could not use. The Court held that such vague language cannot support an injunction. Therein the Court held ‘“{o]ne against whom an injunction is directed should not be left in doubt as to what [they are] required to do.” 2 So. 2d at 1103. The Biscayne Park Court followed the Weinstein court outlining the requirements for an injunction stating “The well-established requirements for the issuance of a temporary injunction are: (1) the likelihood of irreparable harm and the unavailability of an adequate remedy at law; (2)a substantial likelihood of success on the merits; (3) that the threatened injury to the petitioner outweighs any possible harm to respondent; (4) the entry of the injunction will not disserve the public interest....Moreover, a temporary injunction ‘should be granted only sparingly and only after the moving party has alleged and proved facts entitling it to relief.’” 34 So. 3d at 26, Citing Morgan v. Herff Jones, Inc., 883 So. 2d 309, 313 (Fla. 2°¢ DCA 2004). Plaintiffs’ allegations, without supporting documentation, of likelihood of irreparable harm are insufficient to support a motion for injunctive relief; there must be specific facts upon which the Court can make a determination. The Court further held at 34 So. 3d at 26 that “the granting of injunctive relief is improper when a plaintiff's right to recover is based upon a future event.” In the matter before the court Plaintiffs assert future harm as one of the compelling reasons for the issuance of an injunction. The Biscayne Park Court went on to say ‘”Irreparable injury will never be found where the injury complained of is doubtful, eventual, or contingent.’” Plaintiffs have not provided in their motion or supporting documents sufficient proof of their allegation upon which the Court can make a determination of irreparable injury. Florida Rules of Civil Procedure 1.610(a)(1)(A) requires the movant to provide specific facts that irreparable injury, loss or damage will result before the movant can be heard. Plaintiffs have not provided “specific facts” that prove irreparable harm therefore they have not complied with Fla. R. Civ. P 1.610. The analysis of the Weinstein and Biscayne Park, LLC, was followed in Miami-Dade County v. Concrete Structured, Inc., 114 So. 3d 333, 336, (Fla. 3° DCA 2013) wherein the Court stated the movant was obligated “to establish irreparable harm. The unavailability of an adequate remedy at law, a substantial likelihood of prevailing on the merits and that the injunction would serve the public interest.” Plaintiffs herein only make unsupported allegations of irreparable harmwithout specificity, nor do they proffer how they intend to prevail. This in light of the words that make up the company name being specifically disclaimed in Plaintiffs Application for Registration of a Trademark or Service Mark wherein Plaintiffs are not seeking the exclusive right to use the terms Fire, Equipment, Services, EXHIBIT 3. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Appearance and Designation of Email Address has been furnished via the Florida Courts E-Filing Portal to Robert J. Gorman & Associates, P.A., Robert J. Gorman, Esquire, attorney for Plaintiff, at bob@rjgpa.com: coni@rjgpa.com and courtdocs@rijpa.com on this 19" day of May 2021. /s/ Shaun T. Plymale, Esq. Shaun T. Plymale, Esq. Florida Bar No.: 0247390 Gerald F. Herrmann Florida Bar No.: 368768 SPlymale@TreasureCoastLegal.com EWatson@TreasureCoastLegal.com Litigation@TreasureCoastLegal.com Attorneys for Defendant Treasure Coast Legal 100 SW Albany Avenue, Suite 310 Stuart, FL 34994 (772) 283-2626 telephone (772) 283-6262 facsimileEXHIBIT FILED 2008 FOR PROFIT CORPORATION Mar 31, 2008 08:00 A. ANNUAL REPORT , 200 A DOCUMENT # P05000010349 Secretary of State SMART CONNECT, INC. Principa’ Place of Susiness Maing Adaress 434 NORTH 7TH ST 434 NORTH 7TH ST FT, PIERCE, Fl. 34950 FT, PIERCE, FL 34950 IO ‘| 03272008 No Chg-P CR2E034 (11/05) 4. FEI Number - ‘Applied For 52-2450141 Not Applicable $8.75 Additional 5. Cerfiteate of StausDesred =] Roa tivea ‘6. Namo and Address of Currant Registered Agent FOLBRECHT, MELVIN T 434 NORTH 7TH ST FT. PIERCE, FL 34950 @. The above named ently submis ns staiemont for the purpose of changing Its registered office or registered agent or both. m ihe Slate of Florida. | am farular with, ang accep! the obiigations of registeres agent. SIGNATURE. Tones yiada breed named ayaeed apr andi Fepoieaoe THOTE RegaeTea Age SRE OED IRON STRSIOD) ane FILE NOWII! FEE 1S $150.00 8, Election Campaign Financing $5.00 May 30 After May 1, 2008 Feo will be $550.00 Trust Fund Centnbution Added to Fess UNONANBTS107 09-80019 13. OFFICERS ANO DIRECTORS: . WUE POT MANE: FOLBRECHT, MEL JR svmee1 agoaess | 434 NORTH 7TH ST. CV-S1-2F FT. PIERCE, FL 34950 TITLE DVPS NAME, EGERS, DAVID sinéet apaniss | 3784 SW QUAIL MEADOW RAIL-C aiv-st-2e__| PALM CITY, FL_34950 whe NAME STREET ADRESS cy-st-2P me NAME ‘STREET ADDRESS ony. s1-2? me NaNE, ‘STREET ADDRESS ony-st-2P Te WANE ‘STREET ADDRESS cay-si-2P BEE: : bie A Bieg i 42. {hereby comnly that the information supplied with this fling does not quality for the exemptions contained in Chapter 119 Fionca Statutes. | further certify inal the information ingicated on thus report or supple meni ig true and accurate and that my signature shall have the same legal effect as if made under oath: thal | am an officer or director ‘of the corporation of the rec iad by Chaplet 607, Flotida Statutes. and that my name appears in Block 10 or Block 11 tt changes, oF on an atta SIGNATURE: £ dice erpp eTBEule this report as eg, ike empowered2009 FOR PROFIT CORPORATION ANNUAL REPORT ED 09 Apr 30, DOCUMENT# P05000010349 secretary a State Entity Name: SMART CONNECT, INC. Current Principal Place of Business: New Principal Place of Business: 434 NORTH 7TH ST FT, PIERCE, FL 34950 Current Mailing Address: New Mailing Address: 434 NORTH 7TH ST. FT. PIERCE, FL 34950 FEI Number: 52-2450141 FEI Number Applied For ( ) FEI Number Not Applicable ( ) Certificate of Status Desired ( ) Name and Address of Current Registered Agent: Name and Address of New Registered Agent: FOLBRECHT, MELVIN T 434 NORTH 7TH ST FT. PIERCE, FL 34950 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Election Campaign Financing Trust Fund Contribution ( ). OFFICERS AND DIRECTORS: ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS: Title: PDT () Delete Title: PST (X) Change ( ) Addition Name: FOLBRECHT, MEL JR Name: FOLBRECHT, MEL JR Address: 434 NORTH 7TH ST. Address: 434 NORTH 7TH ST. City-St-Zip: FT. PIERCE, FL 34950 City-St-Zip: FT. PIERCE, Ft 34950 Title: OvPs ( ) Delete Title: vp (0) Change ( } Addition Name: EGERS, DAVID Name: EGERS, CAROL MRS Address: 3784 SW QUAIL MEADOW RAIL-C Address: 3784 SW QUAIL MEADOW RAIL-C City-St-Zip: PALM CITY, FL 34950 City-St-Zip: PALMCITY, FL 34950 | hereby certify that the information supplied with this filing does not qualify for the exemption stated in Chapter 119, Florida Statutes. | further certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that | am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with an address, with all other like empowered. SIGNATURE: MELVIN T, FOLBRECHT JR. PTS 04/30/2009 Electronic Signature of Signing Officer or Director Date2010 FOR PROFIT CORPORATION ANNUAL REPORT FILED May 12, 2010 DOCUMENT# P05000010349 Secretary of State Entity Name: SMART CONNECT, INC. Current Principal Place of Business: New Principal Place of Business: 434 NORTH 7TH ST FT. PIERCE, FL 34950 Current Mailing Address: New Mailing Address: 434 NORTH 7TH ST FT. PIERCE, FL 34950 FEI Number: 52-2450141 FEI Number Applied For ( ) FEI Number Not Applicable ( ) Certificate of Status Desired ( ) Name and Address of Current Registered Agent: Name and Address of New Registered Agent: FOLBRECHT, MELVIN T 434 NORTH 7TH ST FT. PIERCE, FL 34950 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date In accordance with s. 607.193(2)(b), F.S., the corporation did not receive the prior notice. Election Campaign Financing Trust Fund Contribution ( ). OFFICERS AND DIRECTORS: Title. PST Name: FOLBRECHT, MEL JR Address: 434 NORTH 7TH ST. City-St-Zip: FT. PIERCE, FL 34950 Title: vP Name: EGERS, CAROL MRS Address: 3784 SW QUAIL MEADOW RAIL-C City-St-Zip: PALM CITY, FL 34950 | hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that | am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other sike empowered. SIGNATURE: MELVIN T. FOLBRECHT JR. PRES 05/12/2010 Electronic Signature of Signing Officer or Director Date2011 FOR PROFIT CORPORATION ANNUAL REPORT FILED Apr 29, 2011 DOCUMENT# P05000010349 Secretary of State Entity Name: SMART CONNECT, INC. Current Principal Place of Business: New Principal Place of Business: 434 NORTH 7TH ST FT. PIERCE, FL 34950 Current Mailing Address: New Mailing Address: 434 NORTH 7TH ST FT. PIERCE, FL 34950 FEI Number: 52-2450141 FEI Number Applied For ( ) FEI Number Not Applicable ( ) Certificate of Status Desired ( ) Name and Address of Current Registered Agent: Name and Address of New Registered Agent: FOLBRECHT, MELVIN T FOLBRECHT, MELVIN T JR 434 NORTH 7TH ST 434 NORTH 7TH ST FT. PIERCE, FL 34950 US FT. PIERCE, FL 34950 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: MELVIN T. FOLBRECHT JR 04/29/2011 Electronic Signature of Registered Agent Date OFFICERS AND DIRECTORS: Title: PST Name: FOLBRECHT, MEL T JR Address: 434 NORTH 7TH ST. City-St-Zip: FT. PIERCE, FL 34950 Title: vP Name: EGERS, CAROL MRS. Address: 2668 SW GREENWICH WAY City-St-Zip: PALM CITY, FL 34990 US | hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that | am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes, and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: MELVIN T. FOLBRECHT JR. PST 04/29/2011 Electronic Signature of Signing Officer or Director Datejorida Department of State Division of Corporations Electronic Filing ( Cover Sheet Fax sent by Dixision of C i 1 Note: Please print this page ond use it as a cover sheet. Type the fax audit number (shown below) on the top and hotlom of all pages of the document. ((H12000087656 3))) HANA Note: DO NOT hit the REFRESH/RELOAD button on your browser from this page. Doing so will generate another cover sheet. To: Division ot Corporations Pax Number : (850) 617-6380 Account Name + APL PROCESSLNG 2 720770000069 Account Number = + (954) 567-0013 From: Phone. Fax Number 3 (954)567-3401 = Be —_ ces **Enler Lhe email address Cor Lhis business entity to he usec for future z 5 annual report mailings. Eater only one email addrass please.** Ba ‘ i Email Address: kathy@apiprocessing.com o : 2m se eae ST 2 2 go COR AMND/RESTATE/CORRECT OR O/D RESIGN SMART CONNECT, ENC. M02 70 dav Help Corporate Filing Menu Electronic Filing Menu ‘ ConesFax sent by : 9545673401 : API 4-84-12 12:27p Pg: 2/45 : H12000087656 3 sn —— Page 2 of 5 April 4, 2012 Articles of Amendment « © Articles of Incerporation of Smart acute Inc. **P05000010349 ‘ (Document Number of Corporation (if known) Pursuant to the provisions of section 607.1006, l'lorida Starutes, this Florida Profit Corporation adopts the following amendment(s) to its Articles of Incorporation: A. [amending name, enter the new name of the corporation; Fire Equipment Services of Florida, Inc. The new nume mst be distinguishable and contain the word “corporation,” “company,” or “incorporated” or the abbreviation “Corp.” “Inc.” or Co.,” or the designation “Corp,” “Inc,” or “Ca”. A professional corporation name must contain the word “chartered,” “professional association,” or the abbreviation “P.A.”" | B. Enter sew principal office address, if applicable: (Principal office atdress MUST BE A STREET ADDRESS ) C. Enter new mailing address if apolicable; (Mailing address MAY BE A POST OFFICE BOX) (Florida street adress) New Reyistered Office Address: Florida, Chy} (Zip Code) New Registered Agent's Signature, If changing Registeresl Agent: 4 Thereby accept the appointment as registered agent. 1 am familiar with and accept the obligations of the position. Signature of New Registered Agent, if changing 92:8 BY AH dd¥ 2b Page LoféFax sent by : 9545673481 APE 64-04-12 12:27p Pg: 3/5 HY2Q00087656 3 Page 3 of 5 April 45. 2012 —_ - If amending the Officers and/or Directors, enter the title and name of each officer/director being removed aad title, amc, and address of each Officer and/or Director being added: (Attach additional sheets, if necessary) Please note the officer/director title by the first letter of the office title: P — President; V= Vice President; t= Treasurer; S- Secretary; D- Director; TR= Trustee: C — Chairman or Clerk; CEQ Chief Frecutive Officer; CO ~ Chief Financial Officer. If an officer/director holds more than one title, list the first letter of each office Aeid. President, Treasurer, Director would be PTD. Changes should be noted in the following manner, Currently John Doe is listed as the PST und Mike Jones is Usted as the V. There is a change, Mike Jones leaves the corporation, Sally Smith is named the V and S. These should be noted as John Doe, PT as a Change, Mike Jones, V as Remove, and Sally Smith, SV as an Add. Example: XChange Pr gh Doe X Remove fe Mike Jones —X Ada Sally Smith Name Type of Action Tie Address (Check One) { 1) ___ Change Add | i Remove 2) ___ Change —— Add Remove 3) Change Add Remove 4) Change Add Remove 5) _— Change Add Remove ————— 6) ___ Change ____ Add Remove Page 2 of 4 H12000087656 3Fax sent by : 9545673401 API 84-04-12 12:27p Pg: 445 — . H12000087656 3 Page 4 of 5 E. If i q chan, April 4, 2012 Radio shee ifnecessary). (Be specific) ¥. Man amendment provides for an exchange, reelassifieation, or cancellation of ists shares, rovisions for. lomen: amendment, (if not applicable, indicate N/A) H12000087656 3 Page3 of 4Fax sent by +: 9545673401 API 04-84-12 12:27p Pg: 22000087656 3 Page 5 of 5 aprilé4, 2012 Te date ofeach smendment(s) adaption: APH 3, 2012 Effective date if apptispble: {no more than 90 days after amendment file date) Adoption of Ameadment(s} (CHECK ONE) 1 The smendment{s) was/were adoptes by the shareholders. The number of vores ogst for the amendment(s) by the shareholders wae/were sufficient for approval. TD Tic amencnient(s} was/were approved by the sharcholiers through voting groups. Tine following stasemant wrest be separately provided for each voting group énililed ta vote separately on the amendrmednt(s): “The number of votes cast for the amendment(s} was/were sufficient for approval by ” (voting group) © The amendmens(s) was/were adopted by the boatd of directors without shareholder action und shareholder 2 The umendinemt{s) was/were adopted by the incorporators without shareholder action and sharchokder ‘ction was not required, * pwwad Sos | 18. Signature / Gust gd. bere (By a director, president or other officer ~ if directors o1 officers have not heen stlected, by an incorporstor — if in the hands of # receiver, trustee, or other court appointed fiduciary hy that fiductary) Carol A. Egers (Typed or primed name of persoo signing) President (Title of person signing} 412000087656 3 Page dofd2012 FOR PROFIT CORPORATION ANNUAL REPORT FILED Apr 30, 2012 DOCUMENT# P05000010349 Secretary of State Entity Name: FIRE EQUIPMENT SERVICES OF FLORIDA, INC. Current Principal Place of Business: New Principal Place of Business: 434 NORTH 7TH ST FT. PIERCE, FL 34950 Current Mailing Address: New Mailing Address: 434 NORTH 7TH ST FT. PIERCE, FL 34950 FEt Number: 52-2450144 FEI Nurnber Applied For ( ) FE! Number Not Applicable { ) Certificate of Status Desired ( ) Name and Address of Current Registered Agent: Name and Address of New Registered Agent: FOLBRECHT, MELVIN T JR. 434 NORTH 7TH ST FT, PIERCE, FL 34950 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida SIGNATURE: Electronic Signature of Registered Agent Date OFFICERS AND DIRECTORS: Tite: ves Name: FOLBRECHT, MEL T JR Address: 434 NORTH 7TH ST. City-St-Zip: FT. PIERCE, FL 34950 Title: PT Name: EGERS, CAROL AMRS Address: 2668 SW GREENWICH WAY City-St-Zip: PALM CITY, FL 34990 US | hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath, that | am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or onan attachment with all other like empowered. SIGNATURE: CAROL A. EGERS P 04/30/2012 Electronic Signature of Signing Officer or Director DateIDA RT FILED DOCUMENT# P05000010349 5 Apr 22, 2013 : EQUIPMI ; ecretary of State Entity Name: FIRE EQUIPMENT SERVICES OF FLORIDA, INC. CC5023222055 Current Principal Place of Business: 434 NORTH 7TH ST FT. PIERCE, FL 34950 Current Mailing Address: 434 NORTH 7TH ST FT. PIERCE, FL 34950 FEI Number: 52-2450141 Certificate of Status Desired: No Name and Address of Current Registered Agent: EGERS, CAROL 434 NORTH 7TH ST FT. PIERCE, FL 34950 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: CAROL EGERS 04/22/2013 Electronic Signature of Registered Agent Date Officer/Director Detail : Title ves Title PT Name FOLBRECHT, MEL TJR Name EGERS, CAROL AMRS. Address 434 NORTH 7TH ST. Address 2668 SW GREENWICH WAY City-State-Zip: FT. PIERCE FL 34950 City-State-Zip: PALM CITY FL 34990 | hereby cortity that the information indicated on this ceport ar supplemental report is true and accurate and that my electronic signature shall have the same legal offect as if made under oath; that | am an officer or director of the corporation or the receiver or trustee empowered fo execute this report as required by Chapter 607, Florida Statutes: and that my name appears above, or on an attachment with all other ike empowered. SIGNATURE: CAROL EGERS PRESIDENT 04/22/2013 Electronic Signature of Signing Officer/Director Detail DateRID, L RI FILED DOCUMENT# P05000010349 Mar 20, 2014 : Secretary of State Entity N: : FIR IPMENT SERVICES OF FI , . ni Jame: E EQUI LORIDA, INC. c9845326069 Current Principal Place of Business: 434 NORTH 7TH ST FT. PIERCE, FL 34950 Current Mailing Address: 434 NORTH 7TH ST FT. PIERCE, FL 34950 FEI Number: 52-2450141 Certificate of Status Desired: No Name and Address of Current Registered Agent: EGERS, CAROL 434 NORTH 7TH ST FT. PIERCE, FL 34950 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Fiorida. SIGNATURE: CAROL EGERS 03/20/2014 Electronic Signature of Registered Agent Date Officer/Director Detail : Title ves Title PT Name FOLBRECHT, MEL TJR Name EGERS, CAROL A Address 434 NORTH 7TH ST. Address 2688 SW GREENWICH WAY City-State-Zip: FT. PIERCE FL 34950 City-State-Zip: PALM CITY FL 34990 | horeby certify that the information indicated on this report or supplemental report is tue and accurate and that my electronic signature shall have the same legal effect as if made under ‘oath; that ! am an officer or director of the corporation or the receiver or trustee empowered fo execute this report as required by Chapter 607, Florida Statutes; and that my name appears ‘above, or on an attachment with all other like empowsred. SIGNATURE: CAROL EGERS PRESIDENT 03/20/2014 Electronic Signature of Signing Officer/Director Detail Date2015 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# P05000010349 Apr 29, 2015 : Secretary of State it : IT F FLORIDA, INC. Entity Name: FIRE EQUIPMENT SERVICES OF FLORIDA, INC. 5948857101 Current Principal Place of Business: 434 NORTH 7TH ST FT. PIERCE, FL 34950 Current Mailing Address: 434 NORTH 7TH ST FT. PIERCE, FL 34950 FEI Number: 52-2450141 Certificate of Status Desired: Yes Name and Address of Current Registered Agent: EGERS, CAROL 434 NORTH 7TH ST FT. PIERCE, FL 34950 US. The above named entity submits this statement for the purpose of changing its registered office or registered agent, or bath, in the State of Florida. SIGNATURE: CAROL EGERS 04/29/2015 Electronic Signature of Registered Agent Date Officer/Director Detail : Title ves Title PT Name FOLBRECHT, MEL TJR Name EGERS, CAROL A Address, 434 NORTH 7TH ST. Address 2668 SW GREENWICH WAY City-State-Zip: FT. PIERCE FL 34950 Gity-State-Zip:_ PALM CITY FL 34990 | hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal offoct as if made under ‘oath, that | am an officer or director of the comporation or the receiver or trustee empowered to execute this report as required by Chapter 807, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: CAROL EGERS PRESIDENT 04/29/2015 Electronic Signature of Signing Officer/Director Detail DateFIT CORI RT FILED DOCUMENT# P05000010349 Jan 22, 2016 7 Secretary of State : FIRE E INC. Entity Name: FIRE EQUIPMENT SERVICES OF FLORIDA, INC cco027060589 Current Principal Place of Business: 434 NORTH 7TH ST FT. PIERCE, FL 34950 Current Mailing Address: 434 NORTH 7TH ST FT, PIERCE, FL 34950 FEI Number: 52-2450141 Certificate of Status Desired: No Name and Address of Current Registered Agent: EGERS, CAROL 434 NORTH 7TH ST FT. PIERCE, FL 34950 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: CAROL EGERS 01/22/2016 Electronic Signature of Registered Agent Date Officer/Director Detail : Title ves Title PT Name FOLBRECHT, MEL TJR Name EGERS, CAROL A Address 434 NORTH 7TH ST. Address 2668 SW GREENWICH WAY City-State-Zip: FT. PIERCE FL 34950 City-State-Zip: PALM CITY FL 34990 | neraby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shail have the same legal effect as if mace under oath; that | am an officer or director of tha corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name enpeers above, or on an attachment with all other like empowered. SIGNATURE: CAROL EGERS PRESIDENT 01/22/2016 Electronic Signature of Signing Officer/Director Detail DateAP! TION ANNUAL REPORT FILED DOCUMENT# P05000010349 Feb 10, 2017 7 Secretary of State 3 EQUIPME! RIDA, INC. Entity Name: FIRE EQU NT SERVICES OF FLORID: C. 05554698286 Current Principal Place of Business: 434 NORTH 7TH ST FT. PIERCE, FL 34950 Current Mailing Address: 434 NORTH 7TH ST FT. PIERCE, FL 34950 FEI Number: 52-2450141 Certificate of Status Desired: No Name and Address of Current Registered Agent: EGERS, CAROL 434 NORTH 7TH ST FT. PIERCE, FL 34950 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: CAROL EGERS 02/10/2017 Electronic Signature of Registered Agent Date Officer/Director Detail : Title ves Title PT Name FOLBRECHT, MEL TJR Name EGERS, CAROL A Address 434 NORTH 7TH ST. Address 2668 SW GREENWICH WAY City-State-Zip: FT. PIERCE FL 34950 City-State-Zip: PALM CITY FL 34990 | hereby certity thet the information indicated on this report or supplemental report is true and accurate end that my electronic signature shall have the same legal effect as if made under ‘oath; that ! am an officer ar diractor of the corporation or the receiver or trustee empowered to exocute this report as required by Chapter 607, Florida Stetutes, and that my name appears ‘above, or on an attachment with all other tke empowered. SIGNATURE: CAROL EGERS PRESIDENT 02/10/2017 Electronic Signature of Signing Officer/Director Detail DatePROFIT CORPORATI PORT FILED DOCUMENT# P05000010349 Apr 25, 2018 : Secretary of State ; FIRE EQUIPME RVICES OF FLORIDA, INC. Entity Name: FI Qi NT SERVICES INC. CC17331462 Current Principal Place of Business: 434 NORTH 7TH ST FT. PIERCE, FL 34950 Current Mailing Address: 434 NORTH 7TH ST FT. PIERCE, FL 34950 FEI Number: 52-2450141 Certificate of Status Desired: No Name and Address of Current Registered Agent: EGERS, CAROL 434 NORTH 7TH ST FT. PIERCE, FL 34950 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: CAROL EGERS 04/25/2018 Electronic Signature of Registered Agent Date Officer/Director Detail : Title ves Title PT Name FOLBRECHT, MEL TJR Name EGERS, CAROL A Address 434 NORTH 7TH ST. Address 2668 SW GREENWICH WAY City-State-Zip:_ FT. PIERCE FL 34950 City-State-Zip: PALM CITY FL 34990 | hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic shail have the same legal effect as if made under signature ‘oath; that | am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes, and that my name appears ‘above, or on an attachment with ail other fke empowered. SIGNATURE: CAROL EGERS PRESIDENT 04/25/2018 Electronic Signature of Signing Officer/Director Detail Date0: FIT CORPORATION ANN: FILED DOCUMENT# P05000010349 May 15, 2019 . Secretary of State Entity N. : FIRE EQUIPMENT SERVICES OF FLORIDA, INC. et 1816403041CC Current Principal Place of Business: 434 NORTH 7TH ST FT. PIERCE, FL 34950 Current Mailing Address: 859 SOUTH KINGS HWY FT. PIERCE, FL 34945 US FEI Number: 52-2450141 Certificate of Status Desired: No Name and Address of Current Registered Agent: EGERS, CAROL 434 NORTH 7TH ST FT. PIERCE, FL 34950 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: CAROL EGERS 05/15/2019 Electronic Signature of Registered Agent Date Officer/Director Detail : Title ves Title PT Name FOLBRECHT, MEL TJR Name EGERS, CAROL A Address 434 NORTH 7TH ST. Address 2668 SW GREENWICH WAY City-State-Zip:_ FT. PIERCE FL 34950 City-State-Zip: PALM CITY FL 34990 | hereby certify that the infarmaticn indicated an this report or supplemental report is true and accurate and that my electronic ‘shail have the same jege! effect as if made under signature. ‘oath; that ! am an officer or director of the corporation or the receiver or trustee empowered fo execute this report as required by Chapter 607, Flaride Statutes, and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: CAROL EGERS PRESIDENT 05/15/2019 Electronic Signature of Signing Officer/Director Detail Date2020 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# P05000010349 Mar 20, 2020 . Secretary of State ; FIRE EQUIPMENT SERVI FLORIDA, INC. Entity Name QU ICES OF FLO! IC. 9684102996CC Current Principal Place of Business: 434 NORTH 7TH ST FT. PIERCE, FL 34950 Current Mailing Address: 859 SOUTH KINGS HWY FT. PIERCE, FL 34945 US FE! Number: 52-2450141 Certificate of Status Desired: No Name and Address of Current Registered Agent: EGERS, CAROL 434 NORTH 7TH ST FT. PIERCE, FL 34950 US. The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: CAROL EGERS 03/20/2020 Electronic Signature of Registered Agent Date Officer/Director Detail : Title ves Title PT Name FOLBRECHT, MEL TJR Name EGERS, CAROL A Address 434 NORTH 7TH ST. Address 2668 SW GREENWICH WAY City-State-Zip: FT. PIERCE FL 34950 City-State-Zip: PALM CITY FL 34990 | hereby certity that the information indicated on this report or supplemental report is trie and accurete and that my electronic signature shall have the same legal effect as if made under ‘oath; that ! am an officer or director of the corporation or the recelver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all ather like empowered. SIGNATURE: CAROL EGERS PRESIDENT 03/20/2020 Electronic Signature of Signing Officer/Director Detail Date2021 FLORIDA PROFIT CORPORATION ANNUAL REPORT FILED DOCUMENT# P05000010349 Jan 29, 2021 . Secretary of State ‘ity Ni : FIRE EQUIPMEN , INC. Entity Name: Q' [T SERVICES OF FLORIDA, INC. 2659853570CC Current Principal Place of Business: 859 SOUTH KINGS HWY. FORT PIERCE, FL 34945 Current Mailing Address: 859 SOUTH KINGS HWY FT. PIERCE, FL 34945 US FEI Number: 52-2450141 Certificate of Status Desired: Yes Name and Address of Current Registered Agent: EGERS, CAROL 859 SOUTH KINGS HWY. FORT PIERCE, FL 34945 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: CAROL EGERS 01/29/2021 Electronic Signature of Registered Agent Date Officer/Director Detail : Title VPS Title PT Name FOLBRECHT, MEL TJR Name EGERS, CAROL A Address 434 NORTH 7TH ST. Address 2668 SW GREENWICH WAY City-State-Zip: FT. PIERCE FL 34950 City-State-Zip: PALM CITY FL 34990 | hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shat! have the same lagal effect as if made under ‘oath: that ! am an officer or director of the corporation or the receiver or trustee empowered fo execute this report as required by Chapter 607, Florida Statutes; and that my name appears above, or on an attachment with all other ike empowered. SIGNATURE: CAROL EGERS PRESIDENT 01/29/2021 Electronic Signature of Signing Officer/Director Detail DateT1700000/264 (Address) | | — 100336642191 (City/State/Zip/Phone #) Oleckup [war ( mai VSL "LUE UE FS (Business Entity Name) (Document Number) Certified Copies Certificates of Status od my oO Special Instructions to Filing Officer: Office Use Onty EXHIBIT %. SALY NOV 7 1015 | 3COVER LETTER TO: Registration Section Division of Corporations “FIRE in large red tetters with white flames on lope of *FIRE* outiros in rea; and “Equipment Services’ in smater black lofiers beneath SUBJECT: (Mark to be registered) The enclosed Trademark/Service Mark Application, specimens and fee(s) are submitted for filing. Please return all correspondence concerning this matter to the following: Robert J. Gorman, Esquire (Name of Person) Robert J. Gorman & Associates, P.A. (Firm/Company) 1209 Delaware Avenue (Address) Fort Pierce, FL 34950 (City/State and Zip Cade) For further information concerning this matter, please call: Robert J. Gorman, Esq. 772 465-5311 (Name of Person) (Area Code & Daytime Telephone Number) MAILING ADDRESS: STREET/COURIER ADDRESS: Registration Section Registration Section Division of Corporations Division of Corporations P.O, Box 6327 Clifton Building Tallahassee, FL 32314 2661 Executive Center Circle Tallahassee. FL 32301 (NOTE: The information contained in this cover letter will be included in the permanent record and will be available to the general public.)APPLICATION FOR THE REGISTRATI PURSUANT TO CHAPTER 495. N OF A TRADEM: ORIDA STATUTE! TO: ivision of Corporations Post Office Box 6327 Tallahassee, FL 32314 PARTE 1, OWNER/APPLICANT: Enter the name and address of the individual of the business entity to be listed as the owner of the Trademark and/or Service Mark on the records of the Florida Department of State. (a) OwnervApplicans ame MEL T. FOLBRECHT, JR. {b) Owner's/Applicant’s business address: 434 North 7th Street Fort Pierce, FL 34950 ‘oad 7900 Picos Roa Fort Pierce, FL 3494 if different, Owner’s/Applicant’s mailing address: City/State/Zip (c} Owner’s/Applicant’s telephone number: ( 7 72 ) 4 6 1 -6 84 5 Check the appropriate box to indicate the Owner/Applicant is a(n): Individual Q Comoration QSoint Venture GO Limited Liability Company O General Pannership O Limited Partnership QUnion D Other: registration on file with the Florida Department of Sta. [f the Owner/Applicant n I revistrationdocument number in fil state OF county under the laws of which the business entity is currently formed. organized or incorporated under in #2, and the entity's federal employer identification mimber (EIN) in #3. Ifthe Owner/Ap icant is ab (1) Florida registration/document number: (2) Domicile State or Country: (3) Federal Employer Identification Number: 2. (a) service, the mark used in connection tractor equipment, etc, being rendered here: Note: jon with a type of ) the mark ERVICE MARK: If the owner/applicant is using the name, logo, design and/or slogan being registered in conne vice mark. If the mark is a service mark, the applicanYvowner must list the s ith. For example: furniture moving sei diaper st house painting servic: [the owner/applicant is using the mark to s sLoniy those services currently being rendered by the owner/applicant. Do not include future services. sales. installation, maintenance, service, repairs of fire protection, suppression and extinguishing equipment, recharge of fire extinguishers including alarms and springklers and systems Page Lof4*2.() EMARK: If the ownerfapplicant is using the name, jogo, design and/or slogan being registered in connection with an actual product manufactured by the owner/applicant or on the owner/applicant’s behalf, the mark is a trademark. If the mark is a trademark, the applicanvowner must list the specific product(s) the name, logo, design and/or slogan is being used to identi sportswear, cat foad, barbecue grills, shoe laces, etc. If the ow! icant is usi design and/ vailabte in the market place, enter the specific product(s) the name, logo, desis ify. For example: ladies logan to identify goods for slogan is bei ed to identify: (Note: List only those product(s) currently available. Do not inciude future products.) 2. (c) HOW IS THE NAME, LOGO, DESIGN AND/OR SLOGAN CURRENTLY USED: SERVICE MARKS: If the name, logo, design and/or slogan are/is being used in connection with a type of seivice, you must specify the form(s)/mean(s) of advertisement the applicanVowner is using to advertise the services to the general public. For example: newspaper advertisements, business cards, brochures, flyers, pamphlets, menus, ctc, If the mark is being used in connection with a type of service, state how the name, logo, design and/or slogan are/is being used in advertising here: business cards, newspaper, on all company vehicles, letterhead, website, electronic communications, golf towels, gift baskets, appliques and labels on equipment sold, installed or serviced, shirts, all promotional materials TRADEMARKS: If the name, logo, design and/or slogan arec/is being used to identify a product manufactured by or fore the applicanvowner, you must specify how the mark is applied or affixed to the actual product or its packaging, For example: a tag, label, imprinted or engraved on the actual product, cic. Ifthe mark is being used in connection with a specific product, state how the name, design ai slogan is or affixed to the actual product(s) or the packaging: 2. (d) FEE(S} AND CLASS(ES): There are a total of 45 classes or categories in which all products or services must be categorized. The fee to register a mark is $87.50 per class. Make check payable to Florida Department of State. List the class(es) which apply to the product(s F scrvic listed in 2(a) and/or 2(b) above: 37 Page 2 of 4PART HH }. You must state the date the name, loge, design and/or slogan was first used in the state of Fi Jorida, and, if it was used in another state or country, the date you first used the name, logo, design and/or slogan in the other state or country. tihe month, day, and year the name, logo, desiyn and/or slogan was first used by the applicunvowner, the predevessor, or a related company in Florida, Ifthe naine, loo, desig and/or slogan has been used in another staie or country, then vou must also enter the month, day, and year the name, logo, desien and/or slogan was/were used in another state or country, when applicable, Note: The Florida Statutes require a mark to be in use prior to registration, “4 (a) Date first used in other state or country. if applicable: _NW/A (b) Date first used in Florida: August 1, 1986 PART HI ENTER NAME, LOGO. DESIGN AND/OR SLOGAN BEING REGISTERED: . 1, Enter the name. a brief deseri tion of the togo or design. and/or the slogan you are registering. The he description of the logo and/or design must be 25 words or less ¢ exact name, slogan, and/or description of the logordesign here: (N he name. loge, design andor slogan listed in 1 tion must match the exact name, logo. design and/or slogan fisted on your specimens or examples.) “FIRE” in large red letters with white flames on top of "FIRE" outlined in red: and “Equipment Services” in smailer black letters beneath. Provide the English wanslation of any and all temas listed 41 above, when applicable: 2. DISCLAIMER STATEMENT (if applicable) Your mark may include a word or design that is commonly used by others. Commonly used terms or designs must be disclaimed, When you disclaim a specific term or design, you are acknowledging this term is commonly used by others and that you do not claim the exclusive right to use the disclaimed term or design. All geographical terms and representations of cities, states or countries must be disclaimed (Le. Miami, Orlando, Florida. the design of the state of Florida, the design of the United States of America, ete.). Corporate suffixes and terms readily associated with the specific product(s) and/or{s) service bemg provided must also be disclaimed. Enter all terms listed in #1 abowe which require a disclaimer in the space provided below: NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE THE TERM(S)" FIRE, EQUIPMENT, SERVICES “APART FROM THE MARK AS SHOWN, Page 2 of 43. ATTACH OR INCLUDE THREE SPECIMENS OR EXAMPLES OF THE TRADEMARK OR SERVICE MARK BEING REGISTERED Chapter 495. F.S., requires you to submit three specimens (samples or examples) of the mark in use. You must submit three specimens FOR EACH. SS listed i é ‘The it Zo, desi an_on thi ime! u identical to the and/or sloy ing registered, You may provide three identical ‘imens or three different specimens. For each service mark class (classes 35-45). you may provide three newspaper advertisements, business cards. brochures, flyers, or any combination thereof. For each trademark class (classes 1-34). you may provide three tags. labels, boxes. etc. or any combination thereof. Photographs of bulky specimens are acceptable if the mark being registered and the good(s) or product(s) are clearly legible. SIGNATURE OF APPLICANT/OWNER AND NOTARIZATION: 4 Mel T. Folbrecht, Jr. being sworn, depose and say that | am the owner and the applicant herein, or that | am authorized to sign on behalf of the owner and applicant herein, and to the best of my knowledge no other person except a related compuny has registered this mark in this state or has the right to use such mark in Florida either in the identical form thereof or in such near resemblance as to be likely, when applied to ure goods or services of such other person to cause confusion, to cause mistake or to deceive. | make this affidavit and verification on my/the applicant's behalf, { further acknowledge that | have read the application and know the contents thereof and that the facts stated herein are true and correct. Mel T. Folbcecht, Jr. = Typedior printed name of applicant . V MTT ca Ne” ape nme al wile) stateor _ FLORIDA County or ST. LUCIE Swom to and subscribed before me on this a. or October 29 Mel T. Folbrecht, Jr. (Name of Individual Signing) @ who is personally known to me ~— whose identity | proved on the basis of Lone Nolawr, Todor. Jovan Notary Public Signature os Ny nll, NORIR TA My os iS dean (Seal) Notary’s Printed Name * “HH MY My Comunission Expires: My FILING FEE: $87.50 per class Page 4 of 4