Memphis Made Brewing Co Trademark

Memphis Made Brewing Company, LLC (the “Debtor”) is reflected as the current owner
of that certain federally registered Trademark, being Ser. No. 88363328, Reg. No. 5884028 (the
“Trademark”) filed with the United States Patent & Trademark Office (“USPTO”) on March 29,
2019 and registered on October 15, 2025, which Trademark is reflected as being “Issued and
Active.”

James E. Bailey III, as the duly appointed and acting subchapter V trustee (the “Trustee”) has
sought and obtained approval for the sale of the Trademark in the case of In re Memphis Made
Brewing Company, LLC, Case No. 25-23931-mrh at Doc. No. 79 (the “Auction Order”). Pursuant
to the terms of the Trustee’s Motion to Sell Personal Property by Public Auction (the “Auction
Motion”) (Doc. No. 66) and the Auction Order, the Trademark and other assets of the Debtor to be
sold at auction are to be sold “as-is-where-is and with no warranties express or implied.” While
the Trustee believes that the Trademark is a validly registered, issued, and active trademark, he
makes no representations or warranties in respect of the Trademark.

Further, the Trustee notes that TENN. CODE ANN. § 57-5-512(c) provides that “[i]f a
particular brand or brands of beer are transferred by purchase or otherwise from one supplier to
another, the new supplier shall be bound by all terms and conditions of each agreement of the
previous supplier with respect to that brand or brands in effect on the date of the transfer as a
condition of continuing to sell that brand or brands in this state.” Accordingly, any prospective
purchaser of the Trademark should assess the effect of this statute, and any other applicable law,
as to potential limitations on uses of the Trademark.