Katz's Delicatessen v. Katz Delicatassen of Deerfield Beach

JS44C/SDNY REV. 4/2014

nw ,,., oi~ ~"" -'"' '"' ;o::~:~::::J:,4,. ""CY."' '"' ~~g"15 pleadmgs or other papers as requirad by law, except as provided by local rules of court. This form. approved by the Judicial Conference of the Unitad States in September 1974. is requirad for use of the Clerk of Court for the purpose of initiating the civil docket sheet 1tJN 1 2 2Q,14

PLAINTIFFS DEFENDANTS KATZ'S DELICATESSEN OF HOUSTON STREET, INC. PUMP-A-NICKEL CORPORATION INC. d/b/a KATZ'S DELl OF DEERFIELD

BEACH, CHARLES RE and JOHN DOES 1 THROUGH 5

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER ATTORNEYS (IF KNOWN) Marc Misthal of Gottlieb, Rackman & Reisman P.C. 270 Madison Avenue 8th Floor, New York, NY 10016 nTT'\f"T' f'IITIT'In'J Phone: 212-684-3900, Fax: 212-684-3999 ,JUI !~vi" '\' 1'11!' CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE;)

(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

15 U.S.C. 1051 et seq.

Has this action, case, or proceeding, or one essentially the same been previously filed in SONY at any time? NJZites C1udge Previously Assigned

If yes. was this case Vol. lnvoL Dismissed. No Yes If yes, give date __________ & Case No.---------

Is THIS AN INTERNATIONAL ARBITRATION CASE? No 0 Yes 0 (PLACE AN [x]IN ONE BOX ONLY)

CONTRACT

I 1110 [ ]120 [ ]130 I ]140 I J 1so

I I 151 1 ]152

I ]153

[ ]160

[ ]190

[ ]195

INSURANCE MARINE MILLER ACT NEGOTIABLE INSTRUMENT RECOVERY OF OVERPAYMENT & ENFORCEMENT OF JUDGMENT MEDICARE ACT RECOVERY OF DEFAULTED STUDENT LOANS (EXCL VETERANS) RECOVERY OF OVERPAYMENT OF VETERAN'S BENEFITS STOCKHOLDERS SUITS OTHER CONTRACT CONTRACT PRODUCT LIABILITY

[ ]196 FRANCHISE

REAL PROPERTY

[ ]210 LAND CONDEMNATION

[ ]220 FORECLOSURE I ]230 RENT LEASE &

EJECTMENT [ ]240 TORTS TO LAND { ]245 TORT PRODUCT

LIABILITY I ]290 ALL OTHER

REAL PROPERTY

TORTS

PERSONAL INJURY

[ ]310 AIRPLANE [ ]315 AIRPLANE PRODUCT

LIABILITY [ ]320 ASSAULT, LIBEL &

SLANDER ( ]330 FEDERAL

EMPLOYERS' LIABILITY

( ]340 MARINE ( ]345 MARINE PRODUCT

LIABILITY [ ]350 MOTOR VEHICLE [ ]355 MOTOR VEHICLE

PRODUCT LIABILITY ( ]360 OTHER PERSONAL

INJURY [ ]362 PERSONAL INJURY-

MED MALPRACTICE

ACTIONS UNDER STATUTES

CIVIL RIGHTS

( ]440 OTHER CIVIL RIGHTS (Non-Pnsoner)

[ ]441 VOTING [ ]442 EMPLOYMENT [ ]443 HOUSING/

ACCOMMODATIONS ( ] 445 AMERICANS WITH

DISABILITIES EMPLOYMENT

[ ] 446 AMERICANS WITH DISABILITIES -OTHER

[ ]448 EDUCATION

Check if demanded in complaint:

D CHECK IF THIS IS A CLASS ACTION UNDER F.RC.P. 23

NATURE OF SUIT

PERSONAL INJURY FORFEITURE/PENALTY [ ] 367 HEAL THCAREI PHARMACEUTICAL PERSONAL [ ]625 DRUG RELATED INJURY/PRODUCT LIABILITY SEIZURE OF PROPERTY [ ] 365 p~~~~~~~ I~!~LiTY 21 USC 881 [ ] 368 ASBESTOS PERSONAL [ ]ego OTHER

INJURY PRODUCT LIABILITY

PERSONAL PROPERTY

[ ]370 OTHER FRAUD [ ]371 TRUTH IN LENDING

[ ]380 OTHER PERSONAL PROPERTY DAMAGE

[ ] 365 PROPERTY DAMAGE PRODUCT LIABILITY

PRISONER PETITIONS [ ] 463 ALIEN DETAINEE [ ]510 MOTIONS TO

VACATE SENTENCE 28 usc 2255

[ ] 530 HABEAS CORPUS [ ] 535 DEATH PENALTY [ ] 540 MANDAMUS & OTHER

PRISONER CIVIL RIGHTS

[ ]550 CIVIL RIGHTS [ ] 555 PRISON CONDITION [ ] 560 CIVIL DETAINEE

LABOR

[]710 FAIR LABOR STANDARDS ACT

[ ] 720 LABORIMGMT RELATIONS

[ ]740 RAILWAY LABOR ACT [ ] 751 FAMILY MEDICAL LEAVE ACT (FMLA) [ ] 790 OTHER LABOR

LITIGATION [ )791 EMPL RET INC

SECURITY ACT

IMMIGRATION

[ ]462 NATURALIZATION APPLICATION

[ ]465 OTHER IMMIGRATION ACTIONS

CONDITIONS OF CONFINEMENT

ACTIONS UNDER STATUTES

BANKRUPTCY

[ ] 422 APPEAL 28 usc 158

[ ]423 WITHDRAWAL 28 usc 157

PROPERTY RIGHTS

[ ]820 COPYRIGHTS [ ] 830 PATENT [X] 840 TRADEMARK

SOCIAL SECURITY

[ ]861 HIA (139511) [ ] 862 BLACK LUNG (923) [ ] 863 DIWCIDIVWV (405(g)) [ ]864 SSID TITLE XVI [ ]865 RSI (405(g))

FEDERAL TAX SUITS

[ ]870 TAXES (U.S. Plaintiff or Defendant)

[ ]871 IRS-THIRD PARTY 26 usc 7609

OTHER STATUTES

I J 375 FALSE CLAIMS 400STATE REAPPORTIONMENT

[ ] 410 ANTITRUST [ ] 430 BANKS & BANKING [ ]450 COMMERCE [ ]460 DEPORTATION [ ]470 RACKETEER I NFLU-

ENCED & CORRUPT ORGANIZATION ACT (RICO)

[ ]480 CONSUMER CREDIT [ ]490 CABLE/SATELLITE TV

[ ] 850 SECURITIES/ COMMODITIES/ EXCHANGE

[ ]8900THERSTATUTORY ACTIONS

[ ]891 AGRICULTURAL ACTS

[ ]893 ENVIRONMENTAL MATTERS

[ J 895 FREECOM OF INFORMATION ACT

I J 896 ARBITRATION [ ] 899ADMINISTRATIVE

PROCEDURE ACT/REVIEW OR APPEAL OF AGENCY DECISION

[ ]950 CONSTITUTIONALITY OF STATE STATUTES

ffPsb?~T

UNITEDSTATESDISTRICTCOURT '14 cv 42 4 5~---FOR THE SOUTHERN DISTRICT OF NEW YORK

KATZ'S DELICATESSEN OF HOUSTON STREET, INC.,

Plaintiff,

-against-

1\~\\("~~ PUMP-A-NICKEL CORPORATION H'{J:s.JV\l~-~ . d/b/a KATZ'S DELI OF DEERFIELD BEACH, CHARLES RE and JOHN DOES 1 THROUGH 5

Defendants.

ECFCASE Civil Action No.

COMPLAINT

(PLACE AN x INONEBOXONLY) ~ 1 Original

Proceeding 0 2 Removed from 0 3

State Court 0 a. all parties represented

b. Atleast one party is prose.

Remanded from Appellate Court

ORIGIN 0 4 Reinstated or

Reopened 0 5 Transferred from

(Specify District) 6 Multidistrict

Litigation 0 7 Appeal to District

Judge from Magistrate Judge Judgment

!PLACE AN x IN ONE BOX ONLY) BASIS OF JURISDICTION 0 1 U.S. PLAINTIFF 0 2 U.S. DEFENDANT ~ 3 FEDERAL QUESTION 04 DIVERSITY

(U.S. NOT A PARTY)

IF DIVERSITY, INDICATE CITIZENSHIP BELOW.

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY) (Place an [X] in one box for Plaintiff and one box for Defendant)

PTF DEF CITIZEN OF THIS STATE

PTF DEF [ ]1 [ ]1 CITIZEN OR SUBJECT OF A

FOREIGN COUNTRY

PTF DEF []3[]3 INCORPORATED and PRINCIPAL PLACE [ ]5 [ ]5

OF BUSINESS IN ANOTHER STATE

CITIZEN OF ANOTHER STATE [ ]2 [ ]2 INCORPORATED or PRINCIPAL PLACE [ ]4 [ ]4 FOREIGN NATION [ 1 ~ [ ]6 OF BUSINESS IN THIS STATE

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

DEFENDANT(S) ADDRESS UNKNOWN REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN

RESI!;ENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Check one: THIS ACTION SHOULD BE ASSIGNED TO: 0 WHITE PLAINS (DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS

00 MANHATTAN COMPLAINT)

DATE 10{11-1 t/)l ~ SIGNATURE O'PT'Ji;!;'j. OYJ"5!RD RECEIPT# fffucu. ' 11~

ADMITTED TO PRACTICE IN THIS DISTRICT [I NO

[~ YES (DATE ADMITTED Mo. October Yr. 2000 Attorney Bar Code # MM6636

Magistrate Judge is to be designated by the Clerk of the W,. JfQ Wf'VAN Magistrate Judge------------------------- is so Designated.

Ruby J. Krajick. Clerk of Court by----- Deputy Clerk, DATED---------

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

Save

registrations and will continue to cause irreparable harm to the plaintiff's goodwill and reputation.

THE PARTIES

3. Plaintiff Katz's Delicatessen ofHouston Street, Inc. C'Plaintiff' or "Katz's")

is a corporation organized and existing under the laws of the State of New York with an office and

principal place of business at 205 E. Houston Street, New York, New York. Plaintiff operates

Katz's Deli at that location.

4. Upon information and belief, defendant Pump-A-Nickel Corporation Inc.

("PAN") is a corporation organized under the laws of the State of Florida, which operates a

restaurant under the business name "Katz's Delicatessen of Deerfield Beach" located at 1645 SE 3rd

Court, Deerfield Beach, Florida C'KD Restaurant").

5. Upon information and belief, defendant Charles Re ("Re") is a principal,

owner and controlling entity of defendant PAN, and is therefore responsible for the tortious acts of

PAN.

6. Plaintiff also believes that there are other persons that are involved in the

infringement of Plaintiffs rights and sues them by fictitious names John Does 1 through 5 ("Doe

Defendants").

7. Other than as is alleged in this Complaint, Plaintiffhas yet to confirm the true

identities and acts of participation ofDoes 1 through 5, inclusive, and therefore sues them by such

fictitious names. Plaintiff is informed and believes that each of the defendants designated as a Doe

is liable in some manner for the acts and omissions, damages and injuries of which Plaintiff alleges

in this Complaint. Plaintiff will seek to amend the Complaint to state the true identities of Does 1

2

f

through 5 when ascertained.

8. Upon information and belief, the individual defendant Re is the principal of

corporate defendant PAN.

9. Upon information and belief, Re has an ownership interest in, operates and/or

manages the business of corporate defendant PAN.

10. Upon information and belief, there exists, and at all times herein mentioned

there existed, a unity of interests between and among Re and PAN vis-a-vis the ownership, operation

and/or management of the business of PAN.

11. Upon information and belief, PAN is so dominated and controlled by Re, such

that Defendants may be considered interchangeable with one another.

JURISDICTION AND VENUE

12. This action arises under the trademark laws of the United States, the Lanham

Trademark Act ofthe United States, 15 U.S.C. 1051 seq., and under the statutory and common

laws ofthe State ofNew York.

13. This Court has jurisdiction over the subject matter of this action pursuant to

28 U.S.C. 1338(a).

14. This Court also has supplemental jurisdiction over the state law and unfair

competition claims pursuant to 28 U.S.C. 1367 (a).

15. Upon information and belief: PAN (i) operates a website at through which it advertises its restaurant to consumers, including consumers in this

District, (ii) operates the KD Restaurant, at which consumers from this District can purchase food

when visiting or doing business in Florida, (iii) purchases food supplies from suppliers in this

3

District, (iv) charges meals at the KD Restaurant by credit card to bank accounts located in this

District, and (v) is otherwise within the jurisdiction of this Court.

16. Upon information and belief, Re (i) does business in this district through

PAN, (ii) has committed tortious acts outside New York that have caused an injury to Plaintiff in

New York, and (iii) is otherwise within the jurisdiction of this Court.

17. Upon information and belief, Doe Defendants (i) do business in this district

through PAN, (ii) have committed tortious acts outside New York that have caused an injury to

Plaintiff in New York, and (iii) is otherwise within the jurisdiction of this Court.

18. Venue is properly placed in this judicial district pursuant to 28 U.S.C.

1391.

BACKGROUND

A. The Popularity, Fame and Trademark Registrations of Katz's Deli

19. Katz's Deli is an indisputable New York institution that has delighted patrons

with authentic Jewish deli food for 125 years. The restaurant has occupied the same block on

Houston Street since its inception in 1888.

20. In recognition of its 125th anniversary, Katz's Deli received commendations

from Congresswoman Carolyn B. Maloney, New York State Governor Andrew M. Cuomo, New

York City Mayor Michael R. Bloomberg, and New York City Comptroller John C. Liu.

Photographs of these commendations are attached as Exhibit A.

21. The walls of Katz's Deli are covered with countless photos of local and

international celebrities, politicians and athletes who have frequented the restaurant, including such

4

icons as President Bill Clinton, Barbra Streisand and Muhammad Ali. While in office, Vice

President Al Gore brought Russian Prime Minister Viktor Chemomyrdin to lunch at the restaurant.

22. Katz's Deli is also a stop on several tour bus lines that bring in tourists from

all over the world.

23. Katz's Deli has appeared in many films, TV shows and various other print

media through the years. The business is often scouted by filmmakers seeking an authentic New

York backdrop. Over the years, there were several instances where filming was also done inside the

location. Films where Katz's Deli can be seen include:

When Harry Met Sally (1989)

Donnie Brasco (1997)

Across The Universe (2007)

Enchanted (2007)

We Own The Night (2007)

24. Katz's Deli is a regular fixture on local news broadcasts on CBS, NBC, FOX,

ABC and NYl. It has also been featured on the following television programs:

Law & Order ( 1990s)

Best Thing I Ever Ate (20 1 0)

Food Wars (2010)

Man vs. Food (2009)

No Reservations (2009)

Food Paradise (2009)

Adam Richman's Best Sandwich (2012)

5

25. Over the years, Katz's Deli has received many reviews, write-ups and

mentions in magazines and newspapers. New York Magazine rates the restaurant as a "Critic's

Pick," and has stated on its website that Katz's Deli is an "ancient temple," and that its pastrami and

corned beef are the "best available." Copies of the complete webpages from New York Magazine

are attached as Exhibit B.

26. The New York Daily News called Katz's Deli "iconic" on the event of its

125th anniversary. A complete copy of the webpage is attached as Exhibit C.

27. Katz's Deli is featured on the cover of the book "America's Great Delis:

Recipes and Traditions from Coast to Coast." A copy of the front cover of the book is attached as

Exhibit D.

28. In association with Katz's Deli, Plaintiff is the owner of the federally

registered trademarks KATZ'S and KATZ'S DELICATESSEN (collectively, the "KATZ'S

Trademarks").

29. Plaintiff owns all right, title and interest in and to the trademark KATZ'S

DELICATESSEN, which is the subject of incontestable U.S. Registration No. 1 ,684,084, issued by

the United States Patent and Trademark Office on April 21, 1992 in connection with restaurant

services, mail order services featuring food products and catering on and off premises, and which

cites a date of first use of 1890. A copy of this trademark registration is attached as Exhibit E.

30. Plaintiff owns all right, title and interest in and to the trademark KATZ'S,

which is the subject of the U.S. Registration No. 4,345,240, issued by the United States Patent and

Trademark Office on June 4, 2013 in connection with foods, namely corned beef, pastrami, salami,

frankfurters, knockwurst, knoblewurst, brisket, turkey, roast beef, tongue, Romanian salami, pickles,

6

,

sauerkraut, swiss cheese, nova lox, matzoh ball soup, chicken noodle soup and split pea soup, and

which cites a date of first use of April!, 1888. A copy of this trademark registration is attached as

Exhibit F.

B. Defendants' Unlawfully Competing Acts and Operations

31. Upon information and belief, Renamed the KD Restaurant after Katz's Deli

to unlawfully capitalize on the fame ofKatz's Deli.

32. Upon information and belief, the KD Restaurant displays on its exterior a logo

that features the term "Katz's Deli" prominently and the text "of Deerfield Beach" in smaller

lettering (the "KD Logo"). The following image is a true and correct photograph of the exterior of

the KD Restaurant:

7

33. Upon information and belief, the KD Restaurant features the KD Logo in its

interior in multiple locations. The following image is a true and correct photograph of the interior of

the KD Restaurant:

8

34. Upon information and belief, Defendants operate a website at (the "KD Website"). The front page of the KD Website features text that states, inter

alia, "FINALLY THE UNMISTAKABLE NEW YORK KOSHER STYLE DELI IS RIGHT

AROUND THE CORNER." The following is a true and correct image of the front page of the KD

Website:

KATZ'S DELICATESSEN OF DmtflnD IIACH

"llOOO tKIIIGSCI*f t0lllll5t WHOWI\Il.'WEU,IH~WI\It ISOftllltWM!Y t UIIMIStiiiii\IIU'- ,_ KOSIIEil5TYU DRIJSIUriHJ- taJIIIIER. WliUFftll

UilMU liiiiiOWlOIU IIIII) SPtaAI.IIO>SUOf ll$ fR511 PASIRMit 0111 RYE,IDIISII~ fiiAtiiCflllll115 (IIOT IIOT DOGS) IIIII) MilOt_, THI' II1STIIICT Alilll

IIETICIJLIIUS AtTfJITIIIft TO DfTI\Il fll!illllfS THATTHI' QUALDY--IS 111Fftii.Y BJ1f01 lllll:AI RIOD 1HA1 YlliJ WIUOftlYriJII)AI lrATl'SOEll Olllftllfll11l111Mll.

35. Upon information and belief, Defendants sell Jewish deli food at the KD

Restaurant, including a number offood items covered by the Plaintiffs KATZ'S federal trademark

registration. The KD Website features of a copy of the menu for the KD Restaurant. The menu

includes the wording "Katz's Deli" in prominent lettering, with the wording "of Deerfield Beach"

below it in significantly smaller lettering. The menu also features the prominent text "New York

Kosher Style" below the business name. The following is a true and correct image of the two pages

of the menu as displayed on the KD Website:

9

Available at our Deli Counter by the pound Roost Beef , $12 99 ComoBeverages Coke. Diet Coke. Sprltf..tHUC~, tf!mi.#O, ~ n

.

celebrities posted on its walls, in order to further imitate and profit from the goodwill generated by

the famous Katz's Deli.

C. The Settlement Efforts of Plaintiff

3 7. Counsel for Plaintiff sent a cease and desist letter to defendant PAN on April

29, 2014 which put Defendants on notice of Plaintiffs trademark rights.

38. When no response was received to the letter, Jake Dell ("Dell"), part-owner

and Vice President of Plaintiff, attempted to resolve the dispute with the Defendants by calling the

KD Restaurant directly.

3 9. Dell had difficulty reaching the Defendants, but eventually spoke with Re to

request that the Defendants cease all infringing activity.

40. When Re refused to effect any changes to the KD Restaurant the negotiations

terminated.

D. The Irreparable Harm

41. It has taken over a century of dedication, hard work and consistent customer

satisfaction for Katz's Deli to become famous. Defendants' blatant efforts to appropriate Plaintiffs

business goodwill, name and mark have resulted in Plaintiffbeing associated with food products and

restaurant services over which Plaintiff has no controL

42. There is evidence that the unlawful activities of Defendants have resulted in

actual confusion amongst consumers as to the source and origin of the KD Restaurant.

43. The following is a true and correct clipping from www.yelp.com, the online

11

urban guide and business review site, of the webpage for reviews of the KD Restaurant, a copy of

which is attached in its entirety as Exhibit G. The clipping is a negative review by a user named

"Bobby L." which states, inter alia, "Hope the real Katz has nothing to do with this place":

PI BobbyL. Greenwood lake, HY i 0 friends * 33 reviews ,... Share review

~ Compliment

3117/20'\4

0 First to Review If you like cold hotdogs. bland matzo ball soup and bad knish. this is the place. Hope the real Katz has nothing to do With this place

44. The following is a true and correct clipping from a second negative review of

the KD Restaurant on theY elp website by a user named "Flo A." which states, inter alia, "Nothing

like New York.":

Flo A. Boynton Beach, Fl ; 0 fnenas * 4reiliews

..+ Share review

g Compliment

411/2{114 Nothing like New York . No cole slaw or pickles brought to tablt:L Nova platter call1 with only 2 small pieces of bread.

45. The aforesaid unlawful activities of Defendants have resulted in confusion in

the marketplace and have already caused irreparable harm to the reputation and goodwill of the

Plaintiff.

COUNT I

VIOLATION OF 15 U.S.C. 1114 (Trademark Infringement)

46. Plaintiff repeats and realleges each allegation in paragraphs 1 to 44 hereof as

12

.

if fully set forth herein.

47. Plaintiff is the owner of all right, title and interest in and to the KATZ'S

48. Plaintiffs KATZ'S DELICATESSEN registration, U.S. Registration No.

1684084, is incontestable under 15 U.S.C. 1065.

49. Plaintiff put Defendants on notice ofthe KATZ'S Trademarks and despite

such notice Defendants have continued their infringing activities.

50. The foregoing activities of Defendants violate 15 U.S.C. 1114 (a).

Customers, prospective customers and the trade have been and are likely to be confused, deceived

and misled by Defendants' actions, and to think that there is an association, sponsorship or

endorsement as a consequence of those activities between Defendants and the Plaintiff, when in fact

there is none.

51. The foregoing activities of the Defendants infringe the valuable trademark

rights of Plaintiff in the KATZ'S Trademarks, for the improper benefit of the Defendants.

52. The acts of Defendants described herein were undertaken without the

permission, license or consent of Plaintiff.

53. Defendants' foregoing activities have irreparably damaged Plaintiff and have

further caused Plaintiff monetary damages in an amount as yet unknown, but if Defendants'

foregoing activities continue, it is believed that the damage to Plaintiff will exceed $1 ,000,000.

Defendants' wrongful acts have caused and will continue to cause Plaintiff to suffer irreparable harm

for which it has no adequate remedy at law.

13

COUNT II

VIOLATION OF 15 U.S.C. 1125(a) (False Designation of Origin)



55. The foregoing activities ofDefendants infringe the KATZ'S Trademarks,

creating the impression that the KD Restaurant originates from, is sponsored or endorsed by, or is

associated with Plaintiff.

56. The foregoing activities of Defendants have caused and will continue to

cause the public to believe that the KD Restaurant originates from, is sponsored or endorsed by,

or is associated with Plaintiff.

57. The foregoing activities of Defendants are intended to mislead the public to

think that there is an association, sponsorship or endorsement from the Plaintiff, and said activities

take control of the reputation and goodwill of Katz's Deli from Plaintiff, the proprietor of the

goodwill of the KATZ'S Trademarks in the United States and elsewhere_in the world.

58. The foregoing activities ofDefendants constitute a false designation of origin,

with the intent to cause confusion and mistake, to deceive and mislead the public, and to improperly

benefit from the Plaintiffs' valuable trademark rights.

59. Plaintiff put Defendants on notice ofthe KATZ'S Trademarks and despite

said notice Defendants have continued their infringing activities.

60. Defendants' said acts violate Section 43(a) of the Lanham Act, 15 U.S.C.

1125(a).


14


foregoing activities continue, it is believed that the damage to Plaintiffwill exceed $1,000,000.



COUNT III

VIOLATION OF 15 U.S.C. 1125(c) (Trademark Dilution)

62. Plaintiff repeats and realleges each allegation in paragraphs 1 to 60 as if fully

set forth herein.

63. This cause of action arises under the Federal Trademark Dilution Act, 15

U.S.C. 1125(c).

64. Plaintiffs KATZ'S Trademarks are famous as that term is defined in 15

U.S.C. 1125(c). Defendants' said acts in infringing the KATZ'S Trademarks for its business have

diluted, or are likely to, dilute the distinctive quality ofthe KATZ's Trademarks.

65. Defendants' use of a mark that is substantially similar to the KATZ'S

Trademarks dilutes the distinctive quality of said marks by tarnishing or blurring, and is thereby

likely to injure Plaintiff.



foregoing activities continue, it is believed that the damage to Plaintiff will exceed $1,000,000.



15

.

. .

COUNT IV

VIOLATION OF 15 U.S.C. 1125(a) (Unfair Competition)



68. This cause ofactionforunfaircompetition arises under 15 U.S.C. 1125 (a).

69. Defendants' acts alleged herein constitute unfair competition and will injure

the business reputation and business of plaintiff.






COUNTY

VIOLATION OF 15 U.S.C. 1125(d) ( Cybersquatting)



72. This cause of action for federal trademark cybersquatting arises under 15

U.S.C. 1125(d).

73. Defendants registered and have maintained a website at the domain name

with knowledge of Plaintiff's rights in the KATZ'S Trademarks.

74. Defendants registered and have maintained the said domain name with the 16

intent to divert customers from Plaintiff.

7 5. Defendants registered and have maintained this domain name with the intent

to profit from the fame and notoriety of the KATZ'S Trademarks.

76. Upon information and belief, Defendants registered and have maintained this

domain name despite the fact that there is no one affiliated with Defendants with the last name

"Katz."

77. Defendants registered and have maintained this domain name despite the fact

that they own no intellectual property rights in any portion of the domain name.

78. For the reasons described herein and to be discovered in this case, Defendants

have acted in bad faith in registering and operating a website at the domain name .






COUNT VI

VIOLATION OF NEW YORK GEN. BUS. LAW 360-1 (Injury to Business Reputation)



81. By reason of the practices and acts set forth above, Defendants have injured

17

confusion between Defendants' KD Restaurant and Katz's Deli.

89. The aforesaid activities of Defendants have caused Plaintiff to sustain

monetary damage, loss and injury.

90. The aforesaid activities of Defendants have been undertaken in bad faith.

91. Defendants have engaged in and continue to engage in the foregoing activities

knowingly and willfully.



foregoing activities continue, it is believed that the damage to Plaintiff will exceed $1 ,000,000.

Defendants' wrongful acts have caused and will continue to cause Plaintiffto suffer irreparable harm


WHEREFORE, Plaintiff prays for a judgment against Defendants as follows:

A. Finding that Defendants have infringed Plaintiffs trademarks in violation

of the Lanham Act, 15 U.S.C. 1114 and 15 U.S.C. 1125 (a) and Defendants are liable

therefor;

B. Finding that Defendants' actions constitute dilution of the KATZ'S

Trademarks in violation of the Lanham Act, 15 U.S.C. 1125(c) and Defendants are liable

therefor.

C. Finding that Defendants' actions constitute a violation ofNew York

General Business Law 360-1 and Defendants are liable therefor;

D. Finding that Defendants' actions constitute unfair competition and

misappropriation under the common law and Defendants are liable therefor; 19

:

M. Awarding Plaintiff such other and fm1her relief as the Court may deem

just and proper.

JURY DEMAND

Plaintiff demands a trial by jury on all facts so triable.

Dated: New York, New York June 12, 2014

GOTTLIEB, RACKMAN & REISMAN, P.C.

::o~aPi1htli/ Marc P. Misthal (MPM-6636) [email protected]

21

Jonathan M. Purow (JP-0052) [email protected] 270 Madison A venue New York, New York 10016 Phone: (212) 684-3900 Fax: (212) 684-3999

...... ' I I I I I 0

. ' ' . - ...... ,

EXHIBIT A

WASHINGTOlJ, JUNE :lllll

(i:ongrt.s.sional 1Rtcord PROCEEDI:'GS ~;o DEBATES Of THS 113"' CONORESS

fNRECO~NOFTHEl~ANNIVRSARY OP KATZ'S

ll.ELICATSSI.N

KON. CAROLYN B. MALONEY OFNEWYORK

IN THE 110\ISE OFREPRUENTA11VlS

The experience !If e.NOJ'bii iic:4tl K*'t Deti i5 pad of iu duce. The sc:rv~ bite their ~ tCJ lie part er tire sandwich making precess. ~ ad hand-slicing dtc ma riJbt a:rm thdr eyer. lrt flit u is the onJy M iD New YoJfc dud dl trimJ it meat by bind. 'I1le classic JCeJII' &em .. Wilen HMl' Met SaM)"' tn Ifill made the OeH an eve!)

pea~ cufltlml ieen and has itlspb't:8 mmy ~aver lite years, A. sip marts die' spot \IIJtest Meg RJ~RIC wilb a sip duR ft!4ld't "Where H1J11 Met Sally!'

. . .

.

. .

* .. ..

. . . . .

,. ~ 'ItS "'

STAlE OF NEW YORK

ExECUTIVE CHAMBER ~12224

Office of the Mayor

EXHIBIT B

10/30/13

Katz's Delicatessen V' Critics' Pick

205 E Houston St., New York, NY 10002 at Ludlow St. See Map I Subw ay Directions g 212-254-2246

Katz's Delicatessen- Lov.er East Side- NewYorkMagazine Restaurant Guide

Cuisine: American Trad~ional, Eastern European, Soup & Sandwich Price Range:$$

Upscale Almost Perfect Exceptional Generally Excellent Very Good Good

Cheap Eats Best in Category Excellent Delicious Very Good Noteworthy

Very Expensive Expensive

Mxterate Cheap

Reader Rating: 6 out of 10

Key to Prices and ratings

2~ Reviews 1 'Nr~e a Review 111 ap Rate & Review

)Yj:;t(, \ORl\,, DATING

nND SOIONE TO GO Willi Share this listing

Like :110:

Official Website katzdeli.com Hours Mon-Wed, Sam- I 0:45pm; Thu, Sam-2:45am; Fri, Sam-midnight; Sat, 24 hours; Sun, midnight-!0:45pm Nearby Subway Stops F at Second Ave. Prices $2.75-$15 Payment Methods American Express, MasterCard, Visa Special Features Breakfast Brunch- Daily Celeb-Spotting Classic NY Delivery Good for Groups Kid-Friendly Late-Night Dining Lunch Private Dining!Party Space Prix-Fixe Take-Out Teen Appeal Alcohol Beer and Wine Only Reservations Accepted/Not Necessary Delivery Area Battery Pl. to !50th St., FDRDr. to West Side Hwy. Profile The oldest delicatessen in New York City (established I 888), Katz's is also the only place in town that still carves all its pastrami and corned beef by hand--and it makes a huge difference. It doesn't hurt that these products are the best available, as are the frankfurters, knockwurst, knishes and other Jewish deli staples. The ritual of interacting with the countermen is one of the great New York experiences. One table in the middle of the dining room bears an inconspicuous paper sigo taped to its surface: "You are sitting at the table where Harry met Sally."- StevenA. Shaw Extra Check out the photos and testimonials on the walls and windows: You'll find that Katz's counts among its faithful not just Billy Crystal and 111 eg Ryan but also Bill Clinton and a long line of other world leaders past and present.

Deliwry Charge Varies by location, check website for details. Recommended Dishes Pastrami on rye, $16.95; knockwurst with beans, $12.70 Related Stories Featured In The Best Places to Live in NYC: Our Clitics Favo1ite Comestibles in Selected Neighborhoods ( 4/19/1 0) Cheap Eats 2008: How Food Prices Have Risen This Year (7/28/08) Cheap Eats Guide 2006 (8n/06)

rynag .corrVIisti ng s/restaurantlkatzs-del i catessenl 113

10/30113

Avg. Rating 6

Food: 6 Service:S Decor: 5

Bad senice and lousy qualily of pastrami By ThomasGoldstein on 3/18/2013 Overall Rating: 1 Food: 1 Service: 1 Decor: 5 No, I would not go back!

Katz's Delicatessen- LOI.Ief East Side- New York Magazine Restaurant Guide

"Mixed Reviews" Average Reader Rating on a Scale of 10. 52% would go back.

First, 1 noticed the overwhelming number of"out-of-towners". Maybe 66% the customers were orderingtake-ont. That means the quaint system of everyone jocking in line behind a particular sandwich maker has devolved into something unworkable. 35 minutes later when it was my turn 1 ordered a pastrami and the brisket had to be trinnned of three-quarters of its outer layer of fat and gristle. That still wasn~ enough to tame the nasty slab ... so I observed something I have never seen at a proper New York Deli ... the slicer started building the sandwich with thin, very thin slices. This slight of hand stiR wasn't enough. Over at the soda counter I had to wait another 5 minutes for the soda man to appear. He'd morphed into a Batista, making the gentlemen in front of me a cappuccino. A freakin' cappuccino at Katz's deli? Are you kidding me! FinaUy, I sit down and taste. Under cured! Fun of gristle! and sliced too thin to resemble fresh smoked brisket1 111'm not squeamish about eating my pastrami lean butthere was more fat than flavor. More bad corned beef taste than pastrami. Of course 1 complained. The manager was sorry I felt the way I did. So was I. Anyone who thinks Katz's Deli deserves a visit is a rube or is sunply too young to know better. The day of the demanding New Yorker has given way to the the fawning visitor. fuperieoce the rude service or the sub-par/over-priced food. The folks a Katz's Deb are an too happy to oblige. Did you fmd this review helpful? Yes N 10val 27 out of found this review helpful. NOTMY RITEDELI By ZAFTIG ISO on 3/6/2013 Overall Rating: 3 Food: 3 Service: 2 Decor:2 No, 1 would not go back! I had heard people rave about Katz, so on one of my trips to NYC I went there. Perhaps we got the wrong waiter, but when I was there the service was extremely slow aod the waiter didn't make any attempt to be welcoming or courteous. I love New York style del~ especially meat knishes and Romanian pastrami sandwiches served hot with dill pickles on the side. It's a real treat for me when I ger it served properly .It wasn't served properly when I went to Katz. Both the knish and the pastrami sandwich were served cold. Anywhere else I would have asked the waiter to take them back to the kitchen and have them re-heated. l didn't do that at Katz, because I figured it would involve another long wait for my food. I had expected a whole lot more from Katz based on what I bad heard, and I was disappointed. I'D choose another deli when I go back to New York City. Did you fmd this review helpful? Yes No Request Removal 11 out of31 people found this review helpful. NOT GREAT-MOlDY burger bun Bv khrownhk on 7/30/2012 Overall Rating: 2 Food:2 Service: 1 Decor: 2 No, I would not go back! I had the san1e experience yesterday as some of the other reviewers. EJ:ited to take my 3 teens there. It was a nightmare! I had no idea the protocol of standing in line, tickets, which line to order. Also some foods are ordered at different counters and seating was a nightmare. 1 asked someone if they could clear our table and he said NO. How am I supposed to know who clears what? Someone eventually cante over and cleared the 3 trays from 2 other pmties. After I fmaUy got an the food we began to eat. When my !2 year old son had almost furished his burger he noticed the bottom ofthc bm1 was an moldy! They did wipe off that charge, but we won't be going back there EVER!!! Did you find this review helpful? Yes No Request Removal 21 out of 43 people found this review helpful. Abysmal From Entry By stratfordbaby on 7/8/2012 Overall Rating: 1 Food: 1 Service: 1 Decor: 1 No, I would not go back! I made a special trip to Katz' today by snbway in 95F+ weather at 2pm, having researched them online, and gone to other delis in NYC. Security was very rude when I first got there. There is no s~age whatsoever so that someone who is coming in for the fu-st tinte would have no idea where to go or what to do. I walked in and was only given an entry ticket after I bad already walked (slowly) passed the security gnards that were sitting around doing much of nothing Then, after getting the ticket I wasn't told where to go, or aoything helpful, so that after moving off to the side to be courteous to others coming in, a different guard comes up and tells me that I either have to go to the cotmter or leave. I had no idea what counter to go to, or whether there was/not table service. Having made a special trip out of my way to visit Katz, I will not be returning Since I wasn't told where to go, or what counter, I looked around at the sandwiches that were on some of the tables, and quite frankly, they were certainly NOT bigger than aoythingl had seen at other well-known delis in the city. The prices arc atrocious for what was coming out; in this kind ofbusiness- portion-size is a factor when determiningpriceJ felt very comfortable in turning around and leaving, knowing that my business is worth more than being treated in a hostile manner as soon as I walked in the door. Did you fmd this review helpful? Yes No Request Removal 27 out of 48 people found this review helpful Read AU 27 Reviews

your NYM ag or

Face hook acconnt. REVIEW TITLE

REVIEW o OF 1500 CHARACTERS ALLOWED. HTML AND UJlLS PROHIBITED

J'Tl!IQ.com'listings/restall'antlkatzs-delicatessenl 213

- 10130113 Katz's Delicatessen- LOIII!ef East Side- New York Magazine Restaurant Guide

awful average exrellent Rate! 2 3 4 6 7 8 9 10

Food 0 0 0 0 0 0 0 0 0 Service 0000000000 Decor 000000000 Would you go back"

Yes

0 No

0 Publish this review to Face book

Some Hints:

PREIIIEW AND POST

The best reviews give a clear sense of why yonlikcd or disliked a restaurant, bar, or store. And that means details. Mention speeif~es dishes, type of crowd, pros and eons ... If it's helpful to compare one place to another, go for it. Come up with clever, funny, pithy sul

10/30/13 Best Deli Plate- Kutsher's Tribeca- Best of New York Food 2012-- New York Magazine

Best of New York 2012 Eating

Best Deli Plate

(Photu:Dannr Kim/New York Magaiint!)

See Also Adam Platt on Kutsher's Tribeca Can .Jewish Food Go Upscale?

Kutsher's Triheca 186 Franklin St., nr. Greem.Wch St.; 212-431-0600

Don't get us wrong. We still like to worship, on Saturday afternoons, at the ancient temple of Katz's, and at least once a year, we'll stand in line with the rabble of tourists to get a taste of the bread-box-size sandwiches at Carnegie Deli. But for a quick fix of all the guilty delicacies that make deli special, our choice these days is the Delicatessen, which you will find under the "charcuterie" section at the popular, e\en posh, new Jewish-American "bistro" Kutsher's Tribeca. Order the "works" option and you -will receive strips of"spicy" salami, slabs of duck and deckle pastrami, which are pliably soft but weirdly unfatty, and little lozenges of smoked veal tongue the color of pink roses. You can complement them with all the usual fixings (mustard, rye, pickles), but if you're feeling bold, we suggest a dab ofthe house horseradish aloli, which is leavened with capers and a gourmet helping of shallots.

Next: Larb

From lhe 2012 Best of New York issue of New York l\llagazine

Cpyrigbt 2013, New York Media LLC All Rights Rlilse!Ved

l'ffi9 .cOI'l'YbestofnVfood/2012/del i-pl atw 111

EXHIBIT C

10130/13 Katz's Deli celebrates 125)Ears of doing sandvliches right- NY Daily News Wednesday. October 30. 2013 NYDailyNews.~m I Food Like Follow SIGN IN

Search site

politics sports showbiz opinion photos video autos More of Living HEAl. TH HOMES FOOD HOROSCOPES COMICS & GAMES LIVING PICS FASHION PICS BLOGS

FOOD

Katz's Deli celebrates 125 years of doing sandwiches right The legendary eatery 'where Harry met Sally' -which serves up heaping piles of meat- started as the Iceland Brothers at the corner of Ludlow and Houston Sts. in 1888.

BY RICH SCHAPIRO/NEWYORK DAILY NEWS

THURSDAY, MAY 30,2013,9:47 PM

600 24

The character and nostalgia complement the meaty sandwiches at Katz's Deli at Ludlow and Houston Sts., which has continued to draw solid business since 1888.

IJI.ohen the iconic Katz's Deli opened, Grover Cleveland was President and the New York Giants baseball team was playing at the Polo Grounds.

More than a century later, Katz's is still sitting on the same lower East Side corner serving up

MOST POPULAR MOST READ MOST SHARED

1 Celebrity chefs serve up fancy fast foods using McDonald's ingredients

2 Eats Beat Get your country food fix at Route66

3 La Cenita: Restaurant review 4 Kombucha is lhe ne>l big lhing in

probiotics

5 McDonald's cuts Heinzkelchup ties alter 40 years

6 Snake Venom: lhe world's strongest beer 7 Scientists inwnt hangowr-lree beer 8 Once in a lifetime owrlap this year

creates new culinary combos and cultural mashups

9 UK scientist creates formula for perfect pizza

10 Toilet-themed Magic Restroom Cafe hits California

lchabod's In our city teeming wilh constant stimulation. sometimes a solid, homemade meal- albeit not from your home- is just what lhe doctor

Cull & Pistol Chef Dave Seigal doesn't have tons h for compliments -his Chelsea Markel oyster bar is a winner.

heaping piles of pastrami to hungry throngs of New Yorkers, tourists and celebrities. Greenwich project Greenwich Project striws to blend a high-concept bar scene wilh equally ambitious food. So far, lhe food is winning out

. . .

l ~ ..

Prospect K)'le McClelland. who launched his career as a teenager, conjures eye-popping performances at Prospect from his accessible.topnolch

The General Aller winning season three of"Top Chef." baby.faced

Hung Huynh made no apologies about loving the limelight

WNN.rJail)fle'NS.cooYiife..st)te/eatsllatz-delicelebrates-125-,ears-pastrarri-arlide-1.1359283 119

10/30113 Katz's Deli celebrates 125 ;ears of doing sal'ld'Yiiches right- NY Daily News

DAVID HANDSCHUHINEWYORK DAilY NEWS

Katz's, the lower East Side eatery, has been serving as a late-night haven to hungry young New Yorkers for decades.

The famous delicatessen is celebrating 125 years in business this weekend.

"People come here for the food, that's for sure, but there's also the nostalgia." said Katz's third-generation owner Jake Dell.

ENID ALVAREZ/NEW YORK DAILY NEWS The Iconic deli has hardly changed through the years, sticking with the hearty meals New Yorkers crave.

PHOTOS: KAlZ'S DELl THROUGH THE YEARS

"They want to be transported back to the first time they came into the restaurant .... Everything's exactly the same way as it was when we first started."

w.w.~.J'lail~.c00Ylife-s~elealslkatz-deli-celebrates-125-;ears-pastram-article-1.1359283

Pearl and Ash Dinner at this Nolita newcomer is like a sca110nger hunt There are plenlyof dramatic, beaubfully crafted little jewels. But they're buried

Porteilo Named fur the natilllils of Ngentina's capital, Buenos !'ires, this erratic, albeit cOZ!J '1\/est Chelsea spot has been seemingly outfitted with two separate

Union Square Cafe Danny Meyer's flagship spot will soon reach the ripe old age of 30, and is more haggard than happening.

The Beatrice Inn long before he ran vanity Fair. Graydon Carter edited Spy, a spectaculany\1clous monthly that mercilessly mocked Manhattan's rich, powerful and obnm

1()(30/13 Katz's Deli celebrates 125years of doing sandv.iches right- NY Daily News

DAVm HANDSCHUHINEW YORK DAILY NE\'\IS

Piles of tasty beef put smiles on diners' chops at Katz's Deli on Houston St Barrels of pickels make it a brine dining experience.

Kalis opened its doors on the corner of Ludlow and Houston Sts. in 1666 under a different name: Iceland Brothers.

The castle of kosher food quickly turned into a neighborhood institution in what was then a community brimming with Jewish immigrants.

\WIIW.n}dai l}fleii\S.com/1 ife-s~e/eatsll

10/30/13 Katz's Deli celebrates 125~ars of doing sand\Mches right- NY Daily News

DAVID HANDSCHUHINEW YORK DAILY NE\1\/S

Katz's Deli serves 15,000 pounds of pastrami every week.

The eatery's name was changed to Katz's in 1910 after a man named Benny Katz bought out the Iceland brothers.

RELATED: FOOD TRUCKS COMING TO BARCLAYS CENTER

DAVID HANDSCHUH/NEWYORK DAILY NEWS

In 'When Harry Met Sally,' Meg Ryan famously fakes an orgasm while enjoying Katz's meat

Katz's franks and beans became the stuff of lore- but it wasn't until the infamcus Meg Ryan fake orgasm scene in the 1989 film "\Nhen Harry Met Sally" that Katz's became a pop culture phenomenon.

A neon sign that reads "\Nhere Harry met Sally ... hope you have what she had!" hangs above the table where the scene was filmed,

WNN.f']ail)news.com'life.st)teleatsll

10130113 Katz's Deli celebrates 125;ears ofdoillJ sanclv.iches right- NY Daily News

HANDSCHUH, DAVID, NEW YORK DAILY NEWS

The signature lunch tickets at Katz's Dell, where Harry met Sally 20 years ago.

Almost once a week, customers will try to imitate Ryan, drawing cheers or boos depending on the quality of the performance, Dell said.

Katz's serves up a mouth-watering mountain of meat every week: 15,000 pounds of pastrami; 8,000 pounds of corned beef and 4,000 hot dogs.

YMW.f1ail~.com'life-st)leleatslkatz-deli-celebrates-125-;ears-pastram-article-1.1359283 519

- 10130113 Katz's Deli celebrates 125 )earS of doing sand\Mches right- NY Daily News

Katz's Deli is an Institution of itself, opening in 1888 as Iceland Brothers before being bought by Benny Katz in 1910 to serving the plethora of Jewish immigrants in the neighborhood.

RELATED: STUDY SAYS SUBWAY NO HEAL THIER THAN MCDONALD'S

And a sleady stream of bold-faced names has filled the 355-seat deli over the years -four U.S. Presidents among them.

ROBERT ROSAMILIOINEWYORK DAilY NEWS

Katz's Deli at the corner of Ludl- and Houston Sts. is a local favorite and a must-visit.

Bill Clinton put on a shocking display of calorie consumption during one visit, when he scarfed down a pastrami sandwich, two knishes, two hot dogs, a side of French fries and two Dr. Brown sodas, Dell said.

"And then, \Nhen he was done, he was still picking off the plates of the Secret Service agents," Dell recalled.

Tourist Carol Rodvell followed Clinton's lead on Friday, scooping every last piece of pastrami off of her plate and easing it Into her mouth.

"It's so tender it's like butter," gushed Rodvell, 57, of Charlotte, N.C.

Katz's anniversary celebration kicks off Friday, with a charity dinner hosted by three top chefs \Nho will put their own spin on the deli's culinary delights.

\WNI.IT)daii~.COffil1ife.. st)te/ealsJkatz -deli-celebrates-125-}eafs-pastrarri-article-1.1359283 6/9

. 10/30/13 Katz's Deli celebrates 125 )Ears of doing sand\Mches rig hi- NY Daily News

[email protected]

POST A COMMENT

DAILY NEWS READERS ALERT Going rorward. the Daily News will require users to enter full names in order to comment on stories. We are always seeking new ways to improw your experience and we know this change wift only make our Daily News community better.

COMMENTS

2FARGONE 152 days ago

Meat is Murder.

MARCDONATO 152 days ago

My grandpa used to tell me how he loved Katz's when he was a "Pushcart Pete" and when he had a few extra dollars in his pocket, he'd walkover there for a pastrami sandwich and a cream soda. Years later when he lived in Nassau and we'd order from the local Jewish deli, he'd say, '\his is-a ok, but it's-a no Katz's!"

Reply

MERGATROID69 152 days ago +1

They really need to spruce that place up ... being old as it is, it is probably a roach, rat and bug nightmare ... food is good though ..

Reply

MAJ ZBJS 152 days ago +1

I was raised on the Lower East Side and now make my home in the South. I've traveled all over

IMNW.tlai I~. com1 ife-sl}te/eatslkatz -deli-celebrates-125-}'ears-pastrarri-article-1.1359283 7/9

10/30/13 Katz's Deli celebrates 1251*!rs of doing sandv.iches right- NY Daily New; the world and han yet to find a place that makes a better tasting Pastrami on Rye. Happy Birthday Katz! You are truely a neighborhood leon and I wish your establishment continued success ...

FYI for you readers, Katz is haYing an all you can eat Pastrami this Sunday 2 June from 120 o till 2PM.

P.S. Thanks for the culinary memories' See ya11 when I come back home in August!

Reply

GERALD66 152 days ago

its just not as good as it once was, in terms of quality and value

Reply

HAIRY POTHEAD 152 days ago +1

That's what SHE said ...

Reply

HAIRY POTHEAD 152 days ago +1

Maze! Tov!

Reply

SICK OF THE UES 152 days ago +2

Katz's! The BEST!!!

Reply .:2: renlie~

MCELVIS 152 days ago

Katz's is great, but !like Carnegie's just a little more.

MARCDONATO 152 days ago

Pastrami King on Queens Bhd across from the courts .... that place was an institution, and lines out the door at lunchtime

4TH & 17 152 days ago +1

watch \\'WW.thelastjewishwaiter.com very funny davis manheim who works there

Reply

OLDDOG 152 days ago +3

A pastrami sand from Katz a cheese cake from Junors in Brooklyn and I real Coney Island hot dog. (down here in Richmond I\e seen people put mayo and Ketchup on hot dogs?) I'm getting in my wheelchair leaving Richmond and heading up I -95

Reply

PAlRICIA SUMNER 152 days ago +1

From one old dog to another. you know your food .. Just went to Katz's last week and it's stil1 as great as it has been. The first time I can remember going to Katz's with my father and younger sister we had a hot dog for about fifteen cents. I'm certain that's all he could afford.

WMN.n}dai l~.comllife-st}4e/eatsllalz-deli-celebrates-125-~ars-pastr arri-arti cle-1.1359283 8/9

- - 10/30113 Katz's Deli celebrates 125 ,ears of doing sandv.iches right- NY Daily News

Reply

Met 153 days ago +2

One oft he few things I miss about moving south is trying to get a decent pastrami on rye. I miss Katz.

MARCOONATO 152 days ago

Out here in AZ 1 have to settle for a place called Chompie's, a chain owned by the Borentsein family who relocated out here years ago from Forest Hills. It's not bad and they do a decent job in recreating the atmosphere of a real NY Jewish deli, but just not the same.

Reply

Use of this website signifies your agreerrent to the T-ents of Sen/ir;e and Privacy Po icy. @ Copynght2013 NYDailyNews.com AI rlghts reserved.

IMI\I\I\I.!lail}41eWS .com/Jife-s~e/eatslkatz-deli-celebrates-125-,ears-pastram-article-1.1359283 919

.

EXHIBIT D

.

.

:

EXHIBIT E

.

Int. Cl.: 42

Prior U.S. Cis.: 100 ud 101 . Reg. No. 1,684,084

United States Patent and Trademark Office Registered :u, mz

SERVICE MARK PRINCIPAL REGISTER

KATZ'S DELICATESSEN

KATZ'S DELICATESSEN OF HOUSTON STR.EET, INC. (NEW YORK CORPORATION)

20S E. HOUSTON STREET NEW YORK, NY 10002

FOR, RESTAURANT SERVICES, MAIL ORDER SERVICES FEATURING FOOD PROD-UCTS AND CATERING ON AND OFF PREM-ISES. IN CLASS 42 (U.S. CLS. 100 AND 101).

FIRST USE 041890; IN COMMERCE 041890.

. ..

.

. OWNER OF U.S. REG. NO. 1,610,199. NO CLAIM IS MADE TO THE EXCLUSIVE

RIGHT TO USE "DELICATESSEN", APART FROM THE MARK AS SHOWN.

SEC.2(F).

SER. NO. 74-164,8Sl, FILED S-9-1991.

ALAN ATCHISON, EXAMINING ATTORNEY

.-

EXHIBIT F

--

KATZ'S Reg. No. 4,345,240 KATZ'S DELICATESSEN OF HOUSTON STREET, INC. (NEW YORK CORPORATION)

205 E. HOUSTON STREET Registered June 4, 2013 NEW YORK, NY 10002 Int. Cis.: 29 and 30 FOR: FOODS, NAMELY, CORNED BEEF, PASTRAMI, SALAMI, FRANKFURTERS,

KNOCKWURST, KNOBLEWURS1~ BRISKET, TURKEY, ROAST BEE!

REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.

Requirements in the First Ten Years* What and When to File:

First Filing Deadline: You must file aDeclardJ:ion of Use (or Excusable Nonuse) between the 5th and 6th years after the registration date. See 15 U.S.C. 1058, 114Ik. If the declaration is accepted, the registration will continue in force for the remainder of the ten-year period, calculated from the registration date, unless cancelled by an order of the Conmrissioner for Trademarks or a federal court.

Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal between the 9th and I Oth years after the registration date.* See 15 U.S.C. 1059.

Requirements in Successive Ten-Year Periods* What and When to File:

You must file a Declaration ofUse (or Excusable Nonuse) and an Application for Renewal between every 9th and lOth-year period, calculated from the registration date.*

Grace Period Filings*

The above docnments will be accepted as timely if filed within six months after the deadlines listed above with the payment of !ll1 additional fee.

United States Patent and Trademark Office (USPTO) will NOT send you any future notice or reminder of these filing requirements.

*ATTENTION MADRID PROTOCOL REGISTRA.'IITS: The holder of an international registration with an extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use (or Excusable Nonuse) referenced above directly with the USPTO. The time periods for filing are based on the U.S. registration date (not the international registration date). The deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for nationally issued registrations. See 15 U .S.C. 1058, ll4Ik. However, owners of international registrations do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying international registration at the International Bureau of the World Intellectual Property Organization, under Article 7 ofthe Madrid Protocol, before the expiration of each ten-year tem1 of protection, calculated from the date of Ute international registration. See 15 U .S.C. 1141j. For more infomtation and renewal forms for the international registration, see http://www. wipo .int/rnadrid/enl.

NOTE: Fees and requirements for maintaining registrations are subject to change. Please check tbe USPTO website for further information. With the exception of renewal applications for registered extensions of protection, you can file the registration maintenance documents referenced above online at http://www.uspto.gov.

Page: 2 I RN # 4,345,240

!'

EXHIBIT G

6/6/2014 Katz's Deli of Deerfield Beach- Deerfield Beach, FL I Yelp

Katz's Deli of Deerfield Beach 3 reviews f> Details

$ Delis, Kosher, Sandwiches . , Edit

lt'A~t".

SE :!

- 6/612014

Flo A. Boynton Beach, Fl. ; 0 friends '*4 reviews

Page 1 of 1

Katz's Deli of Deerfield Beach- Deerfield Beach, FL I Yelp

4/1/2014

Nothing like New York . No cole slaw or pickles brought to table. Nova platter came with only 2 small pieces of bread.

II Comment from Charles R. of Katz's Defi of Deerfield Beach Business Owner

4/1/2014 This is confusing to me because I recall you specifically asked for a couple of slices of bread v.taich I brought personally. In addition putting pickles and cold slaw on the table is no longer allowed by the health department I came to your table a few times to ask if everything was okay and I was told the food was great. I would have brought you more bread or anything you needed. This review was unfair. We served lunch to almost a hundred satisfied customers that day but because I didn't give you more pickles or bread you chose to write a review that implies that we are not a great place to eat. I hold myself accountable for any issues that come up but v.taen people complain just because they can is not acceptable to me. If rm not mistaken I gave your table free desert. As I said. Very confused!! Read less

are not c~Jrrently re::orntncnded

From the business Specialties Katz's Deli of Deerfield Beach is an authentic New York Kosher style deli that specializes in super stuffed sandvo.iches and hero's, natural casing frankfurters, knishes, soups, fresh salads and much more. Everything we offer is of the highest quality.

About Help More About Yelp FAQ Careers Yelp Blog Advertise Yelp Mobile Press Content Guidelines The Weekly Yelp Investor Relations Contact Yelp Yelp SeatMe Terms of Service Business Support RSS Privacy Policy Developers Top Searches Ad Choices

EJ The roast beef is unbelievable and of course pastrami to die for.

Moe's Deli & Grill 3 reviews

The Keg On 6th 23 reviews

A great beer selection, fantastic food, a lovely atmosphere, and ...

People Viewed This After Searching For ... Kosher Deli Deerfield Beach

Kosher Restaurants Deerfield Beach

Languages . English ~

Countries

United States

Deerfield Beach Business Listings # A B C D E F G H I J K L M N 0 P Q R S T U V W X Y Z I Newly Added I Talk Archi~.e Site Map Atlanta l Allstin r Boston I Chicago I Dallas I Denwr i Detroit I Honolulu! HoLJSton Los Angeles Miami I Minneapolis I New York l Philadelphia I Portland I

Sacramento San Diego i San Francisco I San Jose I Seattle Washington, DC More Cities

hltp:/tw.wv.yelp.comlbizJI

~ 6/612014 Katz's Deli of Deerfield Beach- Deerfield Beach, FL I Yelp

Copyright 2004-2014 Yelp Inc. Yelp, ytJ,:lt, ~: and related marks are registered trademarks of Yelp.

http:/ 1\w.w. }elp.com'biz:JIQ3tzs-del i-of-deerfield-beach-deerfield-beach 313

Katz's Delicatessen v. Katz Delicatassen of Deerfield Beach

Documents

Transcript of Katz's Delicatessen v. Katz Delicatassen of Deerfield Beach