JS 44C/SDNY JUDGE RAMOSversh REV. 2/2014 The JS-44 civil cover sheet and the informationcontained herein neither •la&JB»supplerlM/triWfiling and servio pleadings orother papers as required by law, except as provided by idwruleJw court. This form, approved by the Judicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose of initiating the civil docket sheet. MAR 1 2 2014 PLAINTIFFS DEFENDANTS KATZ'S DELICATESSEN OF HOUSTON STREET, INC. TMA TRADING INC., d/b/a KATZ&DOGZ, "TAREK", MOHAMED SALEM and JOHN DOES 1-5
ATTORNEYS (FIRMNAME, ADDRESS, ANDTELEPHONE NUMBER ATTORNEYS (IF KNOWN) Marc Misthal and Jonathan Purow of Gottlieb, Rackman & Reisman P.C. 270 Madison Avenue 8th Floor, New York NY 10016 Phone: 212-684-3900, Fax: 212-684-3999 CAUSE OF ACTION (CITE THE U.S.CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE) (DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY) 15U.S.C. 1114 and 15U.S.C. 1125etseq.
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(PLACEAN [x] IN ONE BOX ONLY) NATURE OF SUIT
ACTIONS UNDER STATUTES
CONTR,ACT PERSONAL INJURY PERSONAL INJURY FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES }
[ ] 110 INSURANCE ! 1310 AIRPLANE [ ] 362 PERSONAL INJURY - [ 1610 AGRICULTURE [ I 422 APPEAL [ ]400 STATE | [ ]120 MARINE [ ]315 AIRPLANE PRODUCT MED MALPRACTICE [ ]620 OTHER FOOD & 28 USC 158 REAPPORTIONMENT | [ ]130 MILLER ACT LIABILITY [] 365 PERSONAL INJURY DRUG [] 423 WITHDRAWAL I H10 ANTITRUST 1 [ 1140 NEGOTIABLE [ )320 ASSAULT, LIBEL & PRODUCT LIABILITY [ ]625 DRUG RELATED 28 USC 157 [ ]430 BANKS & BANKING 1 INSTRUMENT SLANDER [ 1 368 ASBESTOS PERSONAL SEIZURE OF [ ]450 COMMERCE 1 I ]150 RECOVERY OF [ ]330 FEDERAL INJURY PRODUCT PROPERTY [ ]460 DEPORTATION OVERPAYMENT & EMPLOYERS' LIABILITY 21 USC 881 PROPERTY RIGHTS [ ]470 RACKETEER INFLU | ENFORCEMENT LIABILITY [J 630 LIQUOR LAWS ENCED & CORRUPT OF JUDGMENT [ 1340 MARINE PERSONAL PROPERTY [ ]640 RR & TRUCK [] 820 COPYRIGHTS ORGANIZATION ACT | [ ]151 MEDICARE ACT [ ]345 MARINE PRODUCT [ ]650 AIRLINE REGS [] 830 PATENT (RICO) [ )152 RECOVERY OF LIABILITY [] 370 OTHER FRAUD [ ]660 OCCUPATIONAL K1840 TRADEMARK [ ]480 CONSUMER CREDIT 1 DEFAULTED [ ]350 MOTOR VEHICLE [ ]371 TRUTH IN LENDING SAFETY/HEALTH [ ]490 CABLE/SATELLITE TV 1 STUDENT LOANS [ ]355 MOTOR VEHICLE [] 380 OTHER PERSONAL [ ]690 OTHER I 1810 SELECTIVE SERVICE K (EXCL VETERANS) PRODUCT LIABILITY PROPERTY DAMAGE SOCIAL SECURITY [ ]850 SECURITIES/ i; [] 153 RECOVERY OF 1 J360 OTHER PERSONAL [] 385 PROPERTY DAMAGE COMMODITIES/ 1 OVERPAYMENT INJURY PRODUCT LIABILITY LABOR [ ]861 HIA(1395ff) EXCHANGE 1 OF VETERAN'S [ I 862 BLACK LUNG (923) [ 1875 CUSTOMER BENEFITS [ ]710 FAIR LABOR [] 863 DIWC/DIWW (405(g)) CHALLENGE 1 [ ] 160 STOCKHOLDERS STANDARDS ACT [] 864 SSID TITLE XVI 12 USC 3410 | SUITS [ ]720 LABOR/MGMT [ ] 865 RSI (405(g)) [ ]890 OTHER STATUTORY i [ ]190 OTHER PRISONER PETITIONS RELATIONS ACTIONS | CONTRACT [ ]730 LABOR/MGMT [ 1891 AGRICULTURAL ACTS [ ] 195 CONTRACT [ 1510 MOTIONS TO REPORTING & FEDERAL TAX SUITS [ ]892 ECONOMIC | PRODUCT ACTIONS UNDER STATUTES VACATE SENTENCE DISCLOSURE ACT STABILIZATION ACT LIABILITY 28 USC 2255 []740 RAILWAY LABOR ACT [ ]870 TAXES (U.S. Plaintiff or [ ]893 ENVIRONMENTAL 1 [] 196 FRANCHISE CIVIL RIGHTS [ ] 530 HABEAS CORPUS []790 OTHER LABOR Defendant) MATTERS [] 535 DEATH PENALTY LITIGATION [ ) 871 IRS-THIRD PARTY [ 1894 ENERGY 1 [ 1441 VOTING [] 540 MANDAMUS & OTHER I 1791 EMPL RET INC 26 USC 7609 ALLOCATION ACT [ ]442 EMPLOYMENT SECURITY ACT [ ]895 FREEDOM OF i REAL PROPERTY [ ]443 HOUSING/ INFORMATION ACT 1 ACCOMMODATIONS IMMIGRATION [ ]900 APPEAL OF FEE [ 1210 LAND [ ]444 WELFARE PRISONER CIVIL RIGHTS DETERMINATION 1 CONDEMNATION 1 1445 AMERICANS WITH [ 1462 NATURALIZATION UNDER EQUAL L [ ]220 FORECLOSURE DISABILITIES - [] 550 CIVIL RIGHTS APPLICATION ACCESS TO JUSTICE £ [ ]230 RENT LEASE & EMPLOYMENT [] 555 PRISON CONDITION I ]463 HABEAS CORPUS- [J 950 CONSTITUTIONALITY EJECTMENT [ ]446 AMERICANS WITH ALIEN DETAINEE OF STATE STATUTES - [ ]240 TORTS TO LAND DISABILITIES -OTHER [ 1465 OTHER IMMIGRATION [ ]245 TORT PRODUCT [ J440 OTHER CIVIL RIGHTS ACTIONS LIABILITY (Non-Prisoner) [ ]290 ALL OTHER f. REAL PROPERTY
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PTF DEF PTF DEF PTF DEF CITIZEN OF THIS STATE [ ]1 [ ]1 CITIZEN OR SUBJECT OF A [ ] 3 [ ]3 INCORPORATED and PRINCIPAL PLACE [ ] 5 [ ] 5 FOREIGN COUNTRY OF BUSINESS IN ANOTHER STATE
CITIZEN OF ANOTHER STATE [ 12 ( ]2 INCORPORATED or PRINCIPAL PLACE I 14 [ 14 FOREIGN NATION [16 [ ]6 OF BUSINESS IN THIS STATE
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DEFENDANT(S) ADDRESS UNKNOWN REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN THE RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:
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DATE 3/11/2014 SIGNATURE OF ATTORNEY CORD ADMITTED TO PRACTICE IN THIS DISTRICT [] NO N YES (DATE ADMITTED Mo. October Yr. 2000 RECEIPT # Attorney Bar Code # MM6636
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UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN) JUDGE RAMOS
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
KATZ'S DELICATESSEN OF HOUSTON STREET, INC.,14 CV 1S90 ECF CASE Civil Action No. Plaintiff,
-against- COMPLAINT
TMA TRADING INC. d/b/a KATZ & DOGZ, "TAREK", ^ MOHAMED SALEM and JOHN DOES 1-5 JURY TRIAL DEMAM)Efi '4 P
Defendants. CD
ro
Plaintiff Katz's Delicatessen of Houston Street, Inc., for its complaint against the defendants TMA Trading Inc. d/b/a Katz & Dogz, "Tarek," Mohamed Salem, and John Does 1-5
(collectively, "Defendants"), herein states as follows on knowledge as to plaintiffand otherwise on information and belief:
INTRODUCTION
1. The plaintiffis the owner ofthe world-famous restaurant Katz's Delicatessen
("Katz's Deli") and the associated federally registered trademarks KATZ'S and KATZ'S
DELICATESSEN.
2. Without the consent ofthe plaintiff, the Defendants have opened mobile food trucks and a mobile food cart under the brand name "Katz & Dogz," that sell the same Jewish deli foods as Katz's Deli. The Defendants' actions blatantly infringe plaintiffs federal trademark registrations and will continue to cause irreparable harm to the plaintiffs goodwill and reputation. THE PARTIES
3. PlaintiffKatz's Delicatessen ofHouston Street, Inc. ("Plaintiff or "Katz's") is a corporation organized and existingunderthe lawsof the Stateof New York with an officeand principal placeofbusinessat205 E. Houston Street, NewYork, NewYork. Plaintiffoperates Katz's
Deli at that location.
4. Upon information and belief, defendant TMA Trading Inc. ("TMA") is a corporation organizedunder the laws ofthe State of New York with a principal place of businessat
1745 Stillwell Avenue-2, Brooklyn, New York. TMA operates mobile food trucks and a mobile food cart under the business name "Katz & Dogz," in Manhattan and Brooklyn.
5. Upon information and belief, defendant "Tarek" is a principal, owner and controlling entity of defendant TMA, and is therefore responsible for the tortious acts of TMA.
Plaintiffwill seek to amend this Complaint to state the proper name of"Tarek" when ascertained.
6. Upon information and belief, defendantMohamed Salem is a principal, owner and controlling entity ofdefendant TMA, and is therefore responsible for the tortious acts ofTMA.
7. Plaintiff also believes that there are other persons that are involved in the infringement ofPlaintiffs rights and sues them by fictitious names John Does 1 through 5.
8. Other than as is alleged in this Complaint, Plaintiffhas yet to confirm the true identities and acts ofparticipation ofDoes 1 through 5, inclusive, and therefore sues them by such fictitious names. Plaintiffis informed and believes that each ofthe defendants designated as a Doe is liable in some manner for the acts and omissions, damages and injuries ofwhich Plaintiffalleges in this Complaint. Plaintiff will seek to amend the Complaint to state the true identities of Does 1 through 5 when ascertained.
9. Upon information and belief, the individual defendants "Tarek" and Mohamed
Salem are the principals ofcorporate defendant TMA.
10. Upon information and belief, "Tarek" and Mohamed Salem have an ownership interest in, operate and/or manage the business ofthe corporate defendant TMA.
11. Upon information and belief, there exists, and at all times herein mentioned there existed, a unity ofinterests between and among the defendants "Tarek" and Mohamed Salem vis-a-vis the ownership, operation and/or management ofthe business ofTMA.
12. Upon information and belief, TMA is so dominated and controlled by "Tarek" and Mohamed Salem, such that Defendants may be considered interchangeable with one another.
JURISDICTION AND VENUE
13. This action arises under the trademark laws ofthe United States, the Lanham
Trademark Act ofthe United States, 15 U.S.C. § 1051 et seq., and under the statutory and common laws ofthe State ofNew York.
14. This Court has jurisdiction overthe subject matter ofthis action pursuant to 28
U.S.C. § 1338(a).
15. This Court also has supplemental jurisdiction over the state law and unfair competition claims pursuant to 28 U.S.C. §1367 (a).
16. Upon information and belief, TMA does business in this district, and is otherwise within the jurisdiction ofthis Court.
17. Upon information and belief, "Tarek" does business in this district through
TMA, and is otherwise within the jurisdiction ofthis Court. 18. Upon information and belief, MohamedSalem does business in this district through TMA, and is otherwise within the jurisdiction ofthis Court.
19. Upon information and belief, the Doe defendants do business in this district through TMA, and are otherwise within the jurisdiction ofthis Court.
20. Venue is properly placed in thisjudicial district pursuant to 28 U.S.C. § 1391 because this is an action brought pursuant to the Lanham Trademark Act, Defendants conduct business in thisjudicial district, Defendants are subjectto personaljurisdiction,andthe eventsgiving rise to the claims occurred in this district.
BACKGROUND
A. The Popularity, Fame and Trademark Registrations ofKatz's Deli
18. 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.
19. In recognition ofits 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 ofthese commendations are attached as Exhibit A.
20. 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 icons as President Bill Clinton, Barbra Streisand and Muhammad Ali. While in office, Vice
President Al Gore brought Russian Prime Minister Viktor Chernomyrdin to lunch at the restaurant.
21. Katz's Deli is also a stop on several tour bus lines that bring in tourists from all over the world.
22. 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
Yorkbackdrop. Overtheyears, therewereseveral instances wherefilmingwasalsodoneinsidethe location. Films where Katz's Deli can be seen include:
DonnieBrasco(1997)
Law & Order (1990s)
Across The Universe (2007)
Enchanted (2007)
We Own The Night (2007)
23. Katz's Deli is a regular fixture on local news broadcasts on CBS, NBC, FOX,
ABC and NY1. It has also been featured on the following television programs:
Best Thing I Ever Ate (2010)
Food Wars (2010)
Man vs. Food (2009)
No Reservations (2009)
Food Paradise (2009)
Adam Richman's Best Sandwich (2012)
24. Katz's Deli was most notably featured in the motion picture When Harry Met
Sally (1989). In the film, the actress Meg Ryan famously simulates an orgasm while eating a sandwich, causing another patron to say "I'll have what she's having!" The exact table has been memorialized at the restaurant with a sign that says "Where Harry met Sally.. .hope you have what she had!" and movie aficionados reenact the scene multiple times each week to the amusement of other patrons and employees.
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 beefare the "best available." Copies ofthe 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 ofthewebpage 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 copyof the front cover of the book is attached as
Exhibit P.
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") as specified below.
29. Plaintiff owns all right, title and interest in and to the trademark KATZ'S
DELICATESSEN, which is the subject ofincontestable 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 offpremises, and which cites a date offirst use of 1890. A copy ofthis 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 ofthe U.S. Registration No. 4,345,240, issued by the United States Patent and Trademark Officeon June 4,2013 in connectionwith foods, namelycornedbeef, pastrami,salami, frankfurters, knockwurst, knoblewurst, brisket, turkey, roast beef, tongue, Romanian salami, pickles, sauerkraut, swiss cheese, novalox, matzoh ball soup, chicken noodle soup and splitpea soup, and which cites a dateof firstuse of April 1,1888. A copyof thistrademark registration is attached as
Exhibit F.
B. Defendants' Unlawfully Competing Acts and Operations
31. Upon information and belief, "Tarek" and Mohamed Salem operated
Adelman's Deli in Brooklyn, New York prior to the infringingactivities described herein.
32. Upon information and belief, Adelman's Deli was permanently closed in spring 2013 due to nonpayment of rent, and at that juncture "Tarek" and Mohamed Salem made preparations to open food trucks and a food cart.
33. Upon information andbelief, "Tarek" andMohamed Salem, theprincipals of
Adelman's Deli, a store with its own reputation and followingin Brooklyn, intentionallychose the business name"Katz& Dogz"forthe food trucksandfoodcartto unlawfully capitalize on the fame ofKatz's Deli.
34. Upon informationandbelief,the Defendantshave registeredthe domainname
35. Upon information and belief, Defendants operate mobile food trucks (the
"Food Trucks"), which display the
"Food Cart"), which also displays the
Trucks and the Food Cart, including a number of food items covered by the Plaintiffs KATZ'S federal trademark registration. The following image is a true and correct photograph ofthe menu of the Food Trucks: 38. The exteriors ofthe Food Trucks and Food Cart prominently feature the menu item "The Reuben Orgasm," and the following image is a true and correct photograph ofthe side of the Food Cart:
10 "ARC VOL) neaDY fop we RCfer/v oPGOim?r Lfs^'
C. The Settlement Efforts ofPlaintiff
39. Upon learning of the Food Trucks and Food Cart in September 2013, Jake
Dell ("Dell"), part-ownerand Vice President ofPlaintiff, attemptedto resolve the dispute with the
Defendants by calling the phone number listed on the side ofthe Food Trucks.
40. Dell engaged in phone discussions with "Tarek" over the course ofseveral weeks.
41. In their initial conversation, Dell put Defendants on notice ofthe Plaintiffs rights in the KATZ's Trademarks.
42. In one ofthese conversations, "Tarek" told Dell that the Defendants' business name was intended to "pay tribute to" Katz's Deli.
43. Dell initially offered $1,500 towards Defendants' costs to take the following
11 actions: (i) change the name from "Katz & Dogz" to a name that did not infringe the KATZ
Trademarks,(ii) redo the exterior ofthe Food Cart and Food Trucks to effect this change(iii)change the name ofthe menu option "The Reuben Orgasm," and (iv) cease use ofall images that Plaintiff believes to be its property.
44. After further discussions, Dell increased his offer to $7,000 to defray the costs for Defendants ofthe aforementioned changes. At this point, Dell was under the impression that the partieshad agreedto a settlementin principle,but he underestimated the Defendants' attachment to the infringing businessname. "Tarek" informedDellthat he wouldmerelychange the "k" to a "c" in
"Katz & Dogz," and this was unacceptable to the Plaintiff. After Dell requested that the Defendants consider a change to a name that was not so close to "Katz's," "Tarek" refused to do so and negotiations terminated on October 22, 2013.
45. Negotiations continued in 2014 between Dell and Mohamed Salem. An agreement was reached in principle whereinno money would exchange hands and Defendants agreed to make certain changes to the Food Trucks and Cart to avoid any likelihood ofconfusion between the Food Trucks and Cart and the KATZ's Trademarks. A draft agreement was forwarded to Mr.
Salem. However, Defendants never signed the agreement, thus forcing Plaintiffto file this complaint to enforce its valuable trademark rights.
D. The Irreparable Harm
46. It has taken over a century ofdedication, 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 Plaintiffhas no control.
12 47. There is evidence that the unlawful activities ofDefendants have resulted in actual confusion amongst consumers asto the source and origin oftheFood Trucks andFood Cart.
48. Thefollowing is a trueandcorrect clipping from theTwitter account ofauser named "James Wanga,"a complete copyof which is attached as ExhibitG:
James Wanga @jameswanga 2 Oct @KatzsDeli is the Katz and dogztruck you? If so, how do Ifind it? Expand
49. The following is a true and correct clipping from the review of the Food
Trucks from the CBS New York website, a complete copy ofwhich is attached as Exhibit H:
The first obvious question is whether Katz & Dogz is affiliated with Katz's Deli, one of the oldest and best delis m NYC.
50. The following is a true and correct clipping from the review of the Food
Trucks from the New York Street Food website, a complete copy ofwhich is attached as Exhibit I:
|w"e asked whether they were affibated wih Katz's Deh on Houston St one ofthe top(ifnottbetDp),defcinNYC Theyarenot affifcted withKatz's, butyou wouldn'tknow it fromthemenu.
Ourfirst oiderwastheReuben Sandwkhfor $12,which iheydisturbingly cal TheReuben Orgasm Guess they're trying to capitalize on thatscene fromwhen HajrvMet Sa«v whichwas actualy filmed n Katz's Dek
51. The aforesaid unlawful activities ofDefendants 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)
52. Plaintiffrepeats andrealleges eachallegationin paragraphs1to 50 hereofasif
13 fully set forth herein.
53. Plaintiffis the owner ofall right, title and interest in and to the KATZ'S
Trademarks, as shown in Exhibit E and Exhibit F hereto.
54. Plaintiffs KATZ'S DELICATESSEN registration, U.S. Registration No.
1684084, is incontestable under 15 U.S.C. §1065.
55. Plaintiff put Defendants on notice of the KATZ'S Trademarks and despite such notice Defendants have continued their infringing activities.
56. The foregoing activities of Defendants violate 15 U.S.C. §1114 (a).
Customers, prospective customers and the tradehave been and are likelyto be confused, deceived and misled by Defendants' actions, and to think that there is an association, sponsorship or endorsement as a consequence ofthose activitiesbetweenDefendantsand the Plaintiff,whenin fact there is none.
57. The foregoing activities ofthe Defendants infringe the valuable trademark rights ofPlaintiff in the KATZ'S Trademarks, for the improper benefit ofthe Defendants.
58. The acts of Defendants described herein were undertaken without the permission, license or consent ofPlaintiff.
59. Defendants' foregoing activities have irreparably damaged Plaintiffand have further caused Plaintiff monetary damages in an amount as yet unknown, but if Defendants' foregoing activities continue,the damageto Plaintiffwill exceed$1,000,000. Defendants' wrongful acts have caused and will continue to cause Plaintiffto suffer irreparable harm for which it has no adequate remedy at law.
COUNT II
14 VIOLATION OF 15 U.S.C. §1125(a) (False Designation ofOrigin)
60. Plaintiffrepeats and realleges each allegation in paragraphs 1to 58 hereofas if fully set forth herein.
61. The foregoing activities of Defendants infringe the KATZ'S Trademarks, creating the impression that the Food Cart and Food Trucks originate from, are sponsored or endorsed by, or are associated with Plaintiff.
62. The foregoing activities ofDefendants have caused and will continue to cause the public to believe that the Food Cart and Food Trucks originate from, are sponsored or endorsed by, or are associated with Plaintiff.
63. The foregoing activities ofDefendants 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 ofthe KATZ'S Trademarks in the United States and elsewhere in the world.
64. The foregoing activities ofDefendants constitute a false designation oforigin, with the intent to cause confusion and mistake, to deceive and mislead the public, and to improperly benefit from the Plaintiffs' valuable trademark rights.
65. Plaintiffput Defendants on notice ofthe KATZ'S Trademarks and despite said notice Defendants have continued their infringing activities.
66. Defendants' said acts violate Section 43(a) of the Lanham Act, 15 U.S.C.
§1125(a).
67. Defendants' foregoing activities have irreparably damaged Plaintiffand have
15 further caused Plaintiff monetary damages in an amount as yet unknown, but if Defendants' foregoing activities continue, the damage to Plaintiffwill exceed $1,000,000. Defendants' wrongful acts have caused and will continue to cause Plaintiffto suffer irreparable harm for which it has no adequate remedy at law.
COUNT III
VIOLATION OF 15 U.S.C. §1125(c) (Trademark Dilution)
68. Plaintiffrepeats and realleges each allegation in paragraphs 1 to 66 as iffully set forth herein.
69. This cause of action arises under the Federal Trademark Dilution Act, 15
U.S.C. §1125(c).
70. Plaintiffs KATZ'S Trademarks are famous as that term is defined in 15
U.S.C. §1125(c). Defendants' acts in infringing the KATZ'S Trademarks for its business have diluted, or are likely to, dilute the distinctive quality ofPlaintiffs marks.
71. 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.
72. Defendants' foregoing activities have irreparably damaged Plaintiffand have further caused Plaintiff monetary damages in an amount as yet unknown, but if Defendants' foregoing activities continue, the damage to Plaintiffwill exceed $1,000,000. Defendants' wrongful acts have caused and will continue to cause Plaintiffto suffer irreparable harm for which it has no adequate remedy at law.
16 COUNT IV
VIOLATION OF 15 U.S.C. §1125(a) (Unfair Competition)
73. Plaintiffrepeats and realleges each allegation in paragraphs 1to 71 hereofas if fully set forth herein.
74. This cause ofaction for unfair competition arises under 15 U.S.C. § 1125 (a).
75. Defendants' acts alleged herein constitute unfair competition and will injure the business reputation and business ofplaintiff.
76. Defendants' foregoing activities have irreparably damaged Plaintiffand have further caused Plaintiff monetary damages in an amount as yet unknown, but if Defendants' foregoing activities continue, the damage to Plaintiffwill exceed $1,000,000. Defendants' wrongful acts have caused and will continue to cause Plaintiffto suffer irreparable harm for which it has no adequate remedy at law.
COUNT V
VIOLATION OF 15 U.S.C. §1125(d) (Cybersquatting)
77. Plaintiffrepeats and realleges each allegation in paragraphs 1to 75 hereof as if fully set forth herein.
78. This cause of action for federal trademark cybersquatting arises under 15
U.S.C. §1125(d).
79. Defendants display the domain name
80. Defendants registered and have maintained the domain name
17
Trademarks.
81. Defendants registered and have maintained the said domain name with the intent to divert customers from Plaintiff.
82. Defendants registered and have maintained this domain name with the intent to profit from the fame and notoriety ofthe KATZ'S Trademarks.
83. Defendants registered and have maintained this domain name despite the fact that there is no one affiliated with Defendants with the last name "Katz."
84. Defendants registered and have maintained this domain name despite the fact that they own no intellectual property rights in any portion ofthe domain name.
85. For the reasons described herein and to be discovered in this case, Defendants have acted in bad faith in registering and maintaining the domain name
86. Defendants' foregoing activities have irreparably damaged Plaintiffand have further caused Plaintiff monetary damages in an amount as yet unknown, but if Defendants' foregoing activities continue, the damage to Plaintiffwill exceed $1,000,000. Defendants' wrongful acts have caused and will continue to cause Plaintiffto suffer irreparable harm for which it has no adequate remedy at law.
COUNT VI
VIOLATION OF NEW YORK GEN. BUS. LAW § 360-1 (Injury to Business Reputation)
87. Plaintiffrepeats and realleges each allegation in paragraphs 1 to 85 hereofas if
18 fully set forth herein.
88. By reason ofthe practices and acts set forth above, Defendants have injured
Plaintiffs business reputation.
89. The foregoing activities ofDefendants are without the permission, license or consent ofPlaintiffand, unless enjoined by this Court, Defendants will continue these practices and acts, thereby harming Plaintiffs business reputation and causing Plaintiffimmediate and irreparable injury.
90. Defendants' wrongful acts violate Section 360-1 ofthe New York General
Business Law.
91. Defendants' foregoing activities have irreparably damaged Plaintiffand have further caused Plaintiff monetary damages in an amount as yet unknown, but if Defendants' foregoing activities continue, the damage to Plaintiffwill exceed $1,000,000. Defendants' wrongful acts have caused and will continue to cause Plaintiffto suffer irreparable harm for which it has no adequate remedy at law.
COUNT VII
UNFAIR COMPETITION AND MISAPPROPRIATION UNDER THE COMMON LAW
92. Plaintiffrepeats and realleges each allegation in paragraphs 1 to 90 hereofas if fully set forth herein.
93. The aforesaid activities ofDefendants misappropriate and trade upon the fine reputation and goodwill ofKatz's Deli, thereby injuring that reputation and goodwill, and unjustly divert from Plaintiffto Defendants the benefits rightfully belonging to Plaintiff.
94. The aforesaid activities of Defendants constitute unfair competition, false
19 advertising and misappropriation as proscribed by the common law.
95. The aforesaid activities of Defendants have resulted in actual confusion between Defendants' Food Trucks and Food Cart and Katz's Deli.
96. The aforesaid activities of Defendants have caused Plaintiff to sustain monetary damage, loss and injury.
97. The aforesaid activities ofDefendants have been undertaken in bad faith.
98. Defendants have engaged and continue to engage in the foregoing activities knowingly and willfully.
99. Defendants' foregoing activities have irreparably damaged Plaintiffand have further caused Plaintiff monetary damages in an amount as yet unknown, but if Defendants' foregoing activities continue, the damage to Plaintiffwill exceed $1,000,000. Defendants' wrongful acts have caused and will continue to cause Plaintiffto suffer irreparable harm for which it has no adequate remedy at law.
WHEREFORE, Plaintiffprays for a judgment against Defendants as follows:
A. Finding that Defendants have infringed Plaintiffs trademarks in violation ofthe 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 ofthe KATZ'S
Trademarks in violation ofthe Lanham Act, 15 U.S.C. §1125(c) and Defendants are liable therefor.
C. Finding that Defendants' actions constitute a violation ofNew York
20 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;
E. Enjoining Defendants, preliminarily during the pendency ofthis action, and permanently hereafter, from:
i. Infringing the KATZ'S Trademarks in any manner;
ii. Misleading the public to think Defendants' Food Cart or Food
Trucks are associated with, sponsored or endorsed by the Plaintiff;
iii. Operating the Food Cart or Food Trucks under the business name
"Katz & Dogz" or any other name that is likely to cause confusion with Plaintiffs
KATZ'S Trademarks;
iv. Registering any domain names that incorporate the KATZ'S
Trademarks or are confusingly similar to the KATZ'S Trademarks;
F. Directing Defendants to deliver to Plaintifffor destruction all promotional or advertising items in its possession that infringe the KATZ'S Trademarks;
G. Finding that Defendants' actions constitute a violation ofthe Lanham Act,
15 U.S.C. §1125 (d) and directing Defendants to transfer to Plaintiff any and all domain name registrations that include the words "katzs" or "katz" including but not limited to the
H. Directing Defendants to account to Plaintifffor all profits resulting from
Defendants' infringing activities;
I. Awarding Plaintiffits damages from Defendants' wrongful acts;
21 J. Awarding Plaintiffthree times the amount ofPlaintiffs damages or
Defendants' profits, whichever is greater;
K. Awarding Plaintiffstatutory damages;
L. Awarding Plaintiffs attorneys fees and costs; and
M. Awarding Plaintiffsuch other and further relief as the Court may deem just and proper.
JURY DEMAND
Plaintiffdemands a trial byjury on all facts so triable.
Dated: New York, New York March 11,2014
GOTTLIEB, RACKMAN & REISMAN, P.C.
Attorneys for Plaintiff
By: Marc P. Misthal (MPM-6636) [email protected] Jonathan M. Purow (JP-0052) [email protected] 270 Madison Avenue New York, New York 10016 Phone: (212) 684-3900 Fax: (212)684-3999
22 EXHIBIT A WASHINGTON, JUNE 2013 Congressional TEUcord
PROCEEDINGS AND DEBATES Of THE 113th CONGRESS INRECOGNITION OFTHE »SW The experienced ©Mitring ftum Katz's Deliis ANNIVERSARY OF KATZ'S part of its aHute. The servers invite their DELICATESSEN customers to be partofthe sandwich making process, trimming and hand-slicing the moat HON. CAROLYN B. MALONEY right befere theireyes. In Inn St is the only OF NEWYORK deS in New York that stf} Trims its meat by tf» THE HOUSE OFREPRESENTATIVES band The classic scene from "When Harry Met SaSy" In 1989 madethe Deli tut even Nil. Speaker, I rise to pay tribute to Katz's greater cultural icon and has inspired many Delicatessen, New York's oldestdelieBtessea, re-enaetors over the years, A sign marksthe or. the <*catfen ef its ITS* Aunlvenmiy. spot wneieMegRyansatwuha signthatseads Since itsfounding is 1888, Katt'a Delicatessen "Where Harry Met Safly." htt been a treasured icon of New York. Originally named tetrad Breton* alter its Martin and Alan Dell and Fred Austin, toe founders, ihc deli w» fldbttkeoeverbyWffly current owner*ofthe dell have stayed true to and Benny Katz in 1910 end the name was the original design and decor of Katz's changed. Renowned fer to deB classics, this Oefieatessea, which makes regulars feel at culinary institution is truly a landmark thai heme andattwetstourists who are looking to defines New York City's LowerEastSide. visit a traditional New York deli It has even hosted four presidents. Open 24 hours a day, Katz's Deli holds a special place in thehistory patrons can always find the familiar menu. of the city. It is located on the comerofEast The signage created overa century ago still Houston andLudlow Streets, in the heart ofa adorns both the exterior and interior. The Lower East Side drat was atthe time abustling welcome sign, which was ordered in the hTmUgraateommuniry. Started inavacant lot, IMG's, simply reads*1Cat2Vrhat,s alL" onHousitsStreet, Katz's began withbarrels of meat and pickles that wen sold to the public. Mr. Speaker, 1eskmycolleagues tojob mein From its inception. Katz's DeK has earned a cdngratulatirjg the owners of Katz's reputation for its exceptional meats aad Delicatessen asthey celebrate the dell's 125* janoSvicbes. Fprniiu^c«joffamilieswhohad anniversary. Ithas along history ofservice to its^grated toliie Lower East Side in the early loyal customers and hasestabhsbed itselfas a lWSiKatt'sDeUwas»welcc^gaaflierinc true NewYork treasure. place. During; World WarII,the owner* sent .care parages to their three sons andadopted %Jogan>end;4 salami to Jipur bojr, J» the C**t^ ;$. ${*&*£ Ps"t.A
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Offidal Website kdiirdchtvm Hour* Mon-Wcd. 8ani-10 4Spm. The. Sam-245dm.Fn. SasHnidn^il. Sal. 24 bora. Son.nidaqdil-itMSpin Nearby Subway Slops F at Second Ave Frio. C7S-SI5 FayaicDt Methods Aatavan Express.MastetOid. Vui S orrial Features Ricakfsjt Brunch- Darty Celeb-Spotting Chaste NY Delivery Good foi Groups Kn-Fncndh Late-NqJM Ormn? privataDtaiasyParlySpace Pus-Fin Take-Old Tut) Appeal Alcohol Beer and Wine Only njeservsiloai AcccplcdVNolNecessary Delivery Area Batten- PI.to I50ih St. FDR Dr lo Weil Side Hwy Fraflle The oldestdcbcUesscn in New YorkCdy (cslibhjhed 1888). Katz's is alsothe only place ia Iowathat stillcanes allt kashas andotherJewishdeb staples.The mualofinicnulnigwitrithe countermen is one of Ihcyen New York experiences One tablea> Ibemiddleof the dmingioombean ansaesaspknaospapersigntaped to its surface: "You aretilling a!the labiawhere Harrynet SaDy."—Slavan A. Shaw Estra Check on Ibe pbolos aadicilitnonialsoa the walk andwaidows. You'D Gndthat Katz's counts amongas fastbful noi jot! BillyCrystalaid MegRyjn butalsoBinClinton aadabag hie of otherworldleaders pastandpresent
Delivery Charge Varies by location, checkwebsitefordetadi slecamncndcd Diihea Pntraiaioa rye. $16.95, kaockworsl wdhbeau.S12.70 Related Slaries Fcalartd In The Dost Plates to Live in NYC Our tulles' ravonltCuio^nH^ a Selected Nesabboihooas (4/19/10) Cheap EatsJ00« How rood Prices HaveRisenThis Year(7/2808) Cheap Fats Guide2006 (aVT/06) nyrn^.carri1lsdngsVrestexrariV>est2s-dHiceAesseYy 1/3 10/3r>13 Katz's Delicatessen- LowerEast Siote-NewYorkMe^ffilneReystaLffanlGude
liter Reviews AVI? RfltinO" Food: 6 "Mixed Reviews" ^-vvg,. iv"iu'6 Services Average Reader Rating on a Scale of 10. 6 Dtkon 5 52% would go back. Bad service aad a loaey qualityof pastrami By Thoma»tiold
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Some lfiats: The beslreviews giveadeartenseof why you Kked ordisliked amutuant, bar, orstore And last means details Mention sptcriics dishes, typeofcrowd, pros andcons lid's helpfullo compare oneplacelo another, goforU Comeup wtihdcvii fhnay.pithy subject lines, andwnle inthe first person Don't foipet lo readihe usesraimgcuiddo nymag.a»TifflstingsArestai* 3/3 1*30/13 BestDetl Plate- Kutsher'sTribeca- Bestof NewYorkFood2012- NewYcrkMagazine BeslolNY Sections [•] Best of MewYork 2012• Eating Best Deli Plate Kutsher's Tribeca f6e Franklin St.. nr. Gmmich St.: 212-431-C606 Don't get us wrong. We still like lo worship, on Saturday afternoons, at tbe ancient temple ofKatz's, and at least once a year, well (land in line with tbe rabble oftourists lo get a taste ofthe bread-box-size sandwiches at Carnegie Deli.But for a quick fix of all the guilt}' delicacies that make deli special, our choice these days is the Delicatessen,which you will find under the "cbarculerie" section at the popular, even posh, new Jewish-American "bistro" Kulsber's Tribeca. Order the "works" option and you will receive strips of"spicy*salami, slabs of duck aud deckle pastrami, which are pliably' soft but weirdly unfatty, and little lozenges ofsmoked veal tongue Ihe color of pink roses. You can complement them with all ihe usual fixings (mustard, rye, pickles), but if you're tee-lingbold, wc suggest a dab ofthe bouse horseradish atoli, which is leavened with capers and a gourmet :!'(*«(. lunnv i,n> Nr* \;ii ItiLiiin.l helping ofshallots. Sec Also Adam Piall 00 Kulshcr's Tribeca ConJewish Food Go Upscale? NextiLarb Frrxn tha 2012 tel ol teaw York neue cf Now York Magaina iif¥vi^iBBDsaM^B^R Copyiighl v 2013 NewYork MadiaLLC All RightsReserved nyrnag .comft»Kloty(orjd/2012/de(i-riate/ 1/1 EXHIBIT C 10Y30/13 Katz's Dell cerebrates 125 years ofdoing sanrMches right- NYDailyNews WaerMaday. October SO.2019 STYDailyKsvn.ceca /food Follow SION IK news poftics sports showbiz opinion photos video autos Monetlntoy HEALTH HOMES HOROSCOPES COMICS SOAMES UMHSPKS FASMOHPtCS BUMS FOOD Katz's Deli celebrates 125 years of doing MOST POPULAR sandwiches right MOST REM) MOSfStUflSD Tha legendary aula ry'where Hanymat Sally" — which aarvaaup heaping pMesof meat—stalled as 1 the Iceland Brothers at the comer ol Ludlow and Houston Sis, In 1MI. Celebritychefs serve up fancyfstl foods using McDonalds ingredients t'ommml* (IK) 2 Eats Btat Galyourcounty food fixat Roubles BYRICH SCHAPIRO / MEWYORK D/MLY NEWS 3 La Carina Reelaurantrauaw ThURSCKY UAYM 20 IS 947 fw 4 Kombuchj is the mat big Hung in crobtotef MO 24 1 5 McOoneM s cuts HSsu kalchup Ms after dOyiar* 6 Snake Venom tie worlda strongestboar 7 ScienHls intejnt newgotar-trsa bear 8 Once in a lifetimeoverlapBusyear creates now culinarycombos and cuhurat matntipt 9 LKsaentslcreates formula for parted pun 10 Todtt.ticmtd Magic Raskcom Can)Ma California RESTAURANT REVIEWS khebod's Inour cityteeming with constant sbmiiascri somakmas a loud homemade maal—assail not from your home—is r*v"2HA«BrC»4Mr«VlrTC>lllCa«ll I HFW5 lullwhet In* doctor Tha character and nostalgia complainant Hit meaty aarvdwkhasal Katz'e Dall at Ludlow and Houston Sax, which has conrtnieed to draw aolld bualnaaa atnce 1SS8. Cutt ft Platol Chat Dave Seigal doaan'l nam lo sen lor Whan ihc iconic Kalz'a Dak opened Graver Cleveland was President and the New York Giants compliments—his baseball team was playing at ihe Polo Grounds. Crwlsea Marketoyslar bar is a wmnsr. Morelhan a century later. Katzs is sbl sitting on tha soma tower East Skis corner—serving up heaping pies of pastrami to hungry throngs of MewYorkers, tourists and celebrities. Greenwich projact GresnwicnProjectatnvea lo bland a high-conoapl ear scan* with oqualy ambiboua food So tar. tia rood is winning out Prospect Kyi* McClelland, who launched rue careerat a teenager conjure* ays- popping parlo/mances al Pros peel from rsa access***, topnotoh Tha Ganaral AfteiwmningseasonSir** ol'TopCnef. baby-teced HungHuynnmans no apologias about loung the limelight wrvw.nyrWlynevss.coni1itr>sryle/eatstate 1/9 10Y3GY13 Katz's Deli celebrates 125 years ofdoing sarxWches right- NYDaily-New Pearl and Ash Dmnar at this Nokia rvawcomertsuk** sca«ng«r hunt There are ptsnijfotdramalic. baaubMly crafted«*J* l*w*ls. Bultwyraounad Portsdo Hamad fo r tie natrvas of Argankna's capital Buenos *r»s,thi« erraic ejboil coryWeaiCheiaaaapot hat been seemmoly ousUaclwim two saperat* Union Square Cafe DannyMeyer* flagstup spotwill aoon reach the twUlflMMCrOUKSlEVJ V0*K OS*' OCH.' npe old aga of 30. end is mora haggard than Karz'a,the lowar Eats Sid* eatery, ha* been a*rvlng as a lats-nlgM haven to hungry young New happening York*r* for dacades. Tha famous dencatasaan is celebrating 125 years n business Iht*weekend. Tha Beatrice Inn Long before he ran Vanity Fair Grayaon Carter edited "People come hare fortha food that's for aura, but thai*'* ahw the nostalgia.' said Katrs third- Spy a spectacularlyvicious generation owner Jake Del. momhlythatmercrlessly mocked Manhattan's nch powerful and obnoxout Andanada 141 In Spanish, the word 'andanada" has multiple meaning,a Scan mean the cheap easts" *l a bullfight or it can bo 'bombshell as in lo drop one Andanada is t*V 1ST CfTY APPIN THE WORLD! Now, SWJPE between articles! mnuMDb mumwm tun MvanECNEwvoiw om.v wins The Iconic dell baa hardly changed through the yean, sticking wish the hearty meals New Yorker* PHOTOS: KATZ'S DELI THROUOH THE YEARS F0QDVIDE0 'They want to be transported back to the Aral time they came into the restaurant.... Everything's exactly the same way as it waa when wa first started.' wMiyftetynw.a3nti\1e-styel&llsMn.-tei-ceitbtsie&-l2S-years-pa$u-arr*-artide-1.1350283 219 1GY3GY13 Katz's Deli celebrates 125 years ofdoing sardi*lches right - NYDaily News Pliesof tasty bear put amII**on dlwra" chop* at fetz's tall m Houeton St tnwrito rf a brine dirring aiparlenca. Kali's opened its doors on Ihe comer of Ludiowand Houston St*, in 1858 under a different nama. Iceland Brothers. The caste of kosher rood quickly turned inlo a neighborhood kwutution in what was then a eonYnunhy brsTsrungwith Jewish imnigranta. w«w%nyuUlynav«^cc*^^ 1.1358283 3/9 1IV30Y13 Katz's Deli celebrates 125 years ofdoing sartinlches right- NY Daily News tJIkViU HM«X34i»HFr> (o*» 0611 »«*.«r. Kit's DaIIaerve* 16,000 pounds ef pastrami every week. The eatery's name was changed to Kali's bi 1910 after a man named Benny Katz bought out the Iceland brothers. RELATED: FOOD TRUCKS COMING TO BARCLAYS CENTER ltt.At)n*,*rvmiinnzu, 'tr}nv ^*IL* **-*UT In When Kerry Met Salty,' Meg Ryan famously fakes an orgasm whll* enjoying Katz's meat Katz*franksand beans became the sluff oftore — bul dwasn't until the infamousMeg Ryan fake orgasmscene inthe 19B9Nm•When Harry MetSaty' lhat Kalxs became a pop culture A neon aignthatreads"Where Harry met Saly ... hope you have whet she hadl" hangs above Ihe table where the scene was timed. wvwv.nydaityr«2vw.«)nv1i»M^ 479 10V30V13 Katz's Deli 125yearsof doing sandwichesright- NY Daily News KWDSCHJll B*VK> NEWIOnKDAIt.' Itwj Tha signature lunch dckets al Katr*aDell, where Harry met Salty 20 yearsago. Almost once a week, customers wS try to imitate Ryan, drawing cheera or twos depending on Ihe quality of the performance. Oef said. Kate's serves up a rrroinVwalenrig mountain of meal every week: 15,000 pounds of pastrami: S.OOO pounds of corned beef and 4,000 hot dog*. vww*nyrMynev6.wa"TVlif(ssty 5/9 10Y30/13 Kab'sDdlc«iebratBs125ye^scfcJolng ssndrviches right- NY Daily News WE flRat^fltfOIJS r-»:^V€{t-?^T'.VHl^!CH IN w Katfs tall t*an Insfltubon ef llatff, opening In ISM ae Iceland avnOMns before being bought by Benny Mali In 1110to serving the plethora of Jewleh Immigrant* In the neighborhood. RELATED: STUDY SAYS SUBWAY NO HEALTHIER THAN MCDONALD'S And a steady stream of bold-faced names has filed the 355-aeat dek over the years — four US. President* among them. "SMEP.T roiw.iiud-ncv, roam BAH V **L«n Katz's Dell al the comer ef Ludlow and Houston St*, is a local favorite and a must-vtah. BuiCbnIonput on b shocking displayof catorieconsumption during one vied,when he scarfed down a pastrami sandwich, two knathes. two hot dogs, a aide of French fries and two Dr. Brown sodas. Dell said. "Andthan, when he was done, he was all racking off the pines of die Secret Service agents." Dell recaled. TouristCarol RodvaD fofowed Cknlon'stoadon Friday, scoopingevery laatpiece of pastramioff of her plale and easing Hinto her rnoulh. "It's so tender it's kke butter." gushed Rodvefl. 57. of Chartotle. NX. Katz'sanniversary catebralionkicks off Friday, witha charitydinnerhosted by three top chefs who wal put trior own spin on the deli's culinary delights VMwjTy^lyr»w.rarrr1ite-sty 6/9 10/30713 Katz's Dell celebrates 125 years ofdoing sanAviches right- NY Daily New [email protected] POST A COMMENT » DAILY NEWS READERS ALERT Gang forward, the Dally News will require user* to enter full names In order to comment on atones. W* arealways seekingnewwayslo improve, yourexperience andwe knowIts*changewin only make our D*h/ News ccrnmunily better. COMMENTS CtannentallH) SpeAll Comments [llist'UwiiunCiuidelirji-fi J 2fARQOnt£ 142cays aoo Meat is Murder. Reply MAf«CtX>Ha.TO 152days aeo My gi and pa used In tell me how br loved Katz's when be was a Tusbrarl Pcle'and when he had a leu extra dollars in his packet, he'd walk uvcr there lot a I'avl1amisandwich and a cream soda. Years liter whenbe Ined in Nassau and we'dorder from ihe localJewish deli,he'dsay, "Itm is-a nk. but il's-a on kali's'" RepV MBSJMTROIOSS lUdsysasje .1 Theyreally needInsprucethatplace up ..bcinjoldasit is.it in probably a roach, ratandbug uieltniari-. .fuud Uguiid though... M*JZBBiS2deyte«c ♦, 1was raised on Ihe I-owrr EastSide and now make my hunic in the South. IS c traveled all ov rr vs*wv.ny*ir>ne\r«.conVlife-sty;eteitsJVatc-(W 1.1359283 7/9 10/30/13 Katz's Deli celebrales 125years of doing sandwiches right- NY DailyNews the world and bave) rl lo find a place that makes * belter tasting 1'aslrami un Kye. llappv Birthday Kali! Vou are Iructy t neighborhood Icun and I wish your establishment runlinurd success... FYI for you readers. Katziahaving an allyou can cat Pastrami [hisSunday 2 June frnm 1200 til! 2P.M. P.8.Thank* sir the culinary rnemoriee! See vail when 1come bai khoiur in August! 0ERALDS6 152 days ago its lust nut as Rood as it once was. hi term* uf quality and value ate*/ 1 npl. HAIRY POTWEAO 1S2 nays too Thais whatSHKsaid. Rat*/ HAIRY POTHEAD IS? daya age MajelTov! SICK OF THE UES l52Uyaape ♦? KatiWTbeBKn'!!! fieotf j reflux MCB.V1S 152 days ago 0 Kali's is great, but I like Carnegie's just a little mure. Rtprr 1 rcrlv laArtCOONATO 1S2days son 0 Pasliatni King on Queens Blvd across frum the cuuils . .thai place was an insliluliuii, and lines uul Ihe dour al lunchlimr 4TH* 17 iS2o*ysaao »i waubwww.thelaslirwuhwailer.com very funny davis manheim who work."there «epy OLDOOG 162daya ago »3 A pasuami sand frum Katz a cheese cake Irum Junurs in Bruuklvn and 1 teul Coney I stand hul dog. (duwn here in Richmond IVe seen people put mayo and Kelchup on hot dugs? ) I'm gelling in my wheelchair leaving Richmond and heading up I-05 RscV PATPJCMSUMNER 15?days son .1 From uoe uld dm to another you know ynur food. Ju«l went lu Katz* last ncekand il'» still as great as it has been. The first lime 1tan remembrt guilts lo Kat7'swith my talhcr anil iuungvr siMcr we bad a hul dm [or abuul tillccii cents I ni certain that's all he could alTurd. r.nydellyrssviis.wrr»1iiV^ e/9 10/30/13 Katz's Delicelebrates 125yearsofddng santfvviches rlglt- IVY Daily News Rtptr MBtlSl dayaago "2 One oflhr lew things I miss ahuutniuvuig south is trying togeta decent pastrami nil rye I miss Katz. Itopty taajtCtXMATO 192 days ago 0 Out here in A/. I have to settle fur a placecalled Chumpic'i,, a chain owned by the Burentsein lamili wbu relocated uul here years ago frum Forest Hills. II's noi had and they do a decrnl job in recreatingIhe atmusphcre of a real NY Jewishdeli,but just not the same. Reply Sr^-v, nwre uirr.meiit* UVf ol ril *abli# lqn4w\ you. aprernrrl 10the Terns c' Sfv Vw«v.nyrJailyTWV6.«xiVliP>stAleteats^«tz-W 9/9 EXHIBIT D WE ARE FAMOUS FOR IHE WE ST SrtNDWICIilNTOWN / ! I GREAT RECIPES & Tr aaitions iron" bySHERYLL BELLMAN; EXHIBIT E Int. CL: 42 Prior U.S. Ob.: 100 and 101 Reg. No. 1684084 United States Patent andTrademark Office R^rei ApV nltm SERVICEMARK PRINCIPAL REGISTER KATZ'S DELICATESSEN KATZ'S DELICATESSEN OF HOUSTON OWNER OF U.S. REG. NO. 1,610,199. STREET, INC (NEW YORK CORPORATION) NO CLAIM IS MADE TO THE EXCLUSIVE 305 E. HOUSTON STREET RIGHT TO USE "DELICATESSEN", APART NEW YORK, NY 10002 FROM THE MARK AS SHOWN. FOR; RESTAURANT SERVICES, MAIL SEC 2(F). ORDER SERVICES FEATURING FOOD PROD UCTS AND CATERING ON AND OFF PREM SER. NO. 74-164.J51, FILED 5-9-1991. ISES. IN CLASS 42 (UJS. CLS. 100 AND 101). FIRST USE 0-0-1190; IN COMMERCE 0-0-11*0. ALAN ATCHISON, EXAMINING ATTORNEY •5 •"**' EXHIBIT F mHti fttate* of Smer,w V^* Wnitel) fctate* patent on* tfaatoemari. <*Wfite *-*# KATZ'S Reg. No. 4,345,240 katz's delicatessen of Houstonstreet, inc.(newyork corporation) 205 E HOUSTON STREET Registered June 4, 2013 newyork, ny 10002 Int. CIs.: 29 and 30 FOR: FOODS, NAMELY, CORNED BEEF, PASTRAMI, SAUMI, FRANKFURTERS. KNOCKWURS1, KNOBLEWURST, BRISKt1,TURKEY, ROAST BEE*,TONGUE,ROMANI AN SALAMI, PICKLES, SAtJERKRAUT, SWISS CHEESE, NOVA LOX. MATZOH BALI. TRADEMARK SOUP, CHICKEN NOODLE SOUP, AND SPLITPEA SOUP, IN CLASS 29(U S. CL 46). PRINCIPAL REGISTER FIRST USE 4-1-1888; IN COMMERCE 4-M88K. FOR: FOODS. NAMELY, MUSTARD, RYF BREAD, RUSSIAN DRESSING. KN1SHFS, BA GELS, DULY. CHEESECAKE. RUGELACII. DABKA,AND BLACK ANDWHITECOOKIES, IN CLASS 30 (US. CL. 46). FIRST USE 4-1-18B8. IN COMMERCE 4-1-1888. THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR TICin.AR FONT. STYI.F, SI7F, OR COLOR OWNER OF US REG NO. 1.684,084. SFC 2(F) SER. NO 85-580.789, FILED 3-27-2012 DANIEL CAPSHAW. EXAMINING ATTORNEY 4Mb* l*Wrt» *a»IV*4Sj*i Mf« M4 Tn*nmk OAn REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE DOCUMENTS BELOW DURINGTHE SPECIFIED TIME PERIODS. Requirements in the First Ten Years* What and When to File: First Filing Deadline: You must file aDeclaration of Use(orExcusable Nonusc) between the 5lhand6lhyears afterthe registration dale. See IS U.S.C. §§1058,1141k. Ifthedeclaration is accepted, theregistration will continue in force for theremainder oftheten-year period, calculated fromthe registration dale,unlesscancelledby anorderofDie Commissioner for Trademarks or a federal court. SecondFiling Deadline: You must file a Declaration ofUse (or Excusable Nonusc) and an Application for Renewal betweenthe 9lhand 10th years aftertberegistration date.* Jta?15 U.S.C. §1059, Requirements in Successive Ten-Year Periods* What and When to File: Youmust file aDeclaration ofUse(orExcusable Nonuse) and anApplication for Renewal between every°th and lOth-year period, calculated from the registration date.* Grace Period Filings* Tbe abovedocuments will be accepted as timely if filed within six monthsafterthe deadlines listedabove with the payment ofan additionalfee. The UnitedStales Patent andTrademark Office(L'SPTO)wil NOT send you any future notice or reminder ofthese filing requirements. •ATTENTION MADRIDPROTOCOLREGISTRANTS: Theholder ofaniniemational registration with anextension ofprotection lo the UnitedSlates underthe Madrid Protocol must timely tile the Declarations of Use(or Excusable Nonuse) referenced above directly with the USPTO. The lime periods for filing are based ontheU.S. registration dale (noi Ihe international registration date). Thedeadlines and grace periods for Ihc Declarations of Use (orExcusable Nonusc) arc identical to those for nationally issued registrations. See 15 U.S.C. §§1058,1141k. However, owners ofinternational registrations donotfile renewal applications at the USPTO. Instead, tbe holder must file a renewal of the underlying international registration at the International Bureau oftheWorld Intellectual Properly Organization, underArticle7 ofthe Madrid Protocol, before the expiration of each ten-year term of protection, calculated from ihe dale of ihe iniemational registration. See15 U.S.C. §1141j. For more information andrenewal forms for Ihe mteniational registration, see hllp^/www.wipo.int/madrid/en/. NOTE: Fees and requirements for maintaining registrationsare subject to change. Pleasecheck the USPTO website for furtherinformation. With theexception of renewal applications forregistered extensions of protection, you can filethe registration maintenance documents referenced above online at http://www.usplo.gov. Page:2/RN*14,345,240 EXHIBIT G 10/22/13 James Wanga (jameswenga) on Twiner Search 1 Have an account? Sign Ire Tweets Following Followers Favorites James Wanga I i:.u @jameswanya New York Ciiy NY th*jtiigiic.l<'.elf.coni Follow James Wanga Full name Email 58 52 47 Follow TWEETS FOLLOWING FOLLOWERS Password Sign up Tweets James Wanga ©Jameswanga 10Oct Photos and videos ©GetMakeSpace Just, wow! Signed up today, this is brilliant! Expand James Wanga ©jsmeswanga 2 Oct ©KatzsDeli is the Katz and dogz truck you? Ifso, how do I find it? Expand James Wanga @jameswanga 2 Oct Picking a Startup Lawyer in NYC - Matt Mireles !'^ll--P'iiT'i"l J'-Jj 'i-'IT,r:ij'IJr,j.-:.''pli.T 11 Expand James Wanga ©ameswanga 15 Jul Worldwide Trends Change ©SalamanderSauce and your lifeif is complete...Ifyour lifeis about Celtic - Ajax hot sauce anyway. Aj.-r;)! • ..'!•*'•» i.i J Expand Sett Sim #JeVeuxPar ©2013 Twitter About Help Terms Privacy James Wanga ©jameswanga 28 May Cookies Bloo Status Apps Resources Jobs @NASA_Phonesat is any of your test data public. Specifically Ads Advertisers Businesses Media radiation tests? Developers Directory Expand James Wanga @jameswanga 17May A sexy mud guard! - The recoiling bicycle mudguard on @Kickstarter view media https^/NHer.companieswanga 1/3 1022/13 JarrBsVV^aOarneswanga)onTvvitler James Wanga ©jameswanga 29 Apr Best damn hot sauce evar! :•-• '•'• M>r^b View media Jamee Wanga @jameswanga 26 Apr Forty-Eight Hours at NASA's BiggestHackathon | Motherboard motherboard.vice.com/blog/forty-eig .. via ©motherboard Expand James Wanga @jameswanga 11 Apr Hey ©indochino, if yousolda suitwith a mandarin collar, Iwould give you all my money. Expand Jatnes Wanga ©jameswanga 31 Mar Developed the ©hbogo @xbox smartglass app for ©GameOfThroneswith some brilliant colleagues. Feels good to set it free. Expand James Wanga @jameswanga 13 Mar This Man Thinks He Never Has to Eat Again |VICE United Kingdom vice.com/en_uk/read/rob... via@ViCEUK View summary James Wanga @jameswanga 13 Mar Deep BeliefNetworks are makingneural networkssexy again tjak6.grtiiub.camfblog/2013/02/l via ©tjake Expand James Wanga @jameswanga 3 Mar ©Parselt Would love to be able lo access files over ssl Expand James Wanga ©ameswanga 8 Feb I'm teaming design on ©HackDesign - an easy to follow design course forhackers who do amazingthings, hackdesign.org/courses? ref=tw. . #hackdesign view summary James Wanga ©jameswanga 27 Jan Ijust downloadedThe Ultimate Guide to A/BTesting '.. ;lc:'.;./j- bit ly/ultimate-ab Expand James Wanga @jameswanga 21Jan BootstrapCDN: Twitter's Bootstrap hosted on NetDNA's Content Delivery Network bootstrapcdn.com via ©jdorfman Expand James Wanga @jameswanga ti jan @grthub Icommit twice as much code since the contributions matrix started mocking my sloth. Well played. Expand James Wanga ©ameswanga 5 Jan RESTed - itun.es/us/f_vjz.rn - Brilliant tool for testing RESTful services ;;-; ,*«.,. .,om/tOZfplTx ;'!».-»• https7/^lter.conY]artiesvvBnga 20 10/22/13 James Wanga tjarneswanga) on Twitter haps^/Wtter.rxxrVjaiTeswanga 3/3 EXHIBIT H 1072/13 NYC Food TruckLurch: Pastrarri On Rye FromKatz&Dogz Truck* CBS NewYork ®CBS ®2 tfftMvsmm j_\ Search ***fi«d° •if); Ijkf "f,f Nf *-lel(Bt% lOO.N =t G(STE(* Hews Sports Be$4 Of Health AuD't PLices i,cf/«( OcsU Autos- Circuiafs Lsirsi B*";3( cf KrV Arts. & Culture Shopp«r.$ o Stryie Rxxi & 0*.o N^fui'fe & Musk: i"«rn Lte 6 3 Perry, /he vofce ooflind Wew Yo/* Street Food. |j brings you his latest review on New York City food trucks. NewYork City is known as the "melting pot" because of al the immigrants coming here from Boomer &Carton's Pig Roast at the.. around Ihe world,enlivening and enriching Ihe fabricof the city. Vwtile NewYork City has cuisines from allover Folow CBS New York the world,there are sill some quintessential cily .££?§»* CBS New York Filed Under foods. One is what people refer lo as 'Jewish soul food", or deB. Bailor. CS/Ua Thai's what is served by the latest NYC food truck wb are reviewing, m Uo 51SS7 Related Tags Katz &Dogz Food trucks. Katz S Dogz. latch The firstobvious question is whether Katz &Dogz is affiliatedwith Folow fCBSnawyork 35.1K(oJrjwars Street Lunch Katzs Deli, one of the oldest and best delis in NYC. The answer is a resounding "no," but they are affiliated with Adelman's Deliin Brooklyn, who are no slouches either. At Ihe lop of Ihe Jewish soul food list | Follow More Stations and Personalities are pastrami and corned beef. Our LATEST GALLERIES personal preference has always been pastrami over corned beef.Of t course, this cuisine wes brought over by immigrants too, Jews from Eastern Europe. This is our heritage, and the food of our chMhood. so we have a soil spol for It. Katz &Dogs opened recently with both a food truck and a food carl, and on the side of the cart il says "The Pastrami Cart." Who are we to lurn down one of our favorite foods, a pastrami sandwich for $10? Boomer t Cartoon Pig Gov't Reopens After Korean Taros Haul Shutdown Pastrami comes from the Roumanian word "pastrama", which • d • a describes their method of curingor salting meal. We learned (his from Ihe Tour Guide at the Lunch Hour NYC exhibit lhal was at the NY NEW YORK CITY GUIDES new-)Wkrt»lccal.Mrnf2013/1Cr'11/Tiyc-ibrjr>trur*runcrvpastran1-crvrye-frcrn- 1/3 10722/13 NYC Food TruckUsich: Pastrami On RyeFromKatz&Dogz Truck«CBS NewYork Public Libraryearlier this year. Food & Drink The latest on New York If NYC Is famous for its deli sandwiches, it's infamous lor Ihe size of City's diverse dfaint, Ihese sandwiches. Al the great NYC dels serve overstuffed scene: Restaurant sandwiches, and this one was no exception. Our sandwich was openings, the best meals, and tun takes on food. approximately 2.5*tall. As they say. size isn'teverything. Al that meal wouldn't make a Nightlife & Bars Prom eventctothe difference if it wasn't so delicious. Litest cocktail creations, all you need lo navigate The pastrami was nice and molsLwithan unrrislakeable brinetaste, the extensive NYC and a peppery edge around the meat. Allit needed was some nightlifescene. mustard and rye bread, and we had a great sandwich. Family & Pats Plan s weekend getaway with the kida, share tipswith fellow parents or rind a (roomer that suilsyour pooch. Unfortunately, we werenot crazyaboutthe side orderof potato salad that came with lunch, bul that's a minor issue. Nasi lime well ask for cole slaw. The sour picklespears were appropriatelytart, as Ihey should be. making our mouth pucker. Katz&Dogs doesn't seemto have the Twrtler thingdown, bul you can find the cartdally on 47th St between Park&Madison Aves. The Uuck schedule is as follows: Mon-S2nd&6lh Tues - 23rd & Park Wed- 22nd & 5th Thurs-46th&6lh Fri- WMiamsburg, Bedford St between 4lh &8th SI, depending on parking. If youlike Jewish deM. you should likeKatz& Dogz, Evenifyou aren't crazyabout pastrami or corned beef, Iheyalso serve Hebrew National hot dogs, which we also love. They even have Dr. Brown'sCherry Soda in Ihe case (bul we didn't see Cel-Ray. IfDr. Brown's Ihey stillmake it.) New Mark Search newywkcbslocgJ.conV2013ftaft1rTry>f^ 2/3 1072/13 NYC FoodTruck Lunch: Pastramt On Rye FromKatz S Dogz Truck«C BS NewYork FROM AROUND THE WEB WE RECOMMEND Seahawks give up a first-half touchdown on Lawsuit: Carnegie Deli Owner's Husband kicksliess field goal debacle (SpansSiusireisd) Gave Mistress Sweetheart Deal On Apartment 8 Must-Try NYC Brunches For Fall (Zagat) Have You Seen A Stolen Pink Food Truck Georgia Teenager Found Dead in Gym Mat, With Scantily Clad Woman Painted On It? Missing Organs (First to Know) Man Caught On Video Punching Woman Ten College Majors That Will Guarantee You After Jets Game a Job After Graduation (Education Portali 3 Injured When NJ TRANSIT Bus, Car Collide 10 of the Best Food Secrets Around New In Southern N.J. York City (ZaaaU Stories From Main Street Furniture America's 25 Douchiest Colleges <60Magazine) Sharehouse In Westchester County State Comptroller Orders LI School District To Stop Running Large Surplus Rseemmsndao by Ghouls. 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Carlon Mike Francesa Joe i~ ffvan Sieve Sorrier* Boomer OCBS 6 Carton on MSG On-Air Schodule Streaming Schodule C2013C8S Local Media a dwoion ot CSS Radio he Alnghis resBrftd Contact US CBS2 1010 WINS WLNY-TV WCBS880 WFAN Contact Won Editor CBS NY MUSiC Sites 92.3 NOW Fresh 102.7 WCBS-FM 101.1 Corporate About Uf Advonise Business Development Contact Mobile- Connect Nt'W I'l-rit1 Business Listings TermsolUsa |PrwacyFoley |AdOTc«e* |eEORaporu joaak |WCes-TVPiUieFda |VU.rrY-TVPuMcFie Km ered by WirdPress.comVP nev*yorkctelocal.a)nV20ia'1u711/^ 3/3 EXHIBIT I 10/22/13 NYSF First Look Katz &Dogz | New York Street Food New York Street Food The Best Street Food inNew York and Beyond « NYSF Is Back WilliLot? OfNew Food Trucks ft Carts NYSF Inspires A Food& Music Blog » NYSF First Look: Katz& Dogz (credit: NYSF) It's anembarrassment thatk took so long for NYC to nrtalry come up witha food truck thatservesJewishsoul food. We've made several visits to theCanters Deli Truck inLA, butNYC iswhere delicatessen originated, and isthe spritual home ofdeL Katz& Dogzhitthestreet about a month ago, buttheystffl don't have a twitter account, and we've beenoutoftown for the past2 weeks, so they flewunderourradar for a little while. Buttheyareon ourradar now, andwill be for quitesome time becausewe bve deli! Katz & Dogzis not kosher,they are kosher-style. Forthe norr-Semtic, this meansabng with pastrami, cornedbeef, HebrewNational hot dogs andseveraltypes ofknishes, they alsoservereubens, whichmix meatand cheese. We askedwhether theywereaffiliated withKatz's Deli on Houston St, oneofthetop (ifnotthetop), delis inNYC. Theyare not affiliated with Katz's, but you wouldn't know it fromIhe menu. Our frstorder wastheReuben Sandwich for S12, which theydisturbingly call The Reuben Orgasm. Guess they're trying to capilaEze on Ihat scene from Wlien Ham' Mel SpIL), whichwas actually fined inKatz's Det We prefer pastrami and Russian dressing onourReuben, although lotsofpeople like itwithcorned beefandmustard. rie^^ia1ieeikX)ci.cow/i50S2/^MTal-\od^r\iatz- (credit NYSF) We loveKatz's Deli, butthe prices atthe Katz & Dogztruckarecertainly gentler. A pastrami sandwich isS10 vs. $16.95at Katz's. A corned beefsandwich isalso $10 vs SI 5.95, andthe Reubenis $12 vs. $17.45 at Katz's. Lotsofpeoplecomplain that prices at food trucksarenotcheaperthantheirbrick-and-mortar counterparts, but at Katz & Doga,they are. Whilethe sandwiches at Katz & Dogzmay not be quiteas thickas the sandwiches at Katz's Dei they are stiO prettydamnbigby any measure. We measured ours at about 3" thick! Not onSy wasthere a lotofmeaton thesandwich, butit wasjuicy, witha decentamount of(but not too much) fet thataddedto the overall flavor. The pastrami also had a nice peppery ring around theedgethat spiced upthe proceedings, and youtaste a tight brine onthemeat The main course isobvbusrythe sandwich, but it also comeswithdill pickle spears anda sideorderofmacaroni salad. (credit NYSF) Oneofthe other things we bve isa kasha knish ($4),butmat's waytoo much food for one person. Oursuggestion isto split a sandwich and a knish with a friend or co-worker for lunch. Anotherwayto go isto geta tastyHebrewNational hotdog anda knish for lunch. ne«fxto\r**kri.(^450mifiLllr&Ha(*r) Mon- 52nd & 6th Tues-23rd & Park Wed-22wl&5th Thurs-46th & 6th Fri - Williamsburg, Bedford St between4th & 8thSt, depending on parking. You know we wiD be backto Katz & Dogzas muchas possible. We grewup on deli It's partofour heritage as a New York Jew. Theynay notspeakEnglish particularly wel onthetruck, buttheyserve a top-notch Reuben sandwich! Tip"*! (credit:NYSF) Be Sociable, Share! Tweat 11 Lite 5 0 Shara Tags:Katz& Dm*. NYSF First Look This entry was posted on Monday, September30lh.2013at 1205 pm and is filed underiMl. loud Trucks. NYSI- Firsi Look. Street1'ood You can follow any responses to this entry through thcft^S 2 li feed.You can leme a response. orti.Kkhaik fromyour own she. Leave a Reply Name (required) Mafl (willnot be published) (required) rmififatretifooiLcoiri480B2topi-tirs^lookto-doa,zl 3/15 10/22/13 NYSF First Look Katz &Dogz | NewYork Street Food : Website Security Code: Submit Comment j FIND NY STREET FOOD NEAR YOU #>" • j,%,1# WCg/|VtoC«,< M«jtll rj «^jfc'I :. - MOBILE MUNCHIES . FIND STREET FOOD IN THE U.S. & CANADA • • Categories o Africa ° Appi o Arepas r»wyixt8s-eelitod.conV45062^ 4/15 1»22/13 NYSF First Uxk Katz &Dogz | NewYorkStreel Food o Ashevillc ° Alfcmto 0 Aistin 0 Australia 0 JMiima- ° Banh MiNuiti Paiit! o BBQ-'S«>tflmi ° fiekjjan o acnctiia^'lain> o Bostonl amhndge 0 BiiialaiD ° Breakfe* 0 Brooklyn o auffilte o Biargem ° Ourlaaaoii y I o Bikbicm.. 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Events & Conventions o Food Stands newryortalre*tfDodcomf4K)6^^ SK 10/22/13 NYSF Rrst Look Katz &Dogz | NewYork Street Food o Food Trailers ° Food Travel ° Food trends 0 Food Trucks ° Erange o Friday's Recipe 0 FriesfiHes 0 qemiaiyAusiriajn o Greek/Gvros o Green food o Prilled Cheese ° aafej ° Hawaii o Healthy street food ° Honorary Street Food 0 Hot Dof>/Sausage/Wurst o Houston o Ice Cream/ Ices o Indian o Indonesia ° Italian o iamakaj] o iafians££ ° Korean ° Koslier o Las Vegas o Late Night Eate o Lists 0 Lfinrjoj) o Los Angefes ° Macaroni & Clieese o Madison Wl ° Malaysian 0 Mediterranean « MejifcaD <> Miami'SouthFL o Middle Eastern o Minneapolis ° Miscellaneous ° Mobile Munchies ° N_a£hyjlk o New Haven o New Jersey ° New Orleans o NYSF Book Revievy o NYSF Featured Vendor 0 NYSF First Look 0 NYSF Guest Post • NYSF Walking Tonr ° BakJsiaiii o PhJIadebhia o Philippines ° Polls newvwtalreetrbod.c^45062/n^ ms 1022/13 NYSF FirstLookKatz&Dogz | NewYorkStreet Food EoUJajQd Promotions Queens recbes Salt Lake City San Dieep San Fninciscp Sandwiches Ssafik Singapore Sliders Soup South Africa South America Spanish SpecialtyCarts St. Loins Steak Strange street food SOSSLM S&eelEalS. Sfreel Food Street Food Feuds Street Food Safety Sumnierstflpe Sjshi Tacos Thai Tibetan Today's Lunch TravelTips Turkish TV proerairts Vancouver Vepan^Vegetarian VendrTV Vendv Awards video Vietnamese Vbtage street vendors ° WashingtpnPC o ^e/JdJQgg GET THE NYSF APP iPhone-iPad-Android ne^l«lreetfood.comH50B2^f-f^ 7/15 i j 10V22/13 NYSF First Look Katz &Dogz | NewYakStreet Food j o NYSF APP ON... ATLANTA | AilSJJU I BOSTON/CAMBRIDGE | BURLINGTON 1VT1 : CALGARY | CHARLOTTE % CHICAGO I i CINCINNATI | CltmMB | PENVER ! I EDMONTON • HAWAII j HPPSTPN | LAS VEGAS { IPS ANGELES | MADISON Wli | MIAMI/SOUTH FL j MINNEAPOLIS { NASHVILLE NEW HAVEN f i NEW JERSEY t MEWPRLEANS PHILADELPHIA PPRTLANPlOF) QUEENS (NY) SALT LAKE CITY SAN DIEGO SAN FRANCISCO SEATTLE ST, LPUIS VANCOUVER WASHINGTON DC ADVERTISE HERE: advertise® newyorkstreetfood.com nev«yrxtelre)etfood.axrt4£062rty &15 1022/13 NYSFFirst Look Katz &Dogz| NewYorkStreel Food VENDY CUP WINNERS/FINALISTS 2005-2012 THRILLIST JAUNTED PERFECT ESCAPES • VENDY CUP WINNER "PEOPLE'S CHOICE WINNER •ELPLPMEgA •• LUKE'S LOBSTER CINNAMON SNAIL KING SQUVLAKI THE CHIPPER TRUCK •PIAZTLANBK " CINNAMON SNAH HAMZA A MEDINA HALAL FOOD TPRTAS NEZA UNCLE PUSSY'S XIN JIANG PROSPERITY KEBABS •SQLBERPUPUSAS - SQUVLAKI GR CHIMICHURYELMALECON EGGSTRAVAGANZA MEXICAN TAMALES GUADALUPE SAM'S FALAFEL TRINI-PAKI BOYS CART •~ KING OF FALAFEL * SHAWARMA BISTRO TRUCK (CLOSED) SLREYPELSAPPR PATACONPISAO SCHNITZEL & THINGS • COUNTRY BOYS TACOS "BIRVANICART JAMAICAN DUTCHY ICLOSED) RICKSHAWOUMPLINGS • CALEXICO CARNE ASADA FAUZI/VS HEAYENLY PELI6HTS "KW1KMEAL SOLER DOMINICAN INOWSOLBERPyPIJSASl • NY DOSAS VERONICA'S KITCHEN TieMfxistmelkoijconMS(XSkifif-inl'\o^\eti-&3ail g/<5 10722/13 NYSFFirst Look Katz &Dogz| NewYorkStreet Food f SUPERTACPS I ' SAMMY'S HALAL \ A*EPA LAPY j •HALLO BERLIN I f TONY DRAGONAS CART j 53RD».6TH HALAL CART . VENDY AWARD DESSERT FINALISTS 2008-2013 | •ITIZY ICE CREAM | CARPE DONUT | PEL'S NYC I LIDDABIT SWEETS j PPPf ELLPWS ICE CREAM f POPITBABY | ' MEM BAKERY 2 ANDY'S ITALIAN ICES j CQPLHAUS IMPERIAL WOODPECKER SNO-BALLS ' LABELMIgRTE § MONSIEUR SINGH LASSI POPS \ 'YYPPLY'SICE I CUPCAKE CREW \ LANEWYORKINA t MISS SOFTEE .CLOSED! j •ISELVIN NATURAL SLUSH C9 : BIG GAY ICE CREAM TRUCK \ DESSERT TRUCK (CLOSEDl I GUERRILLA ICE CREAM .CLOSED) J YAO'S DRAGON BEARD CANDY •WAFELS&DINGES CUPCAKE STOP (CLOSED) ,'TREATS TRUCK I VAN LEEUWEN ARTISAN ICE CREAM ' . VENDY AWARD ROOKIE FINALISTS 2009-13 'NUCHAS MAMAK MYSTTIK MASAALA NEAPPLITAN EXPRESS SWEET CHILI TOUM ' PHIL'S Steak? CAMPPPIAN CUISINE TpRSU CHINESE MIRCH/QET STUFFEP NPW FUN BUNS NYC MOROCHO PJlApAMAN • KORILLA BBO no«r)ixtefxet*ltaLconV450f>^^ 10/15 1022/13 NYSF FirstLook Katz &Dogz| NewYork StreetFood COMME CI. COM ME CA EAT HERE NOW...(CLOSED, EDDIE'S PIZZA TRUCK SUNRISE GRILL TAIM MPBILE • SQUVLAKI GR A-PPUS TASTE MEXICUE THE CINNAMON SNAIL 89% VEGETARIAN FOOD •SCHNITffiktTHINeS BIANDANG BIG GAY ICE CREAM TRUCK PICKNICK SMOKED BBQ.CLOSEDI . VENDY AWARD BEST OF NEW JERSEY FINALISTS 20U-2013 •HOME BY THE RANGE HUNGER CONSTRUCTION MOLLY'S MILK TRUCK THE FRENCH QUARTER TONY BOLONEY'S MUSTACHE MOBILE • THE TACO TRUCK THE CINNAMON SNAIL TWO PITAS IN A POO (CLOSED! Follow NYSF on Twitter NYSF on Facebook Find U« on Faeebook New York Street Food Like 1.3S3 people Ike New York Street Food. \c» Yo.l,^fdr AMeizzACAFg BIG D'S GRUB TRUCK BLfcND EXPRESS BO DILLAZ BOB & JO (KOREAN! SREAPfrPUYES BRPIHESS EXPRESS CARL'S.STEAKS CHIPSV KIN6 CRgPESTRUCK CRIF DOGS DESI FOOD TRUCK DiSO'S ITALIAN SANDWICH SOCIETY POMP TACPS EAST AFRICAN SILVER TRUCK EL CARRITO ROJO EL DIABLO TACOS EL IDOLO TACOS EL PASO TRUCK EMPRESS PPWER LUNCH FRESH tV HEARTY FRITESW MEATS GO BURGER GORILLA CHEESE NYC GREEN RADISH TRUCK gREEN PIRATE JUICE TRUCK GRILLON WHEELS IKQSHER) HIBACHI HEAVEN JERK PAN (JAMAICAN! .IrANNEJTO'S p|aA. KATZaPPgZ. KIMCHITACP TRUCK LABAPUETTECAPE MAC TRUCK MAMU THAI NOODLE TRUCK MAUSAM CURRY N BITES MEXICO BLVP MIAMI FOOD MACHINE MIKE U WILLIES MILK TRUCK MOOSHU GRILL MORRIS GRILLED CHEESE MR, NICEOUT MUPTRUCK MUNCHIE MOBILE NEWYORK STYLE MAC & CHEESE STEAKS PLP TPAPITIPNAL POLISH CUISINE ne¥r)Wls;tre»itfood.coirt450r^ 12/15 KV22/13 NYSF First Look Katz &Dogz | NewYorkStreet Food PALENOUF (COLOMBIAN! PARIS SANDWICH TRUCK PATY'STACPS POCKETFUL (FORMERLY CRjSPl RED HOOK LOBSTER POUND SEOUL FPPP SHANGHAI SOGO SHORTY'S SVPREME burger TRUCK SWEETERYNYC TACP BITE TACP5..M.PRELPS THE SQUEEZE TRIBECA TACP TRUCK TRUSTY BURCERS fr BITES URBAN LOBSTER SHACK...ON WHEELS VALPUCCI'5 ORIGINAL PI22A msmn. WORLD'S BEST SANDWICH TRUCK XPL HAI-A.L pppp YVONNE'S JAMAICAN FOOD TRUCK . NY FOOD CARTS /tr> HOT HALAL S HEALTHY ANTOJITOS MEXICANOS BANHMICART BANKKOK THAI STREET FOOD BAPCHA (KOREAN) CARNEGIE JOHN'S CHEF G. HALAL & HEALTHY EPPIE'S PIZZA CART FAMOUS PAL WACO" FOOD FREAKS GRILLED CHfFSF QPBUKI (KOREAN) HYDERABAD INDIAN TASTY HALAL FOOD KABAB EXPRESS KIM'S AUNT KITCHEN KOREAN NOODLE SOUP CART LING'S SWEET MINI CAKES LITTLE MOROCCO (CLOSED) MAGDYS MANOS PERUANOS MPSHE'S FALAFEL MR KHAN'S BEST MTBLLS MUAY THAI MY BIRYANI r»Myrjrl^eetfood.conM50fi2/rt)e 13/15 10(22/13 NYSF First LookKatz 8 Dogz | NewYorkStreetFood NYC HEALTHY BITES OUR HEROS SLIDER CART PAGO (GREEK FROZEN YOGURT) POTATO HOUSE RAFIQI'S RHONGTIAM PAD THAI CART ROUGE TOMATE (SEASONAL! |THE) STEEL CART steak ft crepes TACOS Y QUESADILLAS MEXICO TAKUMITACp TARIQ'S THAI CART WITH NO NAME THE BORDER A LA CARTA TOAST MONSTER TRADITIONAL CHINESE FOOD TUKTUKBPY XPL HALAL FOOD HONORARY STREET FOOD BAOGUETTE BURRITO BOX CREPERIE CLAffi TER.YAKI PRILL KATI ROLL COMPANY KATI ROLLS BY KABAB FACTORY MAMOUN/S FALAFEL MASALA TIMES NUM PANG SANDWICH SHOP ORIGINAL SOUP MAN (SOUP NAZI! 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