Estta1074937 08/14/2020 in the United States

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Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA1074937 Filing date: 08/14/2020

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 92070438 Party Plaintiff 142 Mercer Street, LLC, John F. McDonald Correspondence ANTHONY A LOPRESTI Address LOPRESTI PLLC 134 SPRING STREET, STE 502 NEW YORK, NY 10012 UNITED STATES Primary Email: [email protected] 646-490-0065

Submission Plaintiff's Notice of Reliance Filer's Name Anthony A. LoPresti Filer's email [email protected] Signature /Anthony A. LoPresti/ Date 08/14/2020 Attachments Petitioner Reliance 5 Exhibits.pdf(3949415 bytes )

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD

In re Registration of DAVID CORTINA

Mark: LURE FISH HOUSE Reg. No.: 4,608,249

JOHN F. MCDONALD; and 142 MERCER STREET, LLC d/b/a LURE FISHBAR,

Petitioners, CANCELLATION NO. 92070438

DAVID CORTINA,

Registrant/Respondent.

PETITIONERS’ NOTICE OF RELIANCE 5:

Pursuant to 37 C.F.R. §§ 2.120 and 2.122, Petitioners John F. McDonald and 142 Mercer

Street, LLC, by and through their undersigned counsel, hereby give notice of reliance upon the following materials attached as Exhibits to rebut the alleged defenses of Registrant/Respondent raised in the Trial Declaration of David Cortina, and the materials submitted in Respondent’s

Notice of Reliance No. 1 and Notice of Reliance No. 2:

(1) Exhibit 5A - Lure Fishbar Media Highlight Summary compiling some of the most notable nationwide press, media, internet and television coverage of Lure Fishbar. This exhibit is relevant to the fame and strength of Petitioners’ mark, the immense good will built by Petitioners with the public, the regional expansion of Petitioners’ use of the LURE FISHBAR marks, and the priority of Petitioners’ marks, and to rebut Respondent’s claims that include lack of likelihood of confusion, dilution, laches, abandonment, lack of strength, differences in the classes of customers, differences in the channels of trade, differences in the advertising channels, the number of similar marks in use, and a lack of fame of Petitioner’s trademark.

(2) Exhibit 5B – Price Bracket Comparison for Lure Fishbar and Lure Fish House, detailing the similarities in how the Lure Fishbar restaurants and the Lure Fish House restaurants are represented to consumers on common purchasing and advertising platforms. This exhibit is relevant to the likelihood of confusion between Petitioners’ marks and Respondent’s mark, specifically the classes of customers between the Lure Fishbar restaurants and the Lure Fish

House restaurants, the conditions of purchasing between the Lure Fishbar restaurants and the

Lure Fish House restaurants, the channels of trade between the Lure Fishbar restaurants and the

Lure Fish House restaurants, and the advertising and promotional channels between the Lure

Fishbar restaurants and the Lure Fish House restaurants.

(3) Exhibit 5C – Becca PR 2011 – 2015 Lure Fishbar Media Spreadsheet tracking media coverage of Lure Fishbar from 2011 to 2015. This exhibit is relevant to the fame and strength of

Petitioners’ mark, the immense good will built by Petitioners with the public, and the priority of

Petitioners’ marks, and to rebut Respondent’s claims that include lack of likelihood of confusion, dilution, laches, abandonment, lack of strength, differences in the classes of customers, differences in the channels of trade, differences in the advertising channels, the number of similar marks in use, and a lack of fame of Petitioner’s trademark.

(4) Exhibit 5D – 2015 Lure Fish House Cease and Desist Letter, sent to Respondent

Cortina on or about March 30, 2015 requesting that Respondent discontinue use of the LURE

FISH HOUSE mark. This exhibit is relevant to Petitioners’ efforts to enforce their rights in the

LURE FISHBAR marks, rebutting Respondent’s claims that Petitioners abandoned their rights in the LURE FISHBAR marks, rebutting Respondent’s defense of laches, and rebutting

2 Respondent’s defense of acquiescence. This exhibit also evidences Respondent’s misrepresentations and bad faith applications.

(5) Exhibit 5E – 2015 Fifth Group Restaurants Cease and Desist Letter, sent to Fifth

Group Restaurants d/b/a Lure in Atlanta, Georgia, on or about March 31, 2015 requesting that

Fifth Group Restaurants discontinue use of the name Lure. This exhibit is relevant to Petitioners’ efforts to enforce their rights in the LURE FISHBAR marks, rebutting Respondent’s claims that

Petitioners abandoned their rights in the LURE FISHBAR marks, rebutting Respondent’s defense of laches, and rebutting Respondent’s defense of acquiescence.

(6) Exhibit 5F – 2019 Fifth Group Restaurants Cease and Desist Letter, sent to Fifth

Group Restaurants d/b/a Lure in Atlanta, Georgia, on or about February 14, 2019 reiterating that

Fifth Group Restaurants’ use of the name Lure is an infringement of Petitioners rights in the

LURE FISHBAR marks. This exhibit is relevant to Petitioners’ efforts to enforce their rights in the LURE FISHBAR marks, rebutting Respondent’s claims that Petitioners abandoned their rights in the LURE FISHBAR marks, rebutting Respondent’s defense of laches, and rebutting

Respondent’s defense of acquiescence.

(7) Exhibit 5G – Brad Beckerman 2018 Text Message, evidencing an instance of actual confusion. This exhibit is relevant to the issue of likelihood of confusion, specifically the factor of actual confusion, and rebutting Respondent’s defense of laches.

(8) Exhibit 5H – 2019 Chop Restaurants Cease and Desist Letter, sent to Chop

Restaurants d/b/a Lure in Wisconsin, on or about February 14, 2019 demanding that Chop

Restaurants refrain from expanding its use of the name Lure beyond its respective area of

Wisconsin. This exhibit is relevant to Petitioners’ efforts to enforce their rights in the LURE

FISHBAR marks, rebutting Respondent’s claims that Petitioners abandoned their rights in the

3 LURE FISHBAR marks, rebutting Respondent’s defense of laches, and rebutting Respondent’s defense of acquiescence.

(9) Exhibit 5I – Petitioners’ First Set of Requests for Production, sent to Respondent

Cortina on August 22, 2019 requesting the production of certain documents pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure and Rule 2.120 of the Trademark Rule of

Practice. This exhibit is relevant as it rebuts Respondent’s claims that Petitioners are responsible for delaying this action by failing to answer discovery requests. This exhibit is also goes to

Respondent’s burden of proof, the priority of Petitioners’ marks, the likelihood of confusion between Petitioners’ marks and Respondent’s marks, the strength of Petitioners’ LURE

FISHBAR marks, the lack of differences in the classes of customers between Petitioners’ LURE

FISHBAR restaurants and Respondent’s LURE FISH HOUSE restaurants, the lack of difference in the channels of trade between Petitioners’ LURE FISHBAR restaurants and Respondent’s

LURE FISH HOUSE restaurants, the lack of differences in the advertising channels of

Petitioners’ LURE FISHBAR restaurants and Respondent’s LURE FISH HOUSE restaurants,

Respondent’s defense of laches, Respondent’s defense of acquiescence, and Respondent’s defense of abandonment.

(10) Exhibit 5J – Petitioners’ First Set of Interrogatories, sent to Respondent Cortina on

August 22, 2019 requesting the production of certain documents pursuant to Rule 33 of the

Federal Rules of Civil Procedure and Rule 2.120 of the Trademark Rule of Practice. This exhibit is relevant as it rebuts Respondent’s claims that Petitioners are responsible for delaying this action by failing to answer discovery requests. This exhibit is also goes to Respondent’s burden of proof, the priority of Petitioners’ marks, the likelihood of confusion between Petitioners’ marks and Respondent’s marks, the strength of Petitioners’ LURE FISHBAR marks, the lack of

4 differences in the classes of customers between Petitioners’ LURE FISHBAR restaurants and

Respondent’s LURE FISH HOUSE restaurants, the lack of difference in the channels of trade between Petitioners’ LURE FISHBAR restaurants and Respondent’s LURE FISH HOUSE restaurants, the lack of differences in the advertising channels of Petitioners’ LURE FISHBAR restaurants and Respondent’s LURE FISH HOUSE restaurants, Respondent’s defense of laches,

Respondent’s defense of acquiescence, and Respondent’s defense of abandonment.

(11) Exhibit 5K – August 22, 2019 Petitioners’ Notice of Deposition, sent to Respondent

Cortina on August 22, 2019 requesting the production of certain documents pursuant to Rules

30(b)(6) of the Federal Rules of Civil Procedure and Rule 2.120(b) of the Trademark Rule of

Practice. This exhibit is relevant as it rebuts Respondent’s claims that Petitioners are responsible for delaying this action by failing to answer discovery requests. This exhibit is also goes to

Respondent’s burden of proof, the priority of Petitioners’ marks, the likelihood of confusion between Petitioners’ marks and Respondent’s marks, the strength of Petitioners’ LURE

FISHBAR marks, the lack of differences in the classes of customers between Petitioners’ LURE

FISHBAR restaurants and Respondent’s LURE FISH HOUSE restaurants, the lack of difference in the channels of trade between Petitioners’ LURE FISHBAR restaurants and Respondent’s

LURE FISH HOUSE restaurants, the lack of differences in the advertising channels of

Petitioners’ LURE FISHBAR restaurants and Respondent’s LURE FISH HOUSE restaurants,

Respondent’s defense of laches, Respondent’s defense of acquiescence, and Respondent’s defense of abandonment.

Dated: August 13, 2020

Respectfully submitted,

5 LOPRESTI, PLLC

By: /s/ Anthony A. LoPresti Anthony A. LoPresti

55 Broadway, Ste. 311 New York, New York 10006 (646) 490-0065 [email protected]

Attorneys for Petitioners John F. McDonald and 142 Mercer Street, LLC d/b/a Lure Fishbar

CERTIFICATE OF SERVICE

I hereby certify that a true and complete copy of PETITIONERS’ NOTICE OF RELIANCE 5 has been served on Registrant/Respondent DAVID CORTINA by forwarding said copy on August 13, 2020 via email at [email protected] to:

Angela Small Booth Law Offices of Angela Small Booth 143 Figueroa Street, Suite 14 Ventura, CA 93001 805-765-5413 [email protected]

/s/ Anthony A. LoPresti Anthony A. LoPresti Date: August 13, 2020

6 PETITIONERS RELIANCE 5 EXHIBITS 5A-5K 00001

EXHIBIT 5A LURE FISHBAR MEDIA HIGHLIGHT SUMMARY

PRINT / ONLINE

“Lure Fishbar” Frank Bruni. New York Times. Sep. 24, 2004 https://www.nytimes.com/2004/09/24/dining/lure-fishbar.html

“Power Scene in Soho” Kimberly Chou. Wall Street Journal. March 7, 2012 https://www.wsj.com/articles/SB10001424052970203458604577265823176763432

“The 28 best raw bars in the United States” Business Insider. Jun. 7, 2016 https://www.businessinsider.com/the-best-raw-bars-in-the-us-2016-6

“Fish That’s Raw, but Never Undressed” Frank Bruni. New York Times. Jan. 12, 2005 https://www.nytimes.com/2005/01/12/dining/fish-thats-raw-but-never-undressed.html

“On a roll” Amanda Sidman. NY Daily News. May 22, 2011

“Go Fishbar” Steve Cuozzo. NY Post. Dec. 15, 2004 https://nypost.com/2004/12/15/go-fishbar/

“ABSOLUTELY FASHION-TASTIC – INSIDERS’ GUIDE TO THE HOTTEST FACES & PLACES OF FASHION WEEK” Tom Sykes. NY Post. Sep. 9, 2004 https://nypost.com/2004/09/09/absolutely-fashion-tastic-insiders-guide-to-the-hottest-faces-places-of-fashion- week/

“Back-to-school lunch suggestion from NYC chefs” Lucy Cohen Blatter. Time Out. Sep. 22, 2004 https://www.timeout.com/new-york-kids/restaurants/back-to-school-lunch-suggestion-from-nyc-chefs

“Plywood Report John McDonald Edition: Lure Fishbar, Back in Business” Eater NY. May 2, 2006 https://ny.eater.com/2006/5/2/6823703/plywood-report-john-mcdonald-edition-lure-fishbar-back-in-business

“Lure Fishbar” Thrillist. May 5, 2006 https://www.thrillist.com/eat/lure-fishbar

“Hey, it’s Alec Baldwin!” Carole Radziwill. Glamour. Jan. 1, 2007 https://www.glamour.com/story/lunch-date-alec-baldwin

[LURE FISHBAR][MEDIA]

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“Lure Fishbar” The New Yorker, Nov. 1, 2004 https://www.newyorker.com/magazine/2004/11/08/lure-fishbar

“The 28 best raw bars in the United States” Business Insider. Jun. 7, 2016 https://www.businessinsider.com/the-best-raw-bars-in-the-us-2016-6

“Top 10 Bars in NYC’s Soho” GaBriella Ali-Marinio. The Culture Trip. Feb. 9, 2017 https://theculturetrip.com/north-america/usa/new-york/articles/top-10-bars-in-nyc-s-soho/

“Visit Lure Fishbar to prove it’s not necessary to set sail on a real boat to find coastal cocktails that you’ll want to keep flowing. Lure Fishbar’s nautical-themed bar and restaurant is designed to look like a ship’s galley, complete with wood paneling and round submarine windows. Grab your mates and drop anchor here for fun named drinks like the ‘Green Tea Party’ (Absolut, green tea, citrus shiso, and mint), ‘Fire in the Hole’ (Maker’s Mark bourbon, fire roasted dates and orange bitters) and ‘Smuggler’s Blues’ (Flor de Cana, Amaro Nonino, blackberries, and cane sugar). There’s also an awesome selection of sake by the glass and bottle to complement the wide array of seafood dishes available”

“Lure Fishbar Staying Put” Belle Cushing. Grub Street. Sep. 12, 2013 https://www.grubstreet.com/2013/09/lure-strikes-lease-agreement.html

“Celebrities and scenesters can breathe easy this morning: Lure Fishbar owner John McDonald and his landlord Peter Brant have reportedly struck a deal to keep the seafood restaurant at its current location, after months of lease negotiations. It’s a Fashion Week miracle! [Page Six/NYP]”

June 2017 New York City Monthly https://nycmonthly.com/wp-content/uploads/2017/04/NYCM_JUNE_Final.pdf

“John McDonald & Friends Opening Lure Fishbar in Miami” Alexander Hancock. NY Eater. Dec. 18, 2012 https://ny.eater.com/2012/12/18/6505883/john-mcdonald-friends-opening-lure-fishbar-in-miami

“NYC's Lure Fishbar opening in November at Loews Miami Beach”, Miami Herald, Dec. 18, 2012 https://www.miamiherald.com/miami-com/restaurants/article225675555.html

“NYC's Lure Fishbar Docking at the Loews in 2013”, Eater Miami, Dec. 19, 2012 https://miami.eater.com/2012/12/19/6505607/nycs-lure-fishbar-docking-at-the-loews-in-2013

“Lure Fishbar” Time Out. Aug. 5, 2016 https://www.timeout.com/newyork/restaurants/lure-fishbar

“The retro yacht interior at this sexy subterranean restaurant might make you forget you’re docked in Soho. Hit the sushi bar to compare the flavors and textures of premium catches, or grab a table for a more extensive meal. Lure’s greatest achievement is its treatment of the classics. Dishes that have become rote at so many fish-focused eateries—seared yellowtail glazed in dashi, a lobster roll stuffed with sweet meat—are executed here with the dazzling skill usually reserved for more ambitious menus.”

“South Florida Food 50: Josh Capon of Lure Fishbar” Evan S. Benn. Miami Herald. Feb. 16, 2016 https://www.miamiherald.com/living/food-drink/article60461766.html :

“Lure Fishbar in South Beach just gave you a good reason to return - but hurry” Connie Ogle. Miami Herald May 31, 2019 https://www.miamiherald.com/miami-com/restaurants/article231046188.html

“Yo, New Yorkers: Here’s where to find a slice of NYC in MIA” Beth Accardi. Miami Herald. May 28, 2015 https://www.miamiherald.com/living/food-drink/article22522248.html

“Why are there so many New York restaurants in Miami?” Rebecca Wallwork. CNN. Aug. 24, 2017 https://www.cnn.com/travel/article/new-york-restaurants-in-miami/index.html

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“’It's no coincidence that Lure's chef/partner Josh Capon is down here from New York all the time, and that Upland chef Justin Smillie and owner Stephen Starr are constant presences in Miami. Or that both restaurants are always packed with happy eaters…’

Lure Fishbar is popular with visitors, locals and NYC transplants…

‘We decided to bring Lure Fishbar to Miami Beach since a large majority of our guests in New York spend a large portion of the year in Miami. Our menu of fresh seafood and sushi was embraced by visitors and locals right away.’-- partner John McDonald, CEO of Mercer Street Hospitality.”

“Barbecue spot with sides from family recipes opens in Pullman food hall, plus more Chicago restaurant openings” Grace Wong. Chicago Tribune. Feb. 14, 2020 https://www.chicagotribune.com/dining/ct-food-pullman-barbecue-food-hall-restaurant-news-20200214- r4udka7pevhkbbafwzunxa3i74-story.html

“Fried PB&J fish sticks? Spike TV is looking for the next ‘Frankenfood’” Jenn Harris. LA Times. Jun. 21, 2014 https://www.latimes.com/food/dailydish/la-dd-frankenfood-spike-tv-cronut-20140620-story.html

“Chef Josh Capon of Lure Fishbar, B&B Winepub and El Toro Blanco in New York City, and four-time winner of Rachael Ray’s Burger Bash Tony Luke Jr. will serve as hosts and judges along with a rotating panel of culinary experts.”

“Back-to-school lunch suggestion from NYC chefs” Lucy Cohen Blatter. Time Out. Sep. 22, 2004 https://www.timeout.com/new-york-kids/restaurants/back-to-school-lunch-suggestion-from-nyc-chefs

“15 Hot Spots for Celebrity Sightings in New York City” Joy Churin. Medium. Nov. 14, 2018 https://medium.com/@joychurin/15-hot-spots-for-celebrity-sightings-in-new-york-city-e984a60b296e

“Emma Stone and Andrew Garfield photobombed a not-so-sneaky Instagrammer in Lure Fishbar, an upscale seafood restaurant with a swanky yacht-like interior”

“Chrissy Teigen devours Food Network’s New York City Wine & Food Festival” Jeanette Settembre. NY Daily News. Oct. 20, 2014 https://www.nydailynews.com/life-style/eats/chrissy-teigen-devours-food-network-nycwff-article-1.1980792

“When she's not eating at her favorite SoHo restaurant Lure Fishbar, Teigen is whipping up recipes of her own, but she won't let musical hubby John Legend cut into her culinary territory for long.”

“New York’s 15 Most Iconic Dining Rooms” Eater NY, September 25, 2012 https://ny.eater.com/2012/9/25/6542059/new-yorks-15-most-iconic-dining-rooms

“Lindsay Lohan Spotted Leaving A Bar With Her Sobriety Coach! Something Fishy Is Going On!” Perez Hilton, July 8, 2015 https://perezhilton.com/tag/lure_fishbar/#.VZ0x6iS4kdU

“Blake Lively didn’t need maternity clothes; Emma Stone photobombs fellow diner” Vogue, Jan. 9, 2015 https://www.vogue.com.au/fashion/news/blake-lively-didnt-need-maternity-clothes-emma-stone-photobombs- fellow-diner/news-story/a9523c044bf1a73d1a857e58ee27b2ea

“Sleight of Hand With Your Dinner” New York Times, Sept. 27, 2011 https://www.nytimes.com/2011/09/28/dining/the-foodie-magician-sleight-of-hand-with-your-dinner.html?_r=0

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“Celebrate National Lobster Day With Not-Your-Average Crustacean Creations” Forbes, June 13, 2012 https://www.forbes.com/sites/lisamogensen/2012/06/13/celebrate-national-lobster-day-with-not-your-average- crustacean-creations/#32c972a292cb

“Keeping It Local”, New York Times, Dec. 8, 2010 https://www.nytimes.com/2010/12/09/fashion/09close.html

“LINDSAY LOHAN FISH CRAVING Chooses Sushi Over Deposition” TMZ, April 9, 2013 https://www.tmz.com/2013/04/09/lindsay-lohan-deposition-fish-sushi-los-angeles/

TV SHOWS/FILM AT LURE FISHBAR

Harry. Season 2 Episode 54. “Whoppi Goldberg/Holiday Dating Do's & Don'ts/Popular NYC Restaurant ‘Lure Fishbar’ Chef Josh Capon” https://www.imdb.com/title/tt7634772/

NYC restaurant "Lure Fishbar" chef Josh Capon whips up his favorite seasonal entrée of sautéed pork with roasted butternut squash with pomegranate and pumpkin seeds

The Politician. Season 2

“Take a Behind-the-Scenes Look at The Politician's Filming Locations” Adam Rathe. June 27, 2020 https://www.townandcountrymag.com/leisure/arts-and-culture/g32879656/the-politician-filming-locations/

“Is quashing a rivalry as simple as breaking bread? In an early episode of this season, the Standish campaign attempts to make inroads with Astrid at Lure Fishbar, the elegantly nautical, subterranean Soho spot where seafood is front and center but a lunchtime burger is the order for those in the know.”

TV MENTIONS

The Chew (2012-2018)

Live with Kelly and Ryan (2011-2013)

Paula’s Best Dishes (2012)

Bar Rescue (2012-2014)

Food(ography) (2011)

Frankenfood (2014)(Paramount Network)

Late Night with Jimmy Fallon (2009)

Chopped (2009)

Beat Bobby Flay (2015-2017)

Bar Rescue, Good Morning America (2014-2019)

Harry (2017)

Cooks vs. Cons (2017)

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The Burger Show (2018).

“Josh Capon to Appear on Spike TV's Kitchen Nightmares Ripoff” Amanda Kludt. Eater NY. Jun. 29, 2010 https://ny.eater.com/2010/6/29/6728237/josh-capon-to-appear-on-spike-tvs-kitchen-nightmares-ripoff

“Interview With Hamburger God Josh Capon: Meet the man who invented the world’s best burger” Matt Rodbard. Food Republic. May 16, 2013 https://www.foodrepublic.com/2013/05/16/interview-with-hamburger-god-josh-capon/

“Josh Capon, in a genius move that only Josh Capon can fully explain, teamed with his current business partners (prolific restaurateurs and media men John McDonald and Joshua Pickard) to open an ahead-of-its- time hybridized seafood restaurant — Lure Fishbar — that to this day serves an exhaustive menu including, but not limited to, platters of cracked Kushi oysters next to lobes of Santa Barbara uni next to roasted Skuna Bay salmon and fried lobster croutons. “You can eat there every day for a week and not overlap,” he says of the popular Soho canteen, which serves as a sort of Max for new-media types.

Josh Capon is one badass chef, and now a restaurateur of his own with an ownership in two newer projects — B&B Winepub and El Toro Blanco. But when it comes down to talking about Josh Capon, the conversation starts, and typically ends, with his burger. It won a sort of insane three consecutive first prize trophies at the Burger Bash at the New York City Food & Wine Festival. He defeated guys like Bobby Flay, Michael Lomonaco, Marc Murphy, Dan Kluger and a little bun and patty standy called Shake Shack.”

“Burger Bash 2013 Winners: Guy Fieri and Josh Capon” Joseph Erdos. Food Network. 2013 https://www.foodnetwork.com/fn-dish/events/2013/10/burger-bash-2013-winners-guy-fieri-josh-capon

“2015 Burger Bash Winners: Josh Capon and Pincho Factory” Maria Russo. Food Network. 2015 https://www.foodnetwork.com/fn-dish/events/2015/02/2015-burger-bash-winners-josh-capon-and-pincho-factory

“After a few hours of indulgent burgering, Rachael, the judges, and the Schweid and Sons team came together to announce the winners, and sure enough, thanks to his fail-proof Bash Burger, Josh Capon of Miami's Lure Fish Bar earned the Judges' trophy this year. Capon's now-infamous patty topped with sweet, savory and welcomingly rich bacon-onion jam has become a good-luck charm of sorts for the chef, as it's earned him several Burger Bash titles at the New York City Wine & Food Festival, and tonight it clinched his first-ever victory in South Beach. ‘I've always wanted South Beach so bad, baby. So bad,’ Capon exclaimed on stage. ‘Burger Bash forever!’”

U.S. OPEN

“Everything You Should Eat and Drink at the 2019 U.S. Open Tennis Championships” Sonal Dutt. People. Aug. 23, 2019 https://people.com/food/us-open-2019-tennis-new-york-food-drink/

“Lure Fishbar: Chef Josh Capon’s seafood restaurant is the spot for a fresh lobster roll—try the Lobster BLT!—at the tournament.”

“Ace chefs upping their game for US Open crowds in Queens” Jennifer Gould. NY Post. Aug. 25, 2019 https://nypost.com/2019/08/25/ace-chefs-upping-their-game-for-us-open-crowds-in-queens/

“Lure Fishbar, from restaurateur John McDonald and star chef Josh Capon, returns…”

“Taste the Flavor of the Open” Ashley Marshall. US Open. Aug. 23, 2017 https://www.usopen.org/en_US/news/articles/2017-08-23/2017-08-23_the_open_interview_monica_puig.html

“This year, the US Open bolsters its restaurant scene with new celebrity chefs including award-winning chefs Marcus Samuelsson and Josh Capon. Samuelsson serves up his signature cuisine at Mojito Restaurant & Bar, while Capon rolls out a menu inspired by Lure Fishbar.”

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“How to Eat Your Way Through the 2017 U.S. Open” Jamie Lisanti. Sports Illustrated. Aug. 24, 2017 https://www.si.com/eats/2017/08/24/us-open-tennis-2017-food-guide-flushing-meadows

“Lure Fishbar: John McDonald’s Mercer Street Hospitality and chef Josh Capon give you taste of their Soho restaurant, Lure Fishbar, at Oyster Bar 7 by Grandstand stadium and at the Oyster Bar on the Club Level in Arthur Ashe Stadium. The highlight—and new item—this year is the lobster roll, served regular or club-style with a healthy piece of crunchy bacon.”

“Eat your way through the 2019 U.S. Open at Flushing Meadows with celebrity chefs from around the globe” Jenna Bagcal qnw.com Aug. 23, 2019 https://qns.com/story/2019/08/23/eat-your-way-through-the-2019-u-s-open-at-flushing-meadows-with-celebrity- chefs-from-around-the-globe/

“Meet the Chefs of the 2018 US Open” Michael LoRé. The Culture Trip. Aug. 29, 2018 https://theculturetrip.com/north-america/usa/new-york/articles/us-open-food-chefs/

“Food and drink at the 2018 US Open get Grand Slam treatment” Ashley Marshall. US Open. Aug. 23, 2018 https://www.usopen.org/en_US/news/articles/2018-08-23/2018-08- 23_food_and_drink_at_the_2018_us_open_get_grand_slam_treatment.html

“Food options may be better than the tennis at the US Open” Jennifer Gould. NY Post. Aug. 21, 2017 https://nypost.com/2017/08/21/food-options-may-be-better-than-the-tennis-at-the-us-open/ *Josh Capon the title image

“Food is a major star at the US Open” Dave Wilson. ESPN. Aug. 24, 2017 https://www.espn.com/tennis/story/_/id/20450330/the-us-open-major-dining-event

“U.S. Open serves up a culinary Grand Slam: Top 5 menu items to try at the National Tennis Center” Andy Clayton. NY Daily News. Aug. 26, 2017 https://www.nydailynews.com/sports/more-sports/5-menu-items-u-s-open-serves-culinary-grand-slam-article- 1.3442264

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“The USTA Expands It’s Dining Options At The US Open’s 50th Anniversary” Joe McDonald. NY Sports Day. Aug. 23, 2018 https://www.nysportsday.com/2018/08/23/the-usta-expands-its-dining-options-at-the-us-opens-50th-anniversary/

“The ultimate guide to the USTA Billie Jean King National Tennis Center” Tanay Warerkar. NY Curbed. Aug. 26, 2019 https://ny.curbed.com/2018/8/20/17609338/us-open-tennis-flushing-meadows-stadium-guide

“Many of those same food stands can be found in the stadiums themselves; Lure Fish Bar is also behind an oyster bar, located near the Grandstand.”

Citi Field (Mets Stadium)

“Forget the Mets — go to Citi Field for the best eats in the game” Michael Kaplan. NY Post. April 9, 2016 https://nypost.com/2016/04/09/forget-the-mets-go-to-citi-field-for-the-best-eats-in-the-game/

“Josh Capon of Lure Fishbar fame — a serious tailgater during the football season — has cooked up his tantalizing Ultimate Grilled Cheese sandwich ($12), which boasts melted Boursin, Muenster and havarti cheeses and kale pesto. As for the Mets, Capon declares: ‘This year we are winning the whole damned thing.’”

“Why One of New York’s Top Chefs Loves Eating at Citi Field” Vox Creative. Eater. May 30, 2017 https://www.eater.com/ad/15682196/josh-capon-citi-field

“Times have changed. Citi Field replaced Shea Stadium, last year the franchise won its first pennant in 15 years, and stadium food is no longer crap. Capon, a die-hard Mets fan and the executive chef and partner behind Manhattan's Lure Fishbar, El Toro Blanco, B&B Winepub, Sessanta, and Bowery Meat Company, recently opened Bash Burger on the Citi Field concourse, joining New York restaurateurs who have revolutionized concessions at the stadium.”

“Capon and Rao’s Join Amazin’ Citi Field Cuisine Lineup” Will Carafello. Mets.tumblr April 1, 2015 https://mets.tumblr.com/post/115240311342/capon-and-raos-join-amazin-citi-field-cuisine

[LURE FISHBAR][MEDIA] 7 CANCELLATION NO. 92070438 PETITIONERS RELIANCE 5 EXHIBITS 5A-5K 00008

“Pressed by Chef Josh Capon brings gourmet grilledcheese sandwiches to Citi Field. Capon is an executive chef and partner forrenowned New York City restaurants, Lure Fishbar, B&B Winepub, and El ToroBlanco. You might also recognize him from his frequent TV appearances.”

“Food at Citi: Bash Burger” New York Mets. Mets Insider. Jun. 7, 2017 https://metsinsider.mlblogs.com/food-at-citi-bash-burger-83ac37232cab

[LURE FISHBAR][MEDIA] 8 CANCELLATION NO. 92070438 PETITIONERS RELIANCE 5 EXHIBITS 5A-5K 00009 EXHIBIT 5B

8/13/2020

LURE FISHBAR vs. LURE FISH HOUSE – PRICE BRACKET COMPARISON

Google:

Lure Fishbar: 1) 2)

1) https://www.google.com/search?client=safari&rls=en&q=lure+fishbar&ie=UTF- 8&oe=UTF-8

2) https://www.google.com/search?client=safari&rls=en&sxsrf=ALeKk01vzmaW4vCoEtfeE 0NWmjvggb4N3A%3A1597368467267&ei=k-g1X9L2D9istQam5J- YDA&q=lure+fishbar+miami&oq=lure+fishbar+miami&gs_lcp=CgZwc3ktYWIQAzINCC4 QxwEQrwEQJxCTAjIGCAAQFhAeMgYIABAWEB4yBggAEBYQHjIGCAAQFhAeMgYIA BAWEB4yBggAEBYQHjIGCAAQFhAeMgYIABAWEB4yBggAEBYQHjoECAAQRzoECC MQJzoHCAAQFBCHAjoCCAA6DQguEMcBEK8BEBQQhwI6CAguEMcBEK8BUP3nAlj9 7AJg2- 4CaABwAXgAgAFqiAH8A5IBAzUuMZgBAKABAaoBB2d3cy13aXrAAQE&sclient=psy- ab&ved=0ahUKEwiSjMSgxZnrAhVYVs0KHSbyB8MQ4dUDCAs&uact=5

CANCELLATION NO. 92070438 PETITIONERS RELIANCE 5 EXHIBITS 5A-5K 00010

Lure Fish House: 1) 2)

1) https://www.google.com/search?client=safari&rls=en&sxsrf=ALeKk02IV4VNoo5B7x8zP Z729vePcNNeTQ%3A1597368170838&ei=auc1X- 7BMoy2tAaCkp_wCw&q=lure+fish+house+ventura&oq=lure+fish+house+ventura&gs_lc p=CgZwc3ktYWIQAzILCC4QxwEQrwEQkwIyAggAMgIIADICCAAyBggAEBYQHjIGCAA QFhAeMgYIABAWEB46BAgAEEc6BAgjECc6BAgAEEM6CAguEMcBEK8BOgcIABAUE IcCUK49WONHYOZLaABwAXgAgAHHAYgB8QiSAQMwLjiYAQCgAQGqAQdnd3Mtd2l 6wAEB&sclient=psy- ab&ved=0ahUKEwjunpeTxJnrAhUMG80KHQLJB74Q4dUDCAs&uact=5

2) https://www.google.com/search?client=safari&rls=en&sxsrf=ALeKk03b2MY6FbWf3DVat fovlBAvYxQzVA%3A1597368312373&ei=- Oc1X46xFsLRtAbZn6LYCw&q=lure+fish+house+santa+barbara&gs_ssp=eJzj4tVP1zc0 TM6uqCzIMS8yYLRSMaiwMEi1NDQ1Mku0NDQyNzcxtDKoSEs1sLQ0Tk0yMTdKNTR M8pLNKS1KVUjLLM5QyMgvLU5VKE7MK0lUSEosAqJEAABnGbw&oq=lure+fish+hous e+san&gs_lcp=CgZwc3ktYWIQARgAMgsILhDHARCvARCTAjICCAAyAggAMgIIADICC AAyBggAEBYQHjIGCAAQFhAeMgYIABAWEB4yBggAEBYQHjIGCAAQFhAeOgQIABB HOg0ILhDHARCvARAnEJMCOggILhDHARCvAToKCC4QxwEQrwEQJzoECCMQJ1Ds HVjRKGDyMmgAcAF4AIABfYgBgwSSAQMzLjKYAQCgAQGqAQdnd3Mtd2l6wAEB&scl ient=psy-ab

CANCELLATION NO. 92070438 PETITIONERS RELIANCE 5 EXHIBITS 5A-5K 00011

TripAdvisor: Lure Fishbar:

https://www.tripadvisor.com/Restaurant_Review-g60763-d424084-Reviews- Lure_Fishbar-New_York_City_New_York.html

CANCELLATION NO. 92070438 PETITIONERS RELIANCE 5 EXHIBITS 5A-5K 00012

Lure Fish House: 1)

1) https://www.tripadvisor.com/Restaurant_Review-g60769-d3647320-Reviews- Lure_Fish_House-Ventura_California.html

https://www.tripadvisor.com/Restaurant_Review-g33258-d3958305-Reviews- Lure_Fish_House-Westlake_Village_California.html

CANCELLATION NO. 92070438 PETITIONERS RELIANCE 5 EXHIBITS 5A-5K 00013

3) https://www.tripadvisor.com/Restaurant_Review-g33045-d9699694-Reviews- Lure_Fish_House-Santa_Barbara_California.html

4) https://www.tripadvisor.com/Restaurant_Review-g32147-d2017552-Reviews- Lure_Fish_House-Camarillo_California.html

CANCELLATION NO. 92070438 PETITIONERS RELIANCE 5 EXHIBITS 5A-5K 00014

ZAGAT:

Lure Fishbar: 1)

1) https://www.zagat.com/r/lure-fishbar-new-york

2) https://www.zagat.com/r/lure-fishbar-miami-beach

Lure Fish House: 1)

1) https://www.zagat.com/r/lure-fish-house-ventura-ca-ventura

CANCELLATION NO. 92070438 PETITIONERS RELIANCE 5 EXHIBITS 5A-5K 00015

LURE FISHBAR vs. LURE FISH HOUSE – CHANNEL OF TRADE:

UberEats:

Lure Fishbar:

1) https://www.ubereats.com/miami/food-delivery/lure-fishbar/- JLTmpdFTzK8cbvb4qN88g

Lure Fish House:

1) https://www.ubereats.com/ventura/food-delivery/lure-fish- house/WKWqP_ZqRAKDaGJ9IqBICQ

Yelp!: Lure Fishbar:

1) https://www.yelp.com/biz/lure-fishbar-new-york-2

Lure Fish House:

1) https://www.yelp.com/biz/lure-fish-house-ventura-6

GrubHub: Lure Fishbar:

1) https://www.grubhub.com/restaurant/lure-fish-bar-142-mercer-st-new-york/741656

2) https://www.grubhub.com/restaurant/lure-fish-bar---south-beach-1601-collins-ave- miami-beach/741763

Lure Fish House:

1) https://www.grubhub.com/restaurant/lure-fish-house---ventura-60-s-california-st- ventura/2037137

2) https://www.grubhub.com/restaurant/lure-fish-house---santa-barbara-3815-state-st- santa-barbara/2037236

3) https://www.grubhub.com/restaurant/lure-fish-house---camarillo-259-w-ventura-blvd- camarillo/2036780

4) https://www.grubhub.com/restaurant/lure-fish-house---westlake-village-30970-russell- ranch-rd-westlake-village/2037502

CANCELLATION NO. 92070438 PETITIONERS RELIANCE 5 EXHIBITS 5A-5K 00016 2011 EXHIBIT 5C

Media Outlet Date Contact Topic John's "Power Dressing" feature ran in the paper on Saturday/August 6. We Financial pitched this feature a few months ago and arranged for a photo shoot/interview Times 6-Aug last month. Huffington Post 19-Jul Ran part two of Josh's Today Show cooking school segments. Their producers let us know they're working on a special theme week called "Fix My Man" airing the week of 7/11. One of the segments features a husband who needs a chef to teach him how to cook for his wife. We suggested Josh for the segment and they loved the idea. We'll be shooting segments at Lure on Live with Regis Mon/July 11 and Tues/July 12 and Josh will go in-studio on Weds/July 13 for the & Kelly 13-Jul live segment. Martha Stewart Living After we suggested Katie for an ice-cream focused segment on "Morning Radio 6-Jul Living," producers booked her for a 20-minute interview on Weds/July 6.

Freelance writer Lucy Cohen Blatter let us know she was working on the back-to- school issue and that she'd like to include Josh's thoughts on a creative/healthy Time Out NY Lucy Cohen lunch idea for kids. We arranged for a photo shoot with Josh and his family at Kids 1-Jul Blatter their apartment as well. As soon as the issue is out, we'll clip and share.

Writer Alyssa Shelasky let us know she was working on a roundup called "Which Alyssa Ice-Cream-Truck Treats Do New York Chefs Crave?" and we suggested she Grubstreet 21-Jun Shelasky include Josh. He provided a quote which made it into the post on Tues/June 21.

Writer Alyssa Shelasky let us know she was working on a roundup called "Which Alyssa Ice-Cream-Truck Treats Do New York Chefs Crave?" and we suggested she Grub Street 21-Jun Shelasky include Josh. He provided a quote which made it into the post on Tues/June 21. Their editors reached out when they heard that Demi and Ashton dined at Lure last week. We confirmed this info with you and shared a few additional details Us Weekly 27-Jun Editors which were included in the June 27 issue. Their editors let us know they were working on a Father's Day story about chef James dads which we suggested Josh for. We provided a few lines from Josh which ZagatBuzz 15-Jun Mulcahy were included in the post on Wed/June 15. We reached out to the editors about having John write 5@5 feature for the food CNN's blog and they posted his list "Five Foods I Won't Share with Anyone" on Eatocracy 13-Jun Editors Mon/June 13. We reached out to editor Matt Duckor last week with info on Lure's lobster roll The Feast 3-Jun Matt Duckor and he just included it within a roundup of the city's best on Fri/June 3. Writer Erin Frankel let us know she was working on a lobster roll roundup and we confirmed a reservation for her at Lure a couple of weeks ago. She included NY Social Diary 7-Jun Erin Frankel Lure's lobster roll in the feature which went live on Tues/June 7. We pitched the oyster tasting at Lure to Eater editors and they posted it on their Eater Greg Morabito eaterwire section. Travels in We let Lisa Mogensen know about the oyster tasting and she posted it on her Taste blog on 5/18. NYO Magazine John was featured in NYO magazine in a three page feature.

CANCELLATION NO. 92070438 PETITIONERS RELIANCE 5 EXHIBITS 5A-5K 00017 2011

In Michael White's "Friday Fives" feature on Immaculate Infatuation, he lists Immaculate Lure Fishbar and Chinatown Brasserie as two of his favorites for wings and Infatuation 5/6/11 Editors brunch. Sam from Tasting Table let us know that Josh will be included in a lobster roll Amanda story related to the TT Lobster Roll Rumble. Update: Amanda Sidman from DN Daily News TBD Sidman was at Lure on 5/17 for an interview and shoot. We also sent the recipe. Josh's quote was included in Sarah's piece for CNN's Eatocracy based on the stagiaire culture of restaurants. The writer, Sarah LaTrent, has recently found it CNN's amazing how people outside the industry are dumbfounded as to what a stage Eatocracy 5/4/11 Sarah LeTrent is and why anyone would work for free. Stephanie We let Stephanie Smith at Page Six know about all of the recent athlete New York Post 5/2/11 Smith sightings at Lure and they ran two (Amare and Strahan) on May 2nd. John was included in "The Best of the Best in New York Dining and Nightlife," Eater 5/1/11 Greg Morabito letter J, which went up on Eater NY on May 1st. As part of Eater's "Burger Week 2011," their editors just posted "The Best Burger- Friendly Booze, Picked by the Pros" on March 26th, 2011. The post includes Eater 4/26/11 Talia Baiocchi Natalie Tapken's picks for best burger, wine, beer and booze.

Eater 4/26/11 Greg Morabito Lure was included in a round up of the best restaurants in NYC to "Seal the Deal." Danyelle Danyelle posted a round up of the Best Seafood Sandwiches in NYC and included Restaurant Girl 4/17/11 Freeman Lure's Mahi Mahi sandwich.

Josh's seafood stew recipe feature which just went live on Guy Gourmet, the MensHealth.c Men's Health magazine blog. The editor, Paul Kita, loved the dish and would like om 4/8/11 Paul Kita to feature more of Josh's recipes. We'll touch base with him in a few weeks. Eater included B&B and Lure's Ramp Burger in a round up of the best ramp Eater 4/4/11 Greg Morabito dishes in NYC. We arranged an interview with Josh and Jeff Gordinier of The New York Times for inclusion in this week's lead story of the dining section. Josh was quoted New York several times throughout the piece and inspiration behind the burger was Times 3/23/11 Jeff Gordinier included as well. Jackie Goldstein let us know that she was running a feature about Off The Menu Jackie items. We let her know about the at Bash Burger at Lure and she included it in Eater 3/22/11 Goldstein the feature. Eater 3/16/11 Editors John was featured in Eater's "Dining Confidential." Carla Spartos wrote a story about music in resturants. We arranged for John to speak with writer her and she ended up connecting with Robert for a couple of New York Post 3/15/11 Carla Spartos quotes. Josh let us know about his upcoming Martha radio segment on "Fast & Fancy" Martha Katie segment on Fri, Feb 18th. Someone from the BPR team will attend with Josh and Stewart Radio 2/18/11 McPherson we can help coordinate details NBC Today Debbie We pitched her a Josh Capon cooking segment on 2/18. Josh was on the show Show 2/23/11 Kosofsky and prepared surf and turf tacos.

CANCELLATION NO. 92070438 PETITIONERS RELIANCE 5 EXHIBITS 5A-5K 00018 2012

Media Outlet Medium Contact Date Topic Circ/UMV The Chew Broadcast Jennifer Stryker 12/6/12 "Doorknock Dinner" segment 2,369,769 Refinery29 Online Carlye Wisel 12/4/12 Lure in Chrissy Teigen's 378,848 favorite NYC foods piece *New York Post Print Larry Getlen 11/25/12 Lure in Savannah Guthrie's 555,327 "My Downtown" feature *Grub Street Online Julie Ma 11/13/12 Lure in round-up of best 97,845 seafood platters Zagat Blog Online Kelly Dobkin 11/9/12 Interview with Josh about 59,369 burgers GOTHAM Online Kathy YL Chan 11/9/12 Truffle round-up 2,201 Zagat Blog Online Kelly Dobkin 11/7/12 Josh as expert in "Best Burger 59,369 Ever" slideshow Every Day with Print Beth Janes November Stuffing story 1,749,877 Rachael Ray Rachael Ray Broadcast Tommy Crudup 11/1/12 Stuffing segment 1,979,709 Show Delish Online Kiri 10/15/12 Burger bash coverage 2,782,649 Tannenbaum Huffington Post Online Editors 10/13/12 Burger bash coverage 22,639,200 Zagat Buzz Online James Mulcahy 10/13/12 Burger bash coverage 687,069 Eater Online Greg Morabito 9/25/12 Lure in "New York's 15 Most 72,895 Iconic Dining Rooms" The Chew Broadcast Jevon Bruh 9/5/12 Pizza party episode with Josh 2,369,769 as co-host Parents Print Karen Cicero Sept. Josh in back-to-school lunch 2,215,645 magazine story Grub Street Online Alyssa Shelasky 8/15/12 Josh's "Chef Cleanse" feature 97,845 *Zagat Buzz Online Leigh Crandall 8/13/12 Lure happy hour in "NY Dining 687,069 Deals and Events" Eater Online Greg Morabito 7/31/12 "15 Epic New York Burgers to 72,895 Eat Before You Die" *New York Post Print Emily Smith 7/28/12 Lure in "Page Six" for Scarlett 555,327 Johansson sighting Cooking Broadcast Sarah Kanter 7/28/12 Josh in "The American Dish N/A Channel, "Easy with a Chinese Twist" Chinese" The Price Hike Online Ryan Sutton 7/26/12 Lure and B&B's use of Tumblr 521 Eater Online Greg Morabito 7/11/12 "50 Reasons to Love NY 72,895 Summertime Dining" New York Post Print Steve Cuozzo 7/11/12 Lure in round-up of best 555,327 lobster deals in the city *Fork in the Online Clara Potter 6/26/12 Lure in oyster happy hour 375,636 Road round-up Joonbug Online Amanda Mactas 6/15/12 National Lobster Day 2,099 Forbes Online Lisa Mogensen 6/13/12 Lure in National Lobster Day 9,054,790 round-up GOTHAM Print Kaitlin Clark Summer Lure in summer story on 67,113 magazine lobster rolls The Chew Broadcast Jevon Bruh 6/6/12 Josh in segment about Pat 2,369,769 LaFrieda

CANCELLATION NO. 92070438 PETITIONERS RELIANCE 5 EXHIBITS 5A-5K 00019 2012

amNY Print Ben 6/6/12 Lure in oyster roundup 323,000 Widdicombe Women's Online Elizabeth Narins 6/4/12 Natalie in summer wine 140,590 Health slideshow The Wall Street Print Lettie Teague 6/2/12 "Drinking With" at Lure 2,117,796 Journal Rachael Ray Broadcast Holly Pakfar 5/23/12 Josh in burger segment 1,979,709 Show Food Republic Online Jessica Coggins 5/23/12 Lure at WITS benefit 53,363 SOMA Print Kivalani May/June Lure write-up 68,000 magazine McMurrin *Immaculate Online Alan Richman 5/11/12 Lure included in Alan 4,000 Infatuation Richman's "Friday Fives" Eater Online Greg Morabito 5/8/12 Josh's pizza 72,895 recommendations in "Hot Travels in Taste Online Lisa Mogensen 5/4/12 Lure in Cinco De Mayo piece 1,792 Complex City Online Jamie Shupak 5/3/12 Lure in "Picking the Right 1,452,239 Guide Restaurant for Date Night" Martha Stewart Broadcast Jon 4/23/12 Natalie in Italian red wine 475,000 Living Radio Constantino segment Eat Out New Broadcast Kelly Choi 3/22/12 Josh and Lure in sustainable N/A York seafood segment *Tasting Table Online Tressa Eaton 3/21/12 Lure in Lobster Roll Rumble 100,000 newsletter *Zagat Buzz Online Lauren 3/15/12 Lure in "NY Raw Bar Guide" 687,069 Bloomberg The Wall Street Print Kimberly Chou 3/7/12 Lure in "NY Lunchbox" feature 2,117,796 Journal *Zagat Buzz Online Leigh Crandall 3/5/12 Lure in "18 New York Happy 687,069 Hours With Food" Bravo Broadcast Darren Ward 2/27/12 Lure on "Bethenny Ever After" N/A

*Immaculate Online Brad Goreski 2/24/12 Lure in Brad Goreski's "Friday 4,000 Infatuation Fives" *Eater Online Ben Leventhal 2/24/12 Josh at SOBE 251,705 A magazine Print Marwan Feb. Lure in SoHo article 20,000 Naaman *Good Morning Broadcast Sarah Kunin 1/31/12 Josh in live Super Bowl 4,419,286 America segment *Village Voice Online Lauren Shockey 1/22/12 Daily News story coverage 375,636 "Fork in the Road" New York Daily Print Amanda Sidman 1/21/12 Women in wine 530,924 News *The Wall Street Print Steve Garbarino 1/21/12 Lure in "Journal Concierge: 2,117,796 Journal Insider's Guide to NYC" *Wallpaper* Print David Kaufman Jan. Guidebook listing N/A City Guide NYC TOTAL 69,930,492

CANCELLATION NO. 92070438 PETITIONERS RELIANCE 5 EXHIBITS 5A-5K 00020 2013

Media Outlet Medium Contact Date Topic Circ/UMV amNY Print Editors 12/20/13 Gingerbread class in" in Hotlist 318,729 Village Voice Online Nicole 12/19/13 Katie's interview in "Sweet Beat" 136,443 "Fork in the Schnitzler Road" Gothamist Online Editors 12/18/13 Lure's Tempura Shrimp in "25 193,571 Best Things We Ate & Drank in NYC in 2013" Eater NY Online Marguertie 12/11/13 Gingerbread class 67,213 Preston Thrillist Online Dan Gentile 12/9/13 Josh's opinion of 341,973 over/underrated meats Thrillist Online River Myers 12/2/13 Lure in "50 Oyster Happy 230,026 Hours" Rachel Ray Broadcast Tommy Crudup 11/20/13 "In The Bag" segment 1,700,000 Show Serious Eats Online Ben Jay 11/14/14 Lure and B&B in Thanksgiving 552,429 round-up Town & Country Online Sam 11/9/13 Bash burger at New York City 135,077 Dangremond Wine & Food Festival Tasting Table Online Tressa Eaton 11/7/13 Thanksgiving offerings at Lure 998,833 Zagat Online Kirsten Stamm 10/29/13 John in restaurant power 453,487 players round-up Zagat Online Amanda 10/25/13 "Flash Poll Results: Let's Build 453,487 Spurlock NYC'S Perfect Burger" New York Live Broadcast Kathryn 10/21/13 Josh in Burger Bash segment 235,000 Sheldon Village Voice Online Billy Lyons 10/21/13 Burger Bash coverage 261,677 "Fork in the Road" Grub Street Online Sierra Tishgart 10/21/13 Burger Bash coverage 68,797 Eater Online Greg Morabito 10/19/13 Burger Bash coverage 37,541 Zagat Online James Mulcahy 10/19/13 Burger Bash coverage 469,674 NY1 Broadcast Emily Clark 10/15/13 Josh in NYCWFF segment 760,000 preparing burger Grub Street Online Sierra Tishgart 10/11/13 Menu for Burger Bash 68,797 Well + Good Online Lisa Held 10/10/13 "Weekly Workout" 48,403 Rachael Ray Broadcast Tommy Crudup 10/2/13 Rollover meal segment with 1,700,000 Show Josh The Wall Street Print Marshall 9/30/13 Piece on John and MercBar 2,117,796 Journal Heyman Grub Street Online Beth Landman 9/30/13 Item on MercBar closing 68,797 New York Post Print Emily Smith 9/23/13 Huma Abedin at Lure in Page Six 522,868

Eater Online Greg Morabito 9/12/13 Lure lease coverage 37,541 Grub Street Online Belle Hushing 9/12/13 Lure lease coverage 68,797 New York Post Print Claire Atkinson 9/12/13 Lure lease announcement 522,868 Food Republic Online Matt Rodbard 9/5/13 Josh "Proud Alum" tailgating 97,905 series

CANCELLATION NO. 92070438 PETITIONERS RELIANCE 5 EXHIBITS 5A-5K 00021 2013

Parents Print Barbara Croft September Josh and kids in Back-to-School 2,203,283 Magazine special issue LIVE with Kelly Broadcast Deborah Raptis 8/2/13 Josh as judge in food truck 3,900,000 and Michael competition Zagat Blog Online Gabi Porter 7/30/13 Hasta manana in "13 Must-Try 469,674 Summer Cocktails" CBS New York Online Sarah Shaker 7/30/13 Lure and B&B in power lunch 834,185 round-up Food Republic Online Jess Kapadia 7/23/13 Lobster roll recipe 93,036 Thrillist Online Andrew Zimmer 7/23/13 Lure burger in "5 Best Burgers 230,026 in New York" Eater Online Greg Morabito 7/9/13 Lure in "The 38 Essential New 37,541 York Restaurants" GOTHAM Print Fary Walther Summer Lure in story about rosé wines 67,113 New York Print Kin Velsey 6/19/13 Piece about Lure lease 60,312 Observer AndrewZimmern Online Madeleine Hill 6/6/13 Interview with Josh 2,000 .com Serious Eats Online Eunice Choi 6/7/13 Lobster Roll Rumble slideshow 561,049 Eater NY Online Claire Nugent 5/25/13 Item about Lure lease 37,541 New York Post Print Emily Smith 5/23/13 Item about Lure lease 522,868 Eater NY Online Greg Morabito 5/22/13 Post on #savelurefishbar tweets 37,541 Eater NY Online Greg Morabito 5/21/13 Post about Lure lease 37,541 New York Post Print Emily Smith 5/20/13 News about Lure lease 522,868 Food Republic Online Matt Rodbard 5/20/13 Interview with Josh for grilling 73,960 month Zagat Blog Online James Mulcahy 5/16/13 "8 Best Oyster Happy Hours in 69,048 NYC" Grub Street Online Sierra Tishgart 5/15/13 Lure Skuna bay salmon in round- 68,797 up of morel mushroom dishes

The Rachael Ray Broadcast Producers 4/17/13 "5-minute meal" segment 1,700,000 Show Serious Eats Online Craig Cavallo 4/12/13 Participation in Wellness in the 561,049 Schools benefit New York Print Nitasha Tiku 4/8/13 Lure's tech-savvy clientele 60,312 Observer Guest of a Online Nicole Schreiber- 3/29/13 "Favorite NYC Brunch Spots To 40,516 Guest Shearer Try Easter Weekend" Lifestyle Mirror Online Sasha Levine 3/28/13 Chefs' favorite pizzas 20,713 *Grub Street Online Editors 3/22/13 Katie Holmes & Bethenny 68,797 Frankel sighting *New York Post Print Editors 3/22/13 Katie Holmes & Bethenny 522,868 Frankel sighting TOTAL 25,470,367

CANCELLATION NO. 92070438 PETITIONERS RELIANCE 5 EXHIBITS 5A-5K 00022 2014

Media Outlet Medium Contact Date Topic Circ/UMV HELLO! Magazine Online Editors 12/3/14 Katrina Bowden recommends 521,712 Lure to UK royals Thrillist Online Carrie Dennis 12/3/14 Lure and B&B in SoHo 3,420,645 neighborhood bar guide The New York Online Julie Satow 11/26/14 Jill Martin mentions Lure as 57,395,455 Times* her favorite restaurant Time Out New York Print Rheanna 11/20/14 Lure Fishbar's pie in 141,866 Bellomo Thanksgiving pie round-up AOL Kitchen Daily Online Lisa Bonarrigo 11/18/14 Day in the life of John N/A Refinery29 Online Kaitlin Menza 11/17/14 Lure Fishbar in SoHo 6,134,719 restaurant round-up The Infatuation Online Hillary 11/7/14 Mindy Kalhling mentions Lure 40,573 Reinsberg Fishbar Zagat Online Patty Lee 10/29/14 Lure Fishbar's Halloween 8,545,153 offerings Zagat Online Editors 10/22/14 Lure, B&B, ETB in Zagat 2015 8,545,153 listings Metro NY* Print Editor 10/2/14 Josh in "Blue Moon Burger 119,707 Bash" The Rachael Ray TV Tommy Crudup 9/29/14 "Naked Cooking" segment 4,990,732 Show Food & Wine Print Chelsea Morse Sep '14 Lure Fishbar in "Which City 944,191 has the Best Chefs" Food & Wine Online Justine Sterling 8/27/14 Josh in "10 Ways to Eat 4,985,659 Brunch Like a Chef" Zagat Online Editor 8/21/14 Lure in "Must-Try Oyster 8,545,153 Happy Hours in NYC" The New York Times Print Julia Moskin 7/14/14 Chrissy Teigen mentions Lure 2,149,012 * Fishbar New York Post Print Ian Mohr 5/7/14 Kate Upton, Seth Rogen, 500,521 "Page Six" David Spade sighting at Lure Village Voice "Fork Online Laura Shunk 4/17/14 Lure in "12 Ways to celebrate 136,443 in the Road" Easter 2014 in NYC" The Latin Kitchen* Online Jennifer Fauci 4/14/14 Josh in chefs' Easter N/A memories Grub Street Online Editor 4/11/14 Easter egg-decorating class at 86,088 Lure Eater Online Greg Morabito 4/9/14 Keenan Thompson Lure 51,692 sighting Thrillist Online Adam Lapetina 4/1/14 Josh on "How to Make an 289,234 Incredible Burger" Food Network Print Editors April Josh & Lure in "Grocery-store 1,597,796 magazine Products Chefs Love" The Village Voice Online Editors 3/26/14 Lure in "99 Essential 136,443 "Fork in the Road" Restaurants in Lower Manhattan" Tasting Table Online Editors 3/25/14 Lure Fishbar pop-up at B&B 284,250 Grub Street Online Editors 3/24/14 Lure Fishbar pop-up at B&B 86,088 Eater Online Greg Morabito 3/23/14 Lure Fishbar pop-up at B&B 51,692 The Chew Broadcast Jevon Bruh 3/12/14 Josh co-hosted 316,702

CANCELLATION NO. 92070438 PETITIONERS RELIANCE 5 EXHIBITS 5A-5K 00023 2014

The New York Post Print Stephanie Smith 3/12/14 Jessica Lange and Kathy Bates 500,521 "Page Six" sighting at Lure Serious Eats Online Max Falkowitz 3/6/14 Lure as an alternative to 552,492 Balthazar Gotham Print Dalene Spring Lure in "SoHo Bites" 67,113 Rovenstine Rachael Ray Show TV Tommy Crudup 1/28/14 Super Bowl "Dip Off" 4,990,732 People Magazine Print Liza Hamm 1/17/14 Bash Burger in "Great Ideas" 3,475,000 Eater New York Online Greg Morabito 12/31/14 Lure in Best Meals of 2013 59,838 TOTAL 119,662,375

CANCELLATION NO. 92070438 PETITIONERS RELIANCE 5 EXHIBITS 5A-5K 00024 2015

Media Outlet Medium Contact Date Topic Circ/UMV Food Network Print Editors July/Aug '15 Josh in "25 Chefs' Burger Secrets" 1,708,386 magazine The Infatuation* Online Andrew 6/5/15 Lure in best lobster roll round-up 161,019 Steinthal amNewYork Online Meredith Deliso 6/4/15 Lure in Oyster happy hour round- 325,469 up The Wall Street Print Marshall 6/1/15 Josh's participation in (RED) 2,294,093 Journal* Heyman benefit dinner New York Print Jennifer Wright 6/1/15 Josh's participation in (RED) 60,312 Observer* benefit dinner Tasting Table* Online Editors 5/23/15 Josh's pork burger recipe featured 856,911 on site The New Potato Online Laura & Danielle 5/13/15 Lure in Bobbi Brown profile 203,959 Kosann Refinery 29 Online Kaitlin Menza 5/8/15 Lure in "18 Restaurants in Soho 5,336,827 We Can't Live Without" Rachel Ray Show Broadcast Tommy Crudup 5/5/15 Josh in taco-off segment with N/A Katie Lee Grub Street* Online Audrey Bruno 5/1/15 Page Six pickup 232,399 New York Post "PaPrint Emily Smith 4/28/15 Jon Bon Jovi & Chris Christie sightin 477,314 The Infatuation Online Chris Stang 4/20/15 Lure in story on restaurants over 212,024 10 yrs old The Infatuation Online Chris Stang 4/20/15 Lure re-review 212,024 Refinery 29 Online Kaitlin Menza 4/14/15 Lure in"17 Restaurants in SoHo 5,336,827 We Can't Live Without" Eater Miami* Online Olee Fowler 4/13/15 Josh & Lure in chef advice for 61,259 perfect burger NBC TODAY Broadcast Sarah Clagett 4/13/15 Josh in National Grilled Cheese N/A Show Month segment Eater NY* Online Devra Ferst 3/25/15 Josh & restaurants mentioned in 250,609 Citi Field dining story Esquire* Online John 3/24/15 John Legend mentioned BMC & 4,109,844 Hendrickson Lure New York Post* Online Jonathan 3/23/15 New York magazine pickup 12,937,285 Lehman New York Print Chris Smith 3/23/15 Josh & Lure in Matt Harvey profile 400,000 magazine* New York Post Print Emily Smith 3/18/15 Whoopi Goldberg sighting at Lure 477,314 "Page Six"* Eater NY* Online Marguerite 3/18/15 Josh & restaurants mentioend in 250,609 Preston Citi Field dining story Miami Herald* Online Editors 3/10/15 Lure is Kristen Taekman's favorite 15,985,123 restaurant New York Post Print Doree Lewak 3/10/15 Bash Style Burger #2 in top 5 477,314 burgers in NYC Crain's New Print Editors 3/9/15 Photo of Josh at Cookies for Kids' 51,385 York Business* Cancer benefit The Village Voice Online Editors 3/6/15 Bash Style Burger in "Ten Best 22,199 Fork in the Road Burgers in NYC, 2015"

The Infatuation* Online Andrew 3/6/15 Lure in Brooke Hammerling's 213,683 Steinthal "Friday Fives"

CANCELLATION NO. 92070438 PETITIONERS RELIANCE 5 EXHIBITS 5A-5K 00025 2015

New York Post* Online Carl Campanile 3/4/15 Ivanka Trump & Eric 12,937,285 Schneiderman dined Lure El Media Group Online Eric Shepard 2/28/15 Josh in "Chefs Talk Music" N/A YouTube* SOBEWFF video Sinovision Online Sherry Tao 2/26/15 Josh's SOBEWFF Burger Bash N/A (Chinese interview publication) Christian Online Scott Hume 2/23/15 Josh's SOBEWFF Burger Bash win N/A Science mentioned Monitor* The Daily Meal Online Dan Myers 2/23/15 Josh in SOBEWFF piece 595,751 Gossip Extra* Online Editors 2/22/15 Josh's SOBEWFF Burger Bash win 102,020 mentioned The Latin Online Amanda Cargill 2/21/15 Josh and Lure Miami in SOBEWFF 50,668 Kitchen* Burger Bash story Food Network Online Mari Russo 2/20/15 Josh and Lure Miami in SOBEWFF 24,874,009 Burger Bash story Bloomberg Radio Shelby Goldman 2/20/15 Josh in SOBEWFF radio segment N/A Radio The Daily Meal Online Arthur Bovino 2/20/15 Josh in piece on SOBEWFF panel 595,751 The Daily Meal Online Dan Myers 2/20/15 Josh's SOBEWFF Burger Bash win 595,751 The Daily Meal Online Arthur Bovino 2/19/15 Josh in play-by-play of SOBEWFF 595,751 Miami Herald* Online Evan S. Benn 2/17/15 Lure Miami bar director in S. FL 50 15,985,123 culinary honorees Burger Days Online Suzanne Joyella 2/17/15 Josh SOBEWFF Burger Bash N/A interview Grub Street Online Audrey Bruno 2/13/15 Misty Copeland sighting pickup 250,609 from Page Six Miami New Online Carla Torres 2/12/15 Lure Miami mentioned in SOBE 444,157 Times Short Burger Bash story Order The Infatuation Online Andrew 1/30/15 Lure in Molly Sims' go-to NYC 213,683 Steinthal picks Grub Street Online Audrey Bruno 1/23/15 Page Six Pickup 268,164 New York Post Print Ian Mohr 1/23/15 Cam Newton sighting at Lure 477,314 "Page Six" The New York Online John Koblin 1/21/15 Lure in story on modern power 57,397,455 Times lunches Fodor's Online Kate Donnelly 1/21/15 BMC in "Where to Eat in NYC: 2,636,740 Winter 2015" New York Post Print Emily Smith 1/20/15 Brooke Shields lunch sighting at 477,314 "Page Six" Lure Huffington Online Todd Van Luling 1/8/15 Emma Stone and Andrew Garfield 41,026,511 Post* sighting at Lure SHAPE Print Alyssa Shelasky Jan/Feb '15 John's lunch advice in "Eat Right, 1,630,741 Empower Lunch!" TOTAL 213,808,985

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EXHIBIT 5D

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EXHIBIT 5E

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EXHIBIT 5F

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EXHIBIT 5H

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CANCELLATION NO. 92070438 PETITIONERS RELIANCE 5 EXHIBITS 5A-5K 00044 EXHIBIT 5I

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EXHIBIT 5J

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CANCELLATION NO. 92070438