UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

FAMOUS JOE'S PIZZA, INC., a New York Corporation,

Plaintiff,

-against-

LITTLE JOE PIZZA, INC., a New York Corporation d/b/a LITTLE JOE'S PIZZA; NAT ALIA RAMIREZ, an individual; SERGIO RAMIREZ, an individual; and JOHN DOES 1-5.

Defendants.

ECF CASE

Civil Action No.

COMPLAINT

JUDGE WOODS

JURY TRIAL DEMANDED

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:..-· J 0 0 Plaintiff Famous Joe's Pizza, Inc., for its complaint against the Defen~ts ~reifi,1u

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states as follows on knowledge as to Plaintiff and otherwise on information and belief:

INTRODUCTION

1. Plaintiffs related company opened its first pizza restaurant in 1975 at 233

Bleecker Street, New York, NY, at the comer ofBleecker and Carmine. Exhibit A is an image of a

photograph of the first restaurant at 233 Bleecker Street. In 1996, Plaintiff opened a second location

at 7 Carmine Street in New York City, New York, a few storefronts down from the 233 Bleecker

Street comer. Exhibit Ban image of a photograph of Plaintiffs current restaurant at 7 Carmine

Street. After co-existing for a number of years, the original Bleecker location closed and Plaintiff

continued only at 7 Carmine Street.

2. In 2013, Plaintiff granted it first trademark license to a pizza restaurant which

opened at 150 East 14th Street, near the comer of Third Avenue, also in New York City, and operates

under the name Sevillian Group LLC ("Plaintiffs Licensee"), and said restaurant now uses

Plaintiffs marks under said license. Exhibit C is an image of a photograph of the 14th Street

restaurant.

3. Since its beginnings in 1975, Plaintiffs restaurant has been widely known as

"Joe's Pizza." In addition to the instantly recognizable mark JOE'S PIZZA (Stylized) which

Plaintiffhas used since at least December 1983 on its front signage and otherwise, Plaintiff recently

adopted a distinctive JOE'S PIZZA Logo which incorporates the JOE'S PIZZA (Stylized). The

restaurants prominently use the marks JOE'S PIZZA (Stylized) and the current locations also use the

mark JOE'S PIZZA Logo, as can be seen in Exhibit Band C. Plaintiffhas plans to further expand its

locations inN ew York City in particular, regionally, nationally and internationally, either on its own

or via licensees.

4. Plaintiff owns a U.S. registration of the service mark JOE'S PIZZA (Stylized).

A copy of this registration is annexed hereto as Exhibit D. In addition, Plaintiff owns a U.S.

registration of the service mark JOE'S PIZZA Logo. A copy of this registration is annexed hereto as

Exhibit E.

5. Without Plaintiff's consent, and knowing full well of Plaintiff and its

esteemed reputation and abundant goodwill, the Defendants (including a now ex-employee of

Plaintiff's Licensee) opened a pizza restaurant under the name LITTLE JOE'S PIZZA on or about

November 20, 2014. Exhibit F is an image of a photograph showing the signage on the front of

Defendants' restaurant. Defendants' restaurant is located at First A venue, near the comer of East 2nd

Street, in New York, NY- a location that is walking distance from the East 14th Street restaurant and

very close to Plaintiff's 7 Carmine Street location.

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6. Defendants' use of the mark LITTLE JOE'S PIZZA contravenes Plaintiff's

valuable trademark rights, and blatantly infringes Plaintiff's federally registered trademarks.

7. Further, Defendants, in the promotion and marketing of their new pizza

business, used on their website and at their restaurant photographs taken at Plaintiffs business which

show Plaintiff's registered marks, and thus Defendants are liable for counterfeiting each of Plaintiff's

registered marks. These photographs further show Plaintiff's celebrity customers, and by appearing

on the website and the walls of Defendants' restaurant, suggest or imply that those celebrities

endorse Defendants' business, or that Plaintiff's and Defendants' respective restaurants are related,

which is not the case.

8. All of Defendants' acts have already and will undoubtedly continue to cause

confusion and irreparable harm to Plaintiff's reputation and goodwill and must be preliminarily and

permanently enjoined.

THE PARTIES

9. Plaintiff is a corporation organized and existing under the laws of the State of

New York with an office and principal place ofbusiness at 7 Carmine Street, New York, NY.

10. Defendant Little Joe Pizza, Inc., is a corporation organized under the laws of

the State ofNew York with a principal place ofbusiness at 26 First Avenue, New York, NY 10009,

where it opened a pizza restaurant under the name LITTLE JOE'S PIZZA.

11. Defendant Natalia Ramirez is an individual who owns defendant Little Joe

Pizza, Inc. ("Little Joe's Pizza"). Natalia Ramirez manages, controls and operates the business and,

as such, she is responsible for the tortious acts of Little Joe's Pizza. Little Joe's Pizza is so

dominated and controlled by Natali a Ramirez that said individual and the corporate defendant are

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interchangeable with one another.

12. Defendant Sergio Ramirez is an individual who was, until the infringing and

unfair actions alleged herein were discovered, an employee ofPlaintiffs Licensee. Sergio Ramirez

is now an employee of Defendant Little Joe's Pizza and the husband ofNatalia Ramirez. While he

was employed by Plaintiffs Licensee, Sergio Ramirez worked as a delivery man and as a cashier.

Sergio Ramirez never made pizza at Plaintiff Licensee's restaurants.

13. There may be additional persons or entities involved in the infringement of

Plaintiffs rights and Plaintiff, therefore, sues them by fictitious names John Does 1 through 5.

Plaintiff has yet to confirm the true identities and acts of participation of Does 1 through 5, inclusive,

and therefore must now sue them by such fictitious names. Plaintiff is informed and believes that

each of the Defendants designated as a Doe is liable in some manner for the acts and omissions,

damages and injuries of which Plaintiff alleges in this Complaint. Plaintiff will seek to amend the

Complaint to state the true identities of Does 1 through 5 when ascertained.

JURISDICTION AND VENUE

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

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

laws of the State ofNew York.

15. This Court has jurisdiction over the subject matter of this action pursuant to 28

U.S.C. § 1338(a), the Lanham Trademark Act of the United States, 15 U.S.C. § 1121, et seq. This

Court has supplemental jurisdiction over the state law claims pursuant to 28 U.S.C. § 1367(a).

16. This Court has personal jurisdiction over Defendants because the Defendants

are doing business in the State of New York through a restaurant located in New York City, the

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named corporate defendant is a New York Corporation, and the named individual Defendants also

reside in the State ofNew York.

17. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391 because

this is an action brought pursuant to the Lanham Trademark Act, Defendants conduct business in this

judicial district, the corporate defendant is subject to personal jurisdiction here, and the events giving

rise to the allegations of this complaint occurred in this district.

BACKGROUND

A. History of Joe's Pizza and Its Reputation and Goodwill

18. Plaintiffs founder, Pino Pozzuoli ("Pozzuoli"), now in his late 70's and still

putting time and energy into the business he created, first opened pizza restaurants in Boston in the

1960's, after moving to the USA from Italy. Those restaurants were successful and Pozzuoli sold the

businesses, anticipating a move out of Boston.

19. In 1974, Pozzuoli settled in NYC, and by early 1975, he opened the now

heralded pizza restaurant at 233 Bleecker Street, New York, NY, on the comer of Bleecker and

Carmine in Greenwich Village. He first began to use the name and mark JOE'S PIZZA to operate

the business because "Joe" is the English equivalent ofhis Italian given name "Pino." Pozzuoli put

up his now famous JOE~s PIZZA (Stylized) signage on both the Bleecker and Carmine sides of the

first restaurant in about 1983, and has used the mark in that distinctive stylized font since 1983.

20. To keep up with kitchen demand, in 1996, Pozzuoli opened a second location

of a few doors down the street, at 7 Carmine Street. After Pozzuoli opened the second location, he

used the same JOE'S PIZZA (Stylized) on the restaurant signage, and he placed an image of his

Bleecker Street storefront in a frame and displayed it prominently on a wall of the 7 Carmine Street

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restaurant, so there was no doubt that anyone seeing the business at 7 Carmine would associate it

with the 233 Bleecker restaurant. Over the years, both the mark JOE'S PIZZA (Stylized) and the

Bleecker Street storefront image became distinctive of Plaintiff's pizza restaurant services.

21. With many years ofhard work and long hours, Pozzuoli made the business the

well-known pizza restaurant that it is today, as popular with the local residents as with the bridge and

tunnel crowd that would form lines out the door to get a quick bite after a night on the town. It even

has an international following.

22. Through these years, Plaintiff's business received much publicity, acclaim and

was written about and reviewed in many publications. That publicity included, in 1996, New York

Magazine naming JOE'S PIZZA "Best ofNew York." This was New York Magazine's yearly double

issue that features some of the most popular restaurants, bars, clubs etc. The article describes

Plaintiff's pizza as "the quintessential New York slice." Exhibit G.

23. New York Magazine has given JOE'S PIZZA many positive reviews over the

years. In one review, the magazine referred to JOE'S PIZZA as "a Greenwich Village institution."

Exhibit H.

24. Time Out New York, a magazine that focuses on arts, leisure, recreation and

dining in New York, often lists JOE'S PIZZA as one of the top Pizza shops. In the November 30,

2006 issue, which features a cover story about pizza, JOE'S PIZZA is ranked as number 5, and is

specifically noted as one of the best late night pizza destinations in NYC. Exhibit I.

25. Also, the New York Post printed an article called "PIZZA WARS" and

included a photograph of JOE'S PIZZA and competitor Dominos. The article included a comparison

and portrayed JOE'S PIZZA's pizza quite favorably. Exhibit J.

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26. JOE'S PIZZA has been a stop on several tour bus lines that bring in tourists

from all over the world. Scott's Pizza Tours (see http://www.scottspizzatours.com) featured JOE'S

PIZZA as one of the key stops on their New York walking tour, noting that: "IfKevin Spacey, Kevin

Bacon, Ben Affleck and thousands ofN ew Yorkers are right, Joe's is the greatest slice of pizza in the

world." See Exhibit K.

27. JOE'S PIZZA has appeared in many films, TV Shows and various other print

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

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

location. Films and TV shows where JOE'S PIZZA can be seen include:

Fatso (1980)

Law & Order ( 1990s)

The Night We Never Met (1993)

Along Came Polly (2004)

Looking For Kitty (2004)

28. JOE'S PIZZA was also seen on popular morning talk shows such as the

REGIS AND KELLY show. There was a segment on the staff's favorite places to eat in Manhattan

and Kelly even interviewed Pino Pozzuoli on the show.

29. Extensive shooting at JOE'S PIZZA was done for the film SPIDERMAN 2,

starring Toby Maguire as Peter Parker/Spiderman, in 2004. JOE'S PIZZA is in fact one of the key

locations for the movie. In the storyline, it is where the central character Peter Parker works. JOE'S

PIZZA is prominent in the entire opening sequence of the film as the central character is faced with

the daunting task of delivering some of JOE'S PIZZA pies through crowded New York City streets.

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30. SPIDERMAN 2 was a tremendous box office success and the third highest-

grossing film of that year. According to the Internet Movie Data Base (imdb.com) it is 24th in all­

time USA box office gross. The SPIDERMAN films remain very popular. JOE'S PIZZA still

receives phone calls from comedy radio shows asking (in good fun), why did the business "fire"

Peter Parker? Photographs of Peter Parker working for JOE'S PIZZA are included as Exhibit L.

31. JOE'S PIZZA was also used in a subway ad campaign for the popular HBO

series, Sex and the City. This ad campaign showed the star of the series Sarah Jessica Parker playing

Carrie Bradshaw, immersed in the daily New York City experience. Some of the posters showed her

in a yellow taxi cab. Others showed her on a pay phone (this was the late 90s when cell phone use

was not yet ubiquitous) and in other ads, she was shown eating a pizza slice at JOE'S PIZZA's

outdoor tables. Apparently, nothing quite captured "the City" as well as the yellow taxi cab, the

NYC-styled pay phone, and JOE'S PIZZA! See Exhibit M.

32. JOE'S PIZZA has received many unsolicited celebrity endorsements. Film

star Ben Affleck has often stated how he is a fan. In the April 10, 2004 New York Post, he said,

"There are tons of pizza places all over New York. It definitely has the best pizza in the world. But

Joe's is the best of the best." See Exhibit N.

33. In 2002, Nike featured JOE'S PIZZA storefront in a commercial. The

commercial, entitled Jason Giambi "Goes Yard," portrays a series of NYC images marked by

distances from where Jason Giambi, a then famous Yankee player, is about to hit the ball. In the

stadium there is seen a 399 feet distance. The Roseland Ballroom is at 26,826 feet distance, the

Empire State Building is at 29,287 feet, the Verrazano Bridge is at 92,874 feet away, the Station

Island Ferry is 78,315 feet away and also there is a screen shot of the JOE'S PIZZA at 10,502 feet

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away. The commercial can be seen at Plaintiffs website at

http://www.joespizzanyc.com/files/42496534.MPG. And a screen shot of the storefront in the

commercial showing its distance from Giambi is reproduced below:

34. Even the computer game GRAND THEFT AUTO III featured an image of

JOE'S PIZZA's storefront as part of its effort to replicate an authentic NYC backdrop. Appearing in

that game is an artist's rendition ofthe image of one side ofPlaintiffs storefront at 233 Bleecker.

See the below screenshot from the computer game. At least 15 million copies of the game have sold

and all those using the game identifY the distinctive JOE'S PIZZA (Stylized) with Plaintiffs

business:

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B. Plaintiffs Trademark Registrations

35. As noted above, Plaintiffhas registered its long used trademark JOE'S PIZZA

(Stylized) with United States Patent and Trademark Office and owns all right, title and interest in and

to the mark JOE'S PIZZA (Stylized), shown below:

t)oe~b PIZZA

This mark is the subject ofU.S. Registration No. 4,333,540 issued by the United States Patent and

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Trademark Office on May 14, 2013 in connection with restaurant services featuring pizza and take­

out restaurant services, and cites a date of first use at least on or before December 31, 1983. See

Exhibit D hereinabove.

36. Plaintiff also owns all right, title and interest in and to the mark herein referred

to as JOE'S PIZZA Logo:

This mark is the subject of U.S. Registration No. 4,402,507 issued by the United States Patent and

Trademark Office on September 17,2013 in connection with restaurant services featuring pizza, and

for take-out restaurant services, and cites a date of first use of March 2012, and at least as early as

December 31, 1983 in an earlier form. See Exhibit E hereinabove.

C. Defendants' Unlawfully Competing Acts and Operations

3 7. On or about November 20, 2014, Defendants opened a pizza restaurant located

at 26 First Avenue, New York, NY, and named it LITTLE JOE'S PIZZA.

38. On the date that Defendants' LITTLE JOE'S PIZZA opened, Defendant

Sergio Ramirez, was an employee of Plaintiff's Licensee, and had told his employer that he was

taking off a few weeks to go on vacation to his native country of Mexico.

39. Sergio's name is not Joe. No one affiliated with Defendants' business named

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Joe, and even if that were the case, Plaintiffs statutory and common law trademark rights would

prevail over any such user.

40. The exterior of Defendants' pizza restaurant displays signage that shows a

JOE'S PIZZA mark in a form that is confusingly similar to the JOE'S PIZZA (Stylized) mark. See

Exhibit F referenced hereinabove, which image is reproduced below:

On the inside of the restaurant, Defendants hung numerous photos ofDefendant Sergio Ramirez,

taken at Plaintiffs restaurant at Carmine and/or at East 14th Street, including images of Sergio

Ramirez with JOE'S PIZZA's celebrity customers, such as Ricky Martin, John Leguizamo, Drake

and Kirsten Dunst (who co-stared in Spiderman). In the photos, Sergio Ramirez is seen wearing t-

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shirts featuring Plaintiff's registered JOE'S PIZZA (Stylized) mark and the JOE'S PIZZA Logo, as

well as other t-shirts worn by JOE PIZZA employees at various times, including a t-shirt which

promoted Plaintiff's business as being featured in New York Magazine (see Exhibit H). These

photographs are annexed as Exhibit 0.

41. Defendants' intentionally displayed these images of Plaintiff's business and of

Sergio Ramirez with JOE PIZZA's customers wearing the t-shirts showing Plaintiff's trademarks so

that customers seeing the photos at Defendants' restaurant would think that Defendants' pizza

restaurant is associated with Plaintiff and its business, or is a licensee of Plaintiff.

42. Defendants' also created and uploaded a website containing these images.

The fifteen photos displayed on Defendants' website are annexed as Exhibit P. On their website,

Defendants also use the mark LITTLE JOE'S PIZZA which is a confusingly similar copy of

Plaintiff's JOE'S PIZZA (Stylized). See Exhibit Q.

43. Defendants' website is operated at internet domain littlejoespizzanyc.com ,

which was registered on November 13,2014. See annexed Exhibit R. Defendants' domain name

littlejoespizzanyc.com incorporates the entirety of Plaintiff's trademark JOE'S PIZZA, as well as

Plaintiff's internet domain which is joespizzanyc. com, and was created to mimic Plaintiff's domain

name.

44. Upon information and belief, Defendant Sergio Ramirez created and/or

directed the creation of the littlejoespizzanyc website, including directing the use of the fifteen

photographs on the website that show Sergio Ramirez while employed by Plaintiff, display

Plaintiff's registered trademarks, show Plaintiff's JOE'S PIZZA restaurant locations, and show some

of Plaintiff's celebrity customers. Additionally, Sergio Ramirez supplied these photographs and

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directed that they be displayed inside of Defendants~ restaurant.

D. Press Coverage Re the Opening of Defendants~ Pizza Restaurant Fuels Confusion/ Association

45. On November 24, 2014, Eater New York published an article about the

opening of Defendants~ pizza restaurant which made numerous references to Plaintiff's business. It

even used a photo of Defendant Sergio Ramirez at a JOE~S PIZZA restaurant, obviously supplied by

Sergio Ramirez. The article spun the opening of Defendants' business in a manner which suggested

that Sergio Ramirez was a seasoned pizza maker by presenting him as the person "at the helm of the

pizza oven," and it suggests that he was formerly a JOE'S PIZZA pizza maker for Plaintiff, which

was not the case. ExhibitS.

46. Also, thereafter, Evgrieve.com published an article prominently featuring the

signage on Defendants' pizza business storefront. That article reports that the proprietors of the

newly opened establishment are "all veterans" of Joe's Pizza on Carmine Street. See Exhibit T

annexed hereto. That information was provided to Evgrieve by Defendants, and is untrue.

4 7. In response to the article in Evgrieve. com, one customer posted a message

saying he is confused by the connection between Plaintiff's and Defendants' business but would try

the new location because he likes Plaintiff's pizza. See Exhibit T. Another reader commented that

he had visited Defendants' restaurant - "sort of excited when I saw this article thinking another

location could this be true! ! ! " The reader believed that Defendants' business was associated with

Plaintiff's business based on a photo showing Plaintiff's Bleecker Street and Carmine Street

locations on the walls of Defendants' business. See Exhibit T.

48. There is no doubt that Plaintiff's patrons and the public have been and will be

confused by Defendants' use of marks belonging to JOE'S PIZZA on the t-shirts worn by Sergio

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Ramirez next to Plaintiffs celebrity clients to endorse Defendants~ business. Actual confusion is a

foregone conclusion. For example, on FOODGUYNY' s Instagram, one consutner commented on a

picture from Defendants' restaurant: "I knew it had to be related to joes. Deff a try tomorrow". See

Exhibit U annexed hereto. Not only the Plaintiff but Plaintiffs patrons and the public will be

harmed and damaged unless this Court grants the relief requested herein.

49. Public confusion and association of the businesses are further evident on

Skinny Pig's Instagram page, annexed as Exhibit V.

50. Immediately upon learning of the opening of Defendants' business, Plaintiff

requested its counsel to send a Cease and Desist letter to Defendants and such letter was sent on

immediately November 25, 2014. See Exhibit W annexed hereto.

51. Plaintiff demanded that Defendants' cease their unlawful and infringing

conduct and provide Plaintiff with assurances they had done so by December I , 2014. After

Defendants' receipt of the letter Plaintiffs counsel spoke to two separate attorneys who initially

appeared to have been engaged by Defendants, but one attorney later said he was disengaged, and the

other never followed up with a response to Plaintiffs letter.

52. Despite receipt ofPlaintiff s counsel's letter, Defendants continue their blatant

infringing and injurious actions, to Plaintiffs detennent and despite actual public confusion.

COUNT I

VIOLATION OF 15 U.S.C. §1114 (Trademark Counterfeiting)

53. This cause of action arises under§ 32 of the Lanham Act, as amended, 15

U.S.C. § 1114 et seq., for counterfeiting of a federally registered mark.

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54. Plaintiff repeats and realleges the allegations contained in the forgoing

paragraphs 1 through 52 as though fully set forth herein.

55. The foregoing acts of the Defendants are likely to cause confusion, mistake

and deception in commerce among members of the purchasing public and the trade as to the true

source, origin, or sponsorship of their restaurant services provided by a pizza establishment.

56. Use by Defendants of the federally registered marks JOE'S PIZZA (Stylized)

and JOE'S PIZZA Logo for restaurant services in photos hanging on the walls of Defendant's

business location and on Defendant's website constitutes clear and direct counterfeiting ofPlaintiffs

rights in and to its two federally registered marks.

57. Defendants' acts have been committed with the knowledge that that such

imitation is intended to be used to cause confusion, or to cause mistake or to deceive the consumer

and the public.

58. Defendants have willfully and intentionally used Plaintiffs registered marks

to connect their business to Plaintiff and Plaintiffs pizza restaurant.

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

permission, license or consent of Plaintiff.

60. As a result of Defendants' acts, Plaintiff has suffered irreparable injury.

Plaintiff has no adequate remedy at law.

61. Plaintiff is entitled to an order preliminarily and permanently enjoining and

restraining the Defendants from engaging in said acts as provided under 15 USC Section 1116(a),

and to a seizure upon ex-parte application as provided under 15 USC § 1116( d)(l ).

62. Plaintiff is entitled to three times the amount of its profits or damages,

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together with reasonable attorney's fees, as pern1itted in 15 U.S.C. §1117.

COUNT II

VIOLATION OF 15 U .S.C. § 1114 (Trademark Infringement -Federally Registered Mark)

63. This cause of action arises under §32 of the Lanham Act, as amended, 15

U.S.C. § 1114 et esq., for infringement of a federally registered mark.

64. Plaintiff repeats and realleges the allegations contained in the forgoing

paragraphs 1 through 62 as though fully set forth herein.

65. The foregoing acts of the Defendants are likely to cause confusion, mistake

and deception in commerce among members of the purchasing public and the trade as to the true

source, origin, or sponsorship of their restaurant services. Use by Defendants of the mark LITTLE

JOE'S PIZZA constitutes clear and direct infringement of Plaintiffs rights in and to its federally

registered n1ark JOE'S PIZZA (Stylized).

66. The mark LITTLE JOE'S PIZZA is identical with or substantially

indistinguishable from Plaintiffs mark for the identical services registered by Plaintiff for its mark.

67. Defendants' acts have been committed with the knowledge that that such

imitation is intended to be used to cause confusion, or to cause mistake or to deceive the consumer

and the public.

68. Defendants have intentionally used the mark LITTLE JOE'S PIZZA knowing

such mark is an infringing mark in connection with restaurant pizza services.

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

permission, license or consent of Plaintiff.

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70. As a result of Defendants~ actions, Plaintiff has suffered irreparable injury.

Plaintiff has no adequate remedy at law.

71. Plaintiff is entitled to an order preliminarily and permanently enjoining and

restraining the Defendants from engaging in said acts as provided under 15 U.S.C. § 1116(a).

72. Plaintiff is entitled to three times the amount of its profits or damages,

together with reasonable attorney's fees, as permitted in 15 U.S. C. § 111 7.

COUNT III

VIOLATION OF 15 U.S.C. §1125(a) (False Designation of Origin and False and Fraudulent Representations)

73. This cause of action arises under §43(a) of the Lanham Act, as amended, 15

U.S.C. §1125(a), for false designation of the origin and false description and representation.

74. Plaintiff repeats and realleges the allegations contained in the foregoing

paragraphs 1 - 72 as though fully set forth herein.

75. The foregoing acts of the Defendants constitute false designation of origin,

false description and false representations in commerce that the Defendants' restaurant is that of

Plaintiff, or is sponsored, approved, authorized by or affiliated with Plaintiff.

76. The Defendants' actions have caused and will continue to cause confusion or

mistake among consumers and the public as to the true origin, source, sponsorship or affiliation of

the Defendants' restaurant services in violation of §43(a) of the Lanham Act, as amended.

77. Plaintiff has no control over the quality of the food served at Defendants'

restaurant, with the result that Plaintiffs valuable goodwill in its marks will be damaged.

78. As a result of the Defendants' acts, Plaintiffhas and will suffer irreparable

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injury. Plaintiff has no adequate remedy at law for the Defendants' continued acts.

79. Plaintiff is entitled to an order preliminarily and permanently enjoining and

restraining the Defendants from engaging in said acts.

80. Plaintiff is entitled to damages, to be trebled, for the willful and intentional

conduct of Defendants.

COUNT IV

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

81. Plaintiff repeats and realleges each allegation in paragraphs 1 to 80 hereof as if

fully set forth herein.

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

U.S.C. § 1125(d).

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

<www.littlejoespizzanyc.com> with knowledge of Plaintiffs rights in Plaintiffs trademarks and

84. Defendants registered and have maintained the said domain name with the

intent to divert customers from Plaintiff and to associate themselves with Plaintiff.

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

to profit from the fame and notoriety of Plaintiffs trademarks.

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

domain name despite the fact that there is no owner of Defendants' business named "Joe."

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

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

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

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

<www.littlejoespizzenyc.com>.

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

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

foregoing activities continue, it is believed that the damage to Plaintiff will exceed $5,000,000.

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

for which it has no adequate remedy at law.

COUNTY

VIOLATION OF NEW YORK GEN. BUS. LAW §360-1 and 349-h (Injury to Business Reputation and Deceptive Business Practices)

90. Plaintiff repeats and realleges each allegation in paragraphs 1 to 89 hereof as if

fully set forth herein.

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

Plaintiff's business reputation.

92. The foregoing activities of Defendants are without the permission, license or

consent of Plaintiff and, unless enjoined by this Court, Defendants will continue these practices and

acts, thereby harming Plaintiff's business reputation and causing Plaintiff immediate and irreparable

Injury.

93. Defendants' wrongful acts violate §360-I and 349-h of the New York General

Business Law.

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94. Defendants~ foregoing activities have irreparably damaged Plaintiffs

reputation and have further caused Plaintiff monetary damages in an amount as yet unknown, but if

Defendants' foregoing activities continue, the damage to Plaintiff will exceed $5,000,000.

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

for which it has no adequate remedy at law.

COUNT VI

UNFAIR COMPETITION AND MISAPPROPRIATION UNDER THE COMMON LAW

95. Plaintiff repeats and realleges each allegation in paragraphs 1 to 93 hereof as if

fully set forth herein.

96. The aforesaid activities ofDefendants misappropriate and trade upon the fine

reputation and goodwill of Plaintiff, thereby injuring that reputation and goodwill, and unjustly

divert from Plaintiff to Defendants the benefits rightfully belonging to Plaintiff.

97. The aforesaid activities of Defendants constitute unfair competition, false

advertising and misappropriation as proscribed by the common law.

98. The aforesaid activities ofDefendants are likely to result in confusion between

Defendants' pizza establishment and Plaintiff and/or Plaintiffs pizza establishments, and the

establishments of current or future licensees of Plaintiffs.

99. The aforesaid activities ofDefendants have caused and will cause Plaintiff to

sustain monetary damage, loss and injury.

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

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

knowingly and willfully and in total disregard of Plaintiffs intellectual property rights.

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102. Defendants~ foregoing activities have irreparably damaged Plaintiff and have

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

foregoing activities continue, the damage to Plaintiff will exceed $5,000,000. Defendants' wrongful

acts have caused and will continue to cause Plaintiff to suffer irreparable harm for which it has no

adequate remedy at law.

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

A. Finding that Defendants have counterfeited Plaintiffs mark JOE'S PIZZA

(Stylized) and JOE'S PIZZA Logo in violation of the Lanham Act, 15 U.S.C. § 1114 and Defendants

are thus liable to Plaintiff for treble damages or profits therefore;

B. Finding that Defendants have infringed Plaintiffs marks JOE'S PIZZA

(Stylized) and JOE'S PIZZA Logo in violation of the Lanham Act, 15 U.S.C. § 1114 and Defendants

are thus liable to Plaintiff for damages or profits therefore;

C. Finding that Defendants have violated 15 U.S.C. §1125 (a) of the Lanham

Act, and Defendants are thus liable to Plaintiff for damages or profits therefor;

D. Finding that Defendants have violated 15 U.S.C. §1125 (d) of the Lanham

Act, and Defendants are thus liable to Plaintiff for damages or profits therefor;

E. Finding that Defendants have violated New York General Business Law §360-

1 and 349-h, and Defendants are thus liable to Plaintiff for damages or profits therefor;

F. Finding that Defendants' actions constitute unfair competition and

misappropriation under the common law of the State ofNew York and Defendants are thus liable in

damages therefor;

G. Enjoining Defendants preliminarily during the pendency of this action and

22

permanently hereafter from:

1. Using the Plaintiffs marks JOE'S PIZZA (Stylized) and JOE'S

PIZZA logo, or any mark that incorporates Plaintiffs marks, in any manner;

ii. Using any mark confusingly similar to Plaintiffs registered marks

JOE'S PIZZA (Stylized) and JOE'S PIZZA Logo, including but not limited to Defendants'

use of the mark LITTLE JOE'S PIZZA in any font or style;

iii. Operating Defendants' pizza restaurant under the business name

LITTLE JOE'S PIZZA or any other name that is likely to cause confusion or in any way be

associated with Plaintiff or with any of Plaintiffs marks or business;

IV. Misleading the public into thinking that Defendants' pizza business is

associated with, sponsored or endorsed by Plaintiff by, including but not limited to, using

images of Plaintiffs businesses, using images taken at Plaintiffs business in the marketing

and promotion of Defendants' business, and/or making statements to third parties regarding

Defendants which are false or misleading and/or deceptive in an effort to connect Defendants

or their business to Plaintiff or Plaintiffs business; and

v. using the domain name littlejoespizzanyc.com;

G. Directing Defendants to deliver to Plaintiff for destruction all signs, banners,

photographs, promotional or advertising items (including pizza boxes and bags) that infringe the

Plaintiffs marks and/or which Defendants are hereinabove enjoined from using;

H. Awarding Plaintiff its damages from Defendants' wrongful acts, such damages

to be trebled;

I. Directing Defendants to take down the LITTLE JOE'S PIZZA signage

23

immediately;

J. Directing Defendants to take down the photographs complained of herein

immediately;

K. Directing Defendants to transfer to Plaintiff any and all domain name

registrations that include the phrases "joespizza" or "littlejoes", including but not limited to the

<www .littlej oespizzanyc.com> domain name registration;

L. Directing Defendants to account to Plaintiff for all profits resulting from

Defendants' infringing activities and awarding Plaintiff such profits, such profits to be trebled;

M. Awarding Plaintiffs attorneys fees and costs; and

N. Awarding Plaintiff such other and further relief as the Court may deem just

and proper.

JURY DEMAND

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

Dated: New York, New York December 10, 2014

GOTT IEB, RACKMAN & REISMAN, P.C.

By:__,_ ____________ _

1 Maria A. Savio (MAS 7756) Marc P. Misthal (MPM 6636) Ariel S. Peikes (ASP 9157)

270 Madison Avenue New York, New York 10016 Phone: (212) 684-3900 Fax: (212) 684-3999

msavio@grr.com mmisthal@grr.com apeikes@grr .com

Attorneys for Plaintiff

24

Exhibit A

Exhibit B

Exhibit C

Exhibit D

~oe~b PIZZA

Reg. No. 4,333,540 FAMOUS JOE'S PIZZA, INC. (NEW YORK CORPORATION), AKA JOE'S PIZZA 7 CARMINE STREET

Registered May 14,2013 NEW YORK, NY 1oo14

Int. Cl.: 43

SERVICE MARK

PRINCIPAL REGISTER

Acting Dhrtor oru,. Udltd Stotet P•t•nl and 'lndemuk o~

FOR: RISTAURA.NT SERVICES FEATURING PIZZA; TAKE-OUT RESTAURANT SERVICES. lN CLASS 43 (U.S. CLS. 100AND 101).

FIRST USE 12-31-1983; 1N COMMERCE 12-31-1983.

NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "PIZZA", APART FROM THE MARK AS SHOWN.

THE NAME(S), PORTRAIT(S),AND/OR SIGNATURE(S) SHOWN IN THE MARK IDENTIFIES "JOE", WHOSE CONSENT(S) TO REGISTER IS MADE OF RECORD.

THE MARK CONSISTS OF THE WORDS "JOE'S PIZZA" IN STYLIZED LETTERS.

SER. NO. 85-418,757, FILED 9-9-201 I.

KATHERINE STOIDI~. EXAMINING AI'TORNEY

Exhibit E

Reg. No. 4,402,507 FAMOUS JOE'S PIZZA, INC. (NEW YORK CORPORATION), AKA JOE'S PIZZA 7 CARMINE STREET

Registered Sep. 17,2013 NEW YORK, NY 10o14

Int. Cl.: 43

SERVICE MARK

PRINCIPAL REGISTER

FOR: RESTAURANT SERVICES FEATURING PIZZA; TAKE-OUT RESTAURANT SERVICES, lN CLASS 43 (U.S. CLS. lOOAND 101).

FIRST USE 3-0-2012, THE MARK WAS FIRST USED ANYWHERE IN A DIFFERENT FORM OTHER THAN THAT SOUGHT TO BE REGISTERED AT LEAST AS EARLY AS 12/31!1983; IN COMMERCE -0-20 12, THE MARK WAS FIRST USED IN COMMERCE IN A DIFFERENT FORM OTHER THAN THAT SOUGHT TOBE REGISTERED AT LEAST AS EJ\RLY AS 12·'3 1: 198.1.

NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "PIZZA" , ''GREENWICH VIL­LAGE~ AND ·siNCE 1975" ,APART FROM THE MARK AS SHOWN.

THE MARK CONSISTS OF THE STYLIZED MARK "JOE'S PIZZA" CENTERED INAN OVAL; THE WORDS "SINCE 1975" IMMEDIATELY BELOW THE STYLIZED MARK; THE WORDS ''THE GREEN\\'lCH VILLAGE INSTITUTION"' PLAC ED AT TilE TOP BUT \l'liTIIIN THE OVAL; AND ~WWW.JOESPlZZANYC.COM'' PLACEU AI THE BOTTOM WITHIN THE OVAL.

SER. NO. 85-667,687, FliED 7-3-2012.

KARh"N BRACE Y. EXAMINING ATTORNEY

Exhibit F

Exhibit G

I

Columbus Avenue, ncar 86th Street: 721-3689), 'rEMPLE CAR (332 LofaycHc Street~ 925-4242), LANDMARK TAVERN (626 Eleventh Avenu\!, nt 46th Street; 75i-8595).

PIZZA Recent years have seen something of a pizza renaissanc~ thin-crust institutions like John's, Arturo's, and Totonno getling spirited competition from several nonsen­sically tmaffiliated Patsy's-es (Patsy being the Ray of the brick-oven-pizza world, ap­parently), and uptown offshoots of John's and Lombardi's. As a group. they can fi­nally stake a claim to superiotity over whatever the rest of the country passes off as thin-crust piz2a-New Haven excepted (though, as a Metro-North !>iop, nonethe­less pati of the greater mctropizzn area). Still, New York never having pumped it­self into Chic:lgo.-like frenzies of pride over its pic-making prowess, there is something contrived about this retro-nu­thcntic pizzc1ia boom. ln this most boule­vnrdiet~-fricndly of cities, pizza should rightly be considered street food, not very large gourmet · canapes. The true street pizza is the sJicc, and the quintessential New York slice is at JOE'S PIZZA (233 Bleecker Street; 366-1182). From a

':·

sweaty storefront at the increasingly over­run intersection of Carmine and Bleecker, Pino "Joe" Pozzuoli has for the past 25 years produced cunsistently. unwaveringly excellent 'za. Tangy sauce with just enough sweetness, a not-too-thick layer of creamy mozzarella, and a crust-this clinches it-that keeps ils crispiness with­out collapsing under the weight of the juicy topping. Ray can eat his dust.

BAGEL ESS·A·BAGEL (359 First Avenue, at 21st Street, 260-2252; 831 Third Avenue, near 50th Street, 980-1010). See ''Best Bagel," page 53.

RESTAURANT To choose. Not the most loved or lov­able. Not the homey mom-and-pop shop !hat makes one huppicsL Not necessarily pe1-fection, for even the gl'eats suffer an occasional nen:ous breakdown. Rather, to choose the consummate in whnt has become the best rest<turant town in the worlcL A vcstigi~l respecl for ·old-world Lmdition insists that bcsJ connote grand and proper. Without argument then: LE BERNARDIN (155 West 51St Street, 489-1515 ), the classic best, &~s con1pared to

the Gotham Bar & Grill, our contempo­rary best. Not Daniel. where a gowky room and tenlntive service can detract from the mastery of chef Daniel Boulud. Not Lespinasse, where the creative sor­cery of Gray Kunz is framed in a plati­tudinous ambience. Certainly not Bouley, where tedium and insult curdle the coulis.

With muse and martinet Maguy LeCoze and chef Eric Ripert both pas­sionately dedicated to honoring the spir­it of the late Gilbct1 LeCoze, the ten­year-old Le Bernardin is newly transcen­dent Starched and radiant, all very Gallic, the room fairly crackles with that electticity of haute promise. And impec­cably con·ect professionals deliver fla­vors of constant astonishment: A pol-au­feu to delight Poseidon. Precisely perfect saddle of monkfish with root vcgctnbles and shallots in a green-peppercorn sauce. This is indulgence and discovery at a pretty price, but it's worth saving fot:

GAEL GREENE

For my money-and l mean thnt literally, as "when nobody else will foot the bill"­l'll book one of two big-deal New York restaurants where J know thal everything will be 1ight and I can sit back and dine. The automatic choice is San Domenico, on Cent11ll Park South, because of .nty longtime loyalty to and nfl'cction for the owner, Tony May. ond my unwavering love of ltalian food. I tr-easure the tu:xun~­ous space at and between tublcs, the clockwork service, and the refinement of the risottos, pasl~s. and fish and game dishes. Executive chef Theo Schoenegger is about to hnnd San Domenico's everyday pasta colandet· over to Odette Pnda, late of Los Angeles's Rex, so I'll be watching the tl'ansition closely.

Por indisputable g1·eatness in the French idiom, and a room so buoyant that any occasion becomes a Celebration, first choice is DANIEL (in the Surrey Suite Hotel, 20 East 76th Streeti zgg.Q033), rn discuss in my next column how a three-year-old restaurant that started brilliantly but chaotically has settled into democrntic ne~r-perfection. Now any diner on any day or night wiiJ at least once, upon putting fork to mouth, wm1t to yelp with delight. Given the benign in· dulgencc of the staff and the savvy hedo­nism of the otheJ· diners. everyone will understand. ·

CORDY KUMMER

HAIR SALON The poaching of top stylists and raiding of rising stars keeps the heat constantly shifting from one salon to another. The frenzy has only been increased by the presence of such fol'eigners as B1itian's

,, ; .. ,.

L .

I

~'

Exhibit H

Joe's Pizza 7 Carmine St.9 New York, NY 10014 40.730501 -74.002026 Dr. Sb:tb Ave.

New Yorkers are sticklers for food traditions, so when Joe's Pizza~ a Greenwich Village institution, closed in early 2005, pizzaphiles all over the city went into a panic. It didn't matter that a few doors down on Carmine Street, another Joe's Pizza run by Joe Pasquale, the same Joe of Joe's of Bleecker, was continuing to serve the exact same pizza in similarly shabby-tight quarters-it just wasn't the same. Unless you are one of those traditionalists, the Joe's on Carmine will more than suffice. It's the epitome of what a slice is supposed to taste Jike: thin--crusted, with the proper balance ofbold sauce and cheese that tastes like cheese, not rubber. Joe's also bakes Sicilian slices and pies, but he doesn't do fancy pie concoctions, heroes, garlic knots, or other diversions. What you get is uncomplicated, solid, and very comforting pizza. And because Joe's is so popular, the pizza turns over quickly, which guarantees a fresh slice. Be prepared to wait on line during busy evening hours. You probably won't get a seat inside the tiny pizzeria, but take your slice outside and eat it like a real New Yorker-standing up. - Brian Silverman

Recommended Dishes

Sicilian slice, $2.25

Exhibit I

NOVEMBER 3G-DECEMBER 6, 2006 ISSUE 583 $2.99 TIMEOUTNEWYORK.COM

The ultimate ........ ,. ...... ··· ··············· ·· ········ ···· ··· ·· •+ ·· ······ .. .... .. .. , .. ... , .. .. .. , ..

guide to the o '•- • ~ o • • t •• • ' too ' 'o • o o 0 o • o o- I ' ' "' ' " o' •. • • o o • ' o , I • o o o ' o o o o - ' ;. o o o , ' ' ' o • ' • • • • ' • o • o'

city's --.. ... ... ....... .. .. ......... , ... .. ... .. .. .. .. ... .......... .... ........ ········· · ..... .. .

(And the winner is ••• on page 18)

........ .. ... ....... ..................... .. ...... ... ..... .... .. ... ... ....... ... ...... .............. ~ .................... ........................... .. .. ....... ............................. ... ........ .

~ ;-r r,~ fj. : The day-old (. ~, pizza taste test

.. .... .. ..... ....... .. .... .. ............ .... ............... ......... ..... ... .........

Rating the Ray's - ~: ' l (,~jJ; -· i

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...... .... , .... ......... ... ... , .. , ................. ... ........ ..

S2.99US B . 99CAN

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PiWJ

M j1 '~ · 11

· lop~o1r2g tJne c11 arts You can find prima pie all over, but these are the ten tastiest 'zas in town. By James Oliver Cury, Gabriella Gershenson and Leslie Price

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ill. ~:!E~: St,Midwood, Brooklyn

i ~· The perfect pizza, in our opinion, is made in a one-room ' pizza shop by a man named Domenico DeMarco, who r \ was born just outside Naples and has been making pies ' here for more than 40 years (he turns 70 on Tuesday 5).

· · ~-·- -· • His movements are slow and deliberate: He stretches the dough into an irregular, oblong shape; dresses it with sauce he makes

1B Time Out New York November 30-December 6, 2006

from both fresh and canned San Marzano tomatoes; carves his own slices of mozzarella over each pie; then eases the uncooked pizza onto a wooden paddle and into the heat. When it's ready, DeMarco pulls the pie out with his bare hands. Then he shreds nuggets of fior de latte and gratesgranapadano on top, drizzles some olive oil and adds a few ~ pinches of fresh herbs (basil and oregano). One bite reveals a hannony §

of textures and flavors atop a complex and nutty, charred, crisp crust. ! Prepare to wait for a slice: He's been perfecting his art for decades, and I he'snotabouttorushthingsnow. i

TIMEOUTNEWYORK.COM

. i I

I .... Denfno's Pizzeria · ~~ : J·oe'B. ) & Tavern · -.; 7 carmine st '

t~=~':!~~~~:'!nd ::)/{ ,;, ~~~~::;.~:~~":"~St .J Walker St, Staten Island ' 1182) · ... : · / (71.8-442-9401) - ----~/!..· ' ' .J. .... .. ····· ··- ··-···- ...... . .. ...... .... .... , ... .... ~: ... : :.~ . .. -· · · · · · · ·.. · · · · · .. · · · · · · · · · · · · · · .. · · · · · · .. --· · · · · · · .. · ··· .. · · · · · Most of the best old-school pizza joints sell by At this unassuming white-brick tavern, owned thepieonly-noslices.Joe's is that rare by the Denino family since 1937, it's all about exception: It's a haven for thin-crusted, crunchy the crust. The pizza here has the most unusual slices, and it doesn't load on too much cheese or bottom we've ever seen-and we mean that in serve reheated gunk (the kitchen goes through a good way. Bread crumbs are added to the pizzas as fast as it makes them, anyway}. Owner crust, rather than cornmeaL A slice is just thin Pino Pozzuoli prepares sauce every six hours enough to be crunchy and just strong enough from fresh tomatoes, adds mozzarella (he'll put not to flop if you lift it with one hand. Baked in fresh mozzarella on a slice if you want it) and a brick oven, the pies showcase the kind of bakes the pies in a 1 960s oven that produces charred blisters that make pizza lovers savory flavors only an oven that old can. Folks swoon-and they have a perfect balance of line up to get inside the cramped space-only a tomato sauce and mozzarella, with a little few stools and high tables-and often end up oregano sprinkled on top. The company finishing their slices before they've had a chance slogan: "In crust we trust." to exit. Boozers, take note: It's open until4am · · ·· · · · · · ·· · · · · · · · · · · · · · · · · · · · ·· · ·· .. · · · · · · · · .. · · .. · · · · · ·· · ·· · · .. · · · · · · ·- · (Sam on weekends).

1; :r=raakery w-· . . -. '' -- ~ '

~} 533W47thSt · · · between Tenth and . • • ·; Eleventh Aves ~- ·• · _ . ::-' . (212·265-5580) L .. _ _ _ _

Unlike at most pizzerias, the slices here are rectangular, don't have a shred of mozzarella and taste best lukewarm. Baker jim Lahey makes masterful half. pan, thin-crustpizzas, as well as doughier six-foot -long pizza biancas. He converts basic ingredients­durum wheat, water, sea salt and yeast-into crusts-and dresses his Roman-style pizzas with simple toppings like razor -thin potato slices. The pizza bianca looks like bread to the naked eye, but one bite reveals an amazing depth of flavor, redolent with salt, olive oil and rosemary. It's available to-go only-and it goes fast.

Una Pizza doesn'ttakereservations, but pizza fans happily line up outside for as long as an hour-in a neighborhood fu 11 of slice joints­for owner Anthony Mangieri's pies. This purist uses only the best ingredients (dough made of stone-ground wheat berries mixed with Sicilian sea salt, tomatoes from San Marzano. extra-virgin olive oil from Southern Italy and buffalo mozzarella from Naples), cooked in a wood-burning brick oven. The resulting pizza is thin, slightly chewy, lightly charred and crunchy at the outer edge-with a bit ofsoftnessatthecenterof the pie. With each bite, you taste a perfectly balanced

s combination of nutty olive oil, sweetly acidic ~ tomatoes, pungent basil and mild, creamy i mozzarella. Come early; pies are served until ~ llpm, or until the dough runs out, whichever fi comes first

.6 .... -- --r~~~~~~~~ ·-- ··· · .. .. ~~- ··: .. 1524 Neptune Ave , -· : ~ ~ · •. _: )~~­betweenW15thand .( 't 1 , ; · . ~.}

16thSts,Coneylsland, · \~. ~,;::~if} Brooklyn (718-372-8606) -.~--.... ... ........ .... ..... .,. .... .. ............. ... .... .......... ....... ...... .... .

Prior to opening this modest little pizzeria in 1924, Anthony "Totonno" Pero worked at the original Lombardi's (before it was sold and moved to its current location)-said to be the first pizzaparlorinAmerica. Today, pie makers here make the stuff the same way it has always been made-with fresh dough, Brooklyn-sourced mozzarella, imported Italian canned tomatoes, romano cheese and olive oil. You can watch the pizzaio/{) constantly shift the pies inside the coal-fired brick oven, making sure none burn under a hot spot. This creates a consistently terrific char, a slightly fluffy, powdery bottom and a bready, airy rim. The current owners (Louise Ciminieri and Antoinette and Frank Balzano) have launched spin-offs in Kips Bay, on the Upper East Side and in Yonkers, but none compare to the original.

.7. ···~~~£ ·:·t· ~.:~ betweenAustJnand : · . -:.·~~

BumsSts,ForestHIIJs, ' · .:_.:~. ~ Queens (71.8-263-1126) , ' ~ -~

Both the pizza and the place are pristine and inviting. Diners sit in green booths under a pressed-tin ceiling, surrounded by black­and-white photos of old Forest Hills, waiting patiently until their salvation arrives-on a traditional silver platter. The pizzas are quaint: The small plain cheese pie, a perfect circle, is slathered with a deliciously zesty tomato sauce and covered with melted circles of locally sourced fresh mozzarella and torn basil. The pizza here has made owner Nick Angelis a local hero-at least as long he continues to balance his crusts' char and soft, light interior.

() Joe & P~at•s ;J< .. 1758 Victory Blvd \.. ' at Manor Rd, Staten Jsrand (718-981-0887)

For some pie makers, the goal is to keep the crust-and we mean the entire round dough base-as thin as possible without having it fa 11 apart. The thinnest and crunchiest of all the pizzas we tried, a slice at joe & Pat's doesn't fold or sag-it snaps. A lovely black­brown sear engulfs the entire outer edge, which has nary a lip at certain points along its circumference. The warm raw-milk mozzarella is strategically placed in cubes and caramelized in spots. The succulent sauce, lovingly made with imported Italian canned tomatoes and herbs {basil, oregano), is sweet but not too much so. Yes, you can order it by the slice (for $2). And yes, you will want a second.

9 La~ara's Pizza tm• Cafe ; ·1 221 w 38th St I

between Seventh and Eighth t : · . · ~ · Aves(212-944-7792) •· .: .. ~ ·

If your grandma made pizzas-you don't see many female pie makers even today-they might look something like the ones at this Garment District gem. The superthin crusts are rectangular and have crisp raised edges, with ample char and some nuttiness. Each slice is covered with delicious, tangy sauce and a perfect square of melted mozzarella. Those in the know order the plain pie and try to snag an extra-crunchy corner slice before anyone else does.

10 Franny's 295Ratbush Ave between

Prospect PI and St. Marks Ave, Prospect Heights, Brooklyn ( 718-230-0221)

lt is a feat of Gotham-sized proportions that Franny's, a two-years-young Brooklyn phenomenon, draws devoted pizza pilgrims from across bridges and tunnels-and comparisons to Di Fara and Totonno's. This modern pizzeria distinguishes itself by combining a progressive food philosophy (Franny's uses locally sourced, sustainable ingredients, like organic eggs from Tello's Green Farm in upstate Red Hook) with traditional old·world equipment (a wood­fired oven) to achieve the crowd pleasing bubbly, browned pies with chewy, crisp crusts. Husband-and-wife team Andrew Feinberg and Francine Stephens met while working at the organic-minded Savoy restaurant, and they continue to add seasonal ingredients to their menu of individually portioned pies-but the version with clams, chilies and parsley is always a hit. •

TIMEOUTNEWYORK.COM November 30-December 6, 2006 Time Out New York 1.9

VYbrat TiJp, home slices? -""-

New York pizza joints come in every style-from upscale to oddball.

The city's legendcuy pizzerias are notnecessarilythe best or the oldest-but they're popular. Expect long lines.

:;' ~~1!1'0'5

Since 1957, this always-packed sit-down spot on Houston Street has been pumping out pies with great crisp crusts, charred in a coal-fired oven (one of the few remaining). Regular live jazz music adds charm. 106 W Houston Stat Thompson St (212-677-3820)

A piece of history \ ... · .

6irr:t:.;_i!.t~ : i::£~e-n1i:J

This pizzeria was founded in 1990 by Patsy Grimaldi, a nephew of Patsy Lancieri (the man behind Patsy's). Some critics say that standards have dropped. Still, the joint is crowded, and the coal· fired oven issues a nicely charred pie topped with fresh mozzarella and basil.19 Old Fulton St between Front and Water Sis, Dumbo, Brooklyn (718-858-4300)

This place was established in 1929

.

by John Sasso, who worked at Lombardi's, but nowadays it's not worth the waitto get in. They pump out mediocre pies withgoopy cheese and sauce. The slightly charred aus~ however, is still great 278 Blucker St between Sixth and Seventh Aves (212-243-1680)

l81¢ ~'tf!umonJ : .&. i.J J:.L

Opened in 1939 by Ludovico Barbati, this pizzeria is also a spumoni shop, takeout operation and full-service restaurant.

Sicilian -style pie lovers come for the fluffy square slices draped with mozzarella cheese and dusted with pecorino romano. 2725 86th St between 1Oth and 11th Sts, Benson hurst, Brooklyn (718-449-1230)

Lo:n~td..~ 's:

Supposedly, this is where it all began: Gennaro Lombardi opened the shop in Soho in 1905-the first pizzeria in the U.S. We can't vouch for how the pizzas tasted a century ago, butthecurrentproductis inconsistent: It can be delightfully balanced, or may be oversauced and undercooked, with a gummy, droopy crust. 32 Spring St between Mott and Mulberry Sts (212-941-7994)

r•u':.'l:·'$: Pasquale "Patsy" Lancieri, another Lombardi's alwnnus, foWlded this East Harlem spot in 1933. Here the sauce is tasty, and the ultrathin crus~ charred by a coal-burning oven, can be beautifully blistered or justtlat-outburnt.2287FirstAve ~ betweenl17tkand118thSts(212- i 534-9783).-]oshFmdlond

. A.D. 79 :A.D. 997 :1400s :1500s :1830 Evidence of ancient flat : Documents in Gaeta, north ; Italians learn that the flour cakes have been • of Naples, record the word • spoiled milk of water found in the remains at : pizza, possibly derived from : buffalo is surprisingly Pompeii. Buthowgood : thelatinpicea,which :tasty. could it have been if there • referred to the blackened were leftovers? : bottomofoven-bakeddough. :

20 Time Out New York November 30-December 6, 2006

:Tomatoes, native to South : "The world's first pizzeria, • America, are brought to • Antica Pizzeria Port' Alba, : Europe from the New World : opens its doors in Naples," : and add some much- : according to pizza expert and • needed color and flavor to • Upper West Sider Ed Levine, : dry, boringflatbreads. : inhisbookS/iceofHeaven.

TIMEOUTNEWYORK.COM

f:t·· tc:; 2 a · l!"\'1'> \rt;"i,fl J·' FVn- d·'' '(f l\ lr ~; ·· _ ,. • ltLLf J• V< It~ 1.; ~ · , L .... l \ .

./',..,. .· ~ Few things aretastieror , ··· • • more appreciated than a hot . r;-, ~·--· ~~:,, . . sliceafteranlghtof

ttt7' ,- ' ~- , numerous cocktails. We

. ~l~:~~'f~ : ;~f~~~~~~::.i~o~nds Oddballs

Even the pizza world has its experimentalists.

·~·8f:~ trivc., This divey joint offers vegetarian and vegan pizzas-with spelt, whole wheat and corn crusts-as well as kosher pies. 2578 Broadway at 97th St (212-663-8482)

1· • J t r; . i ? i u P. "' :: ;l' Krunch makes crunchy, superthin crustkss rectangular pies; the toppings and sauce are spread out to the very edges.980SecondAvebetween 51 stand 52nd Sts (212-207-4122)

1/ ' o:i: ~; Gigio Palazzo allows his dough to ferment for two to four days, before carefully pulling it into shape and baking it. The focaccia~like results are then topped with combos like pumpkin pW'ee and pancetta. 198 AllbJ St between Houston and Stanton Sts (212-614- 7252)

j' " :.·: ·; r ' i· · ,.~ :- c:~; ·a. .::t•.: .:.:~ ;. r. .'.: i :x .. ::. The pie is cut into thick, Sicilian-style rectangular slices and topped with a sweet, brownish onion sauce and seasoned bread crumbs. More like garlic bread than 'za. 177 Spring Stat Thompson St (212-966-4494)

:: :~: ··)'"lf,e t- 'c f!IJ Insteadofsellingpizzasbythepieorslice,this place sells them by weight. A pound of pizza ranges from $7 to $12. 1542 SecondAvebetween80thand81st Sts (212-517-5017); 124 Fourth Ave between 12th and 13th Sts (212-475-4977}

_; ;_, ·.f,- iu.; .. hJ.' ·t,y; r•r.(. Yougettochoosehowmuchyouwantby the length (four inches minimum; from 50¢ per inch for a plain pie). 416 Park Ave South between 28th and 29th Sts {212-686-5222)

~ ! ts;;~· : ~ "z V>r.r"r~r;t f:'o~cl At this vegan haven, vegetarians and the lactose-intolerant can order crusts consisting of spelt, rice and honey wholewheat. Toppings include mozzarella made with rice or organic milk.1413 Second Ave between 73rd and 74th Sts, (212-249-4353) -Leslie Price

\ -.

kl-~!~f.i. i"!.J.lHi. 'f: 1 79 Bedfotd Ave between North 7th and 8th Sts, WiUiamsburg, Brooklyn (718-599-4550) HOURS: Open daily until5am THE SCENE: "This is the best drunk pizza in all of New York, in my opinion. It's awful during the day, which leads me to believe that its ingredients only mix. well once you are drunk."

.!~~· .: l·t:a:t. 483 Fifth Ave between 11th and 12th Sts, Park Swpe, Brooklyn (718-369-2634) HOURS: Open daily until Sam THE SCENE: "Thewalk-up window means you don't run the risk of getting kicked out. Good pizza and pepperoni rolls, plus a slushy machine, within too-easy reach of the street."

r.:r r r ;:tJ~ ~~m·~

19 First Ave between 1st and 2nd Sts (212-420-4900) HOURS: Sun-Thu until 2am; Fri, Satuntil4am THE SCENE: "They stay open for the drunkards. It's superior to other ]ate-night' za joints because you can sit down in a dim dining room instead of standing in a fluorescent-lit hellhole."

~m~o·s rPnv ;; 131 St.MarksPlatAveA

. 1889 :1905 :1924 :1929

(212-979-8688) HOURS: Sun-Thu until5am; Fri, Sat until6am THE SCENE: ''Always crowded, it'sagreatplaceforweird cravings-their Hawaiian slice tastes even better with a buzz on."

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64-21 53rd Dr at 65th PI, Maspeth, Queens (718· 672-9696). HOURS: Open unti12am Fri, Sat THE SCENE: "This tavern has thin-crust brick-oven pizzas, an OTB betting window and more than a dozen sirnu least screens-but the waitress gets the most attention with her semi exposed G-string rimmed by tattoos."

590 E 191st St atFordhamRd, Bronx {718-365-0327) HOURS: Open until3am THE SCENE: "Tucked away into a seeming broken-down car lot across the street from Fordham University, they serve pitchers of beer and have karaoke at any time of night, plus the best drunken slices you could ask for-and Sal, an old Italian dude, is always there to serve it."

rth, ;t:l: ! '.~'~ PlZE.-~

173 Orchard Stat Stanton St (212-777-9813} HOURS: Open daily until3am THE SCENE: "A terrific, sometimes spongy slice-a good thing at2am-and you can watch the Lower East Side crowd pass outside the window." -compiled by james Oliver Cury

. :1933

The Queen of Italy declares her preference for pizza topped with tomato sauce, mozzarella and basil-and the style is named Margherita in her honor.

: On Spring Street in Soho, • Lombardi's starts selling : some weird snack called : pizza-believed to be the • first place to do so in the : U.S. It's really good.

: Anthony "Totonno" Pero, • a former employee of : Lombardi's, opens the • origlnalTotonno's in

: John Sasso, who also • learned at Lombardi's, : opens his own place-

: Patsy's opens in Harlem. • It establishes the : standard for good pizza : uptown-and sets the

: Coney Island.

TIMEOUTNEWYORK.COM

• John's Piuerla. (Some of : the original customers : are still in line for a table.)

• stage for many trademark­: infringement lawsuits.

November 3~December 6, 2006 nme Out New York21

Piwz

Gourmet greats

Unusual toppings and fancy words do not, bytheirmere presence on the menu. guarantee a gourmet pizza. Fresh mozzarella and sun­dried tomatoes just ain't so unusual these days. Mention sustainable, organic or hormone-free, though, and now you're talking.

[; . : I .. ~ It doesn't get much more loca I than this: Forni no owner and chef Michael Ayoub makes the mozzarella and grows the vegetables and herbs that grace his pies. He doesn't hold back on the toppings, either; it's not rare to taste four premium ingredients-prosciutto, asparagus, fontina and fresh mozzarella, for instance-in one bite.l87 BedfordAve between North 6th at~d 7th Sts, Williamsburg, Brooklyn; (718-384-6004)

No wood-fired or coal·burning ovenshere-justasmokin' grill. Chef-owner Vincent Scotto makes thin-crusted grilled pies that rock unique combinations like sweet com with mashed potatoes, Bel Paese (semisoft Italian cheese) and Romano cheeses.140 W 13th St between Sixth atzd Seventh Aves (212-645-4606)

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Owner Robert Benevenga's roots are in Naples, and he adheres to Italian DOC ("denominawne di otigi11e controUata") standards: His thin· crust pizzas feature San Marzano tomatoes, buffalo-milk mozzarella, olive oil and sea salt. The toppings can be a lesson in excess: The pizza a! tartufo is lavished withportobello mushroom pesto, mozzarella rosemary and truffleoi1.192 Molt StatKenmareSt(212-219-2353)

All the pies at Mario Batali's upscale pizzeria are rooked onfiat·iron griddles, the salami and bufa/a mozzerella are imported fromltaly, and/ardo pizza features house­cured pork fatback. You can pair your pork~. pizza-with any of 700wines.l Fifth Ave at 8th St, (212-995-9559)

TheoblongpiesfromchefWaldy Malouf (Beacon) are fashioned from dough containing high­protein, high-gluten and stone­ground whole-wheat flours. Organic ingredients are sourced for braised lamb and sunny-side­up-egg pizzas, which are baked in a wood-burning oven. BOO Sixth Ave between 27th and 28th Sts (212-213-5042) -GabrieUa Gershenson

Cheap and che_esy

The average cost of an NYC slice stays in eerie lockstep with the price of a subway ride, but what happens when you go lower?

.:: ; .15 Halal Pizza A Bakery {521 Eighth Ave at 36th St, 212-695-2500) Servedpipinghotoutofastreetwindow,theslicesaresurprisinglycrisp, butthe tomato sauce was underseasoned; add red-pepper flakes liberally.

-~· :- "- '-" Two Guys Pizza (517 36th St between Tenth and Eleventh Aves, 212-971-9600) Nonexistent crispness and lackluster sauce is saved by theadditioi} of fresh shredded mozzarella. ''Two Guys,'' by the way, is a misnomer: One man and one woman served us at this tiny, standing-room-only takeout joint.

:·:.-. 99~ Fresh Pizza (569 NinthAveat41st S~ 212-468-1461) The mind reels at how they can afford it ("Volume,'' offered a server}, but this place makes good on its promise. The crust is soggier than that at Halal, butthesauceistangier. There are worse ways to fill up fora buck.

_.- :'1·. : Crocodile Lounge (325 E 14th St between First and Second Aves, 212-477·7747) Technically, it's freewitha pint or well drink. This vaguely sports-bar­like destination is part of a free-pizza minifranchise (see below). Crocodile's'piesare cardbordesque: "It won't be on the cover of Pizza magazine," our server admitted defiantly. We loved her.

;w;~ :~:--: Alligator Lounge {600 Metropolitan Ave between Leonard andLon"mer Sts, WiJJiamsburg, Brooklyn; 718-599-4440) A spicier pie, worth topping with pepperoni (which costs $2). Occasionally, the wrong bite evoked a gulag in a salt mine, but that's the price you pay for not paying a price (besides the drink fee).

A· . .:: ··· Capone's {221 North 9th St between Driggs Ave and Roebling St Williamsburg, Brooklyn; 718-599·4044) The black -lit decor suggested an unfortunate time capsule more than retro kitsch, but Capone's was the clear winner in the free-pie-for-a­drink department. The balance of sauce and cheese was admirable, and the crust had a crunchy bite-back.-]oshuaRothkopf

'1.;; ' l

1943 :1950s :1972 :1984 :2004 Ike Sewell and his : Some NYC pizzerias offer : The Clean Air Act limits the : All Italian organization known : Old-school, thin-crust pizza partners invent deep-dish :free anchovies; hence, the : useofcoal-burningovens. • asthe"pizzapolice" • makes a strong comeback pizza at Uno's in Chicago. • need to request "no • Owners of wood-burning : (AssociazioneVerace Pizza : in places like Una Pizza Though it's tasty, most : anchovies"arises. : ovens say their stuff : Napoletana, or AVPN) : Napoletana, Centopizze, New Yorkers insist it's • tastes better anyway. • forms to ensure authentic • Abbondanza's and Posto. not real 'za. • :Italian style. •

22nme Out New York November30-December6. 2006 TIMEOUTNEWYORK.COM

Exhibit J

'Gro~ingJ maya is

re-elected The mayor· of a wealthy

Lo118 Island cO!Ilmaaity­aecu~d or fondliaF • bu­maid and three fem.ale yxht·<:lub ~~~emben In ~rate boou-fueled in· cidenu - has been Jt-o elected to hls post.

Willlam Kelly, 66, a wW!hy bualni:SSIIWI who has been mayor of the tiny waterfront Vilbae or Asb­arobn iJI Suffolk County for 24 year$, won in a lambllde, witb 67 percent o(408\'0tcs.

'l11e challenger, lawyer AliDa Scric:ea. cpecif~eally ran em the cbara~er issue.

"lthiDk n'elfOPC ia kiod of prrplexecllly what the voters meant by their dt­cllion to r~m Bill Kellyt Sc:ricallllicJ.

1bt mayor dcelincd IO COQIIIlllDt.

Kelly, a DWried father of two, was kicked out of the exclusive Nonhport Yxhf Club ID 2005 afcer he alk­aedlr cnaiHd liP behiod a 6amlaid and fondled her slcllliu~.

He sued to be rtlut•ted. but tlwe other WO!IIell eamt forward ill IWOnl depositions and 51id KeUy also weut onrboard with them by tlllldUag their

~~s~:= off.

Kelly insisted tlut he toucbed the 21·.-e:ar·Did

=~he~~~ !'!~~~;:;: !i:: tim. · The mayor did not clny llw he pbbed tlw 11'0111-an'• bre.UtJ but claimed it happeaed years. euliet. He uiif he'd beea clriDkiD,g at the dme and rtmembers ooly that •my &lases were knocked aff .

.kierGII Crowley

'Tart mart' gal in court

A aleoder brunette beauty hu beeoJIIe tbe fim alleged WI. ~1 to be ladlcted Jor pmstuution ill the BraziliaD bombshell brothel cue lhlt's beeD f.dliDg tbe lablolds 1rilh bl· JdD1 pictures over the last week.

Accused escort Marta Nopep. ~. showed 11p in eanrt yesterday wearing a dimcY black dress. teetrr­iniiJ hfsb heels and a chestout broWll ponytail chat reacbcd to the SJIIII) oCberb.ek.

Mmbattao prosecuton say Notre«a was oa the hiP-priCed IQIIDU It the West 58th Street brothel· resldeoct of Brulllm­borD Aodn• Schwartz.

Lazua.Italiano

19

SMACK! Dow·N;

I §

Exhibit K

The best way to enjoy New York is by walking its streets, but the only way to taste New York is by eating its pizza. You can do both wilh a NYC Pizza Walk!

By 1900, several "little ltalies• spotted New York's five boroughs but the most famous remains in Manhattan's Lower East Side. It was here that new citizens would settle, as it was the first bit of land

many would touch after a long immigration process at Ellis Island. The streets once overflowed with peddlers and fruit carts as the tenement buildings teemed with the disillusioned, transplanted from home and in search of a better life. It was here lhat a peasants' meal called "pizza• made its debut in America.

The NYC Pizza Walk focuses on pizza from a historical perspective. We'll start at America's oldest pizzeria and continue to follow pizza's rise to ubiquity block by block. Talking about pizza makes me hungry, so we'll have slices at three of New York's most significant pizzerias in little Italy and Greenwich Village.

After a Pizza Walk, you'll have a renewed appreciation for this modest dish and the people who introduced it to the masses. Just remember to wear comfortable shoes!

Includes:

• A 3-hour walk through pizza history • Slices at three of the most significant pizzerias in New York • Sights of Little Italy and Historic Greenwich Village • Your very own Pizza Journal and goody bag • Guidance by a certified Pizza Enthusiast and licensed tour guide

Does Not Include:

• Beverages • Toppings (we keep it simple) • Walking sticks

Duration: 3 hours Cost: $33 general admission Walking Distance: 1 .5 miles

*All guides are personally trained by owner/founder ScoN Wiener.

Buy Tickets al Zarve Tour Descripi!Dns Freouently Asked Oyestions About Scott Con\acl

http://www .scottspizzatours. com/p/tourdescriptions/w lbyfoot/

Advance purchase required. Tours usually sell out In advance!

\

Buv 1ar.l\eh on;,:l .wl!ll~

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Check availability and buy tickets: • i\ c""· Yn1 ;;, C· t~· ·s Pi r ''il s l , u_ • t ew Yc.£6 C.t·,·s_ l-'i:ac. \.-.:~ l i dn::.• · ·our

To purchase by phone, call Zerve al: 212.209.3370 or 800.979.3370

12/6/201(

;~ I~ i I

The NYC Pizza Bus visits four of the following; the NYC Pizza Walk visits three of the following:

America's first licensed pizzeria continues to produce perfectly charred pies just as it did over a century ago.

Famous for posting a sign reading "No Slices," John's has been serving up crispy-yet-tender thin crust pies since 1929.

Situated in East Harlem, this pizzeria churns out paper-thin slices from its 1933 coal-burning brick oven.

This is the original Brooklyn pizzeria, owned and operated by the same family that opened it in 1924. The fresh mozzarella, fruity sauce and delicate crust are unbeatable.

Of the 64 Ray's pizzerias, all of whom claim to be the original, this spot lays the strongest claim. Even if it wasn't the first, you can't argue with their classic New York slices.

i"• lr ·. :

This coal-burning oven revival serves up incredible pies using ingredients imported from Italy. Each patch or mozzarella is like a fallen cloud from Heaven.

The Bronx may seem like a foreign country to Manhattanites, but once you taste Patricia's, you'll make plans to visit more often.

A true classic, this neighborhood pizzeria is a must-eat nestled in the suburban Bronx. The sausage chunks are HUGE!

http://www .scottspizzatours. com/pi pizzerias/

see photos of the tour in action!

12/6/201(

await you in the back.

Located under the elevated train in Queens, this bakery remains a hidden treasure for pizza hunters. You may get sidetracked by the mountains of freshly baked breads and cookies, but transcendent square slices

These coal-fired slices are what New York pizza is all about. Perfect for folding.

If Kevin Spacey, Kevin Bacon, Ben Affleck and thousands of New Yorkers are right. Joe's is the greatest slice of pizza in the world.

Fornino's special dough blends of three types of flour. which results in one of the city's finest crusts when baked in their unique wood-burning oven. Pizzaiolo I owner Michael Ayoub is deeply passionate about pizza and it is apparent from just one bite of his exquisite pizza.

This place opened in 1959 with only one item on the menu: thin crust Sicilian pizza. Only recently did they expand their menu but the Sicilian slices remain king among longtime customers and recent transplants alike.

;-F'{ r i.u.f..l S:.t- 1 fLc:

The cure for all your pizza problems is waiting directly across the street from Madison Square Garden. Don't miss the upside­down slice!

.. ~[' .. ·d (- i.-" , .·ir

This pizzeria is truly a treasure of Bensonhurst, Brooklyn. Their revolving deck oven bakes landmark pies that will send your taste buds on vacation.

Open since 1930, this Sam's is one of Brooklyn's oldest pizzerias. The coal-turned-gas oven bakes some of the most classic pies you'll ever taste.

Buy T1ckets at Zerve Tour Descrip!lons Frequently Asked Questions About Scott Contact

© 2010 Scott's Pizza TotJrs Site des1gn by Kns11na S~1

http://www .scottspizzatours.com/p/pizzerias/

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12/6/201(

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INFO

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26 1.ST AVE , NEW YORK , NY , 10009

212.477.8020

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Exhibit R

Littlejoespizzanyc.com Whois Lookup Who.is - Who .is

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11 /24/2014 7:24PM

ExhibitS

Veteran of Slice Joint Classic Joe's Pizza Now Helms the Oven at the Un... http://ny.eater.com/2014/11/24/7275149/little-joes-pizza-opens-in-east-vi. ..

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Veteran of Slice Joint Classic Joe's Pizza Now Helms the Oven at the Unrelated Little Joe's Pizza

by Nov 24 2014, 3:04p

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11124/2014 7:06PM

Veteran of Slice Joint Classic Joe's Pizza Now Helms the Oven at the Un. .. bttp://ny.eater.com/2014111 /24/7275149/little-joes-pizza-opens-in-east-vi ...

4 of8

Little Joe's ti_~~'-!

Sergio Ramirez Don't miss stmies. Follow Eater NY

Like Follow 138K followers

A fonner employee ofthe West Village institution is slinging pie · at a new rival pizza shop, which claims to be totally different than the original, despite the name.

A new pizzeria called Little Joe'sl.!_<_t ~_i_!Jl_Q_l_.,:_~l_ll i:' l_,-~'cnuc in l hl· I .t-.\ ~'lll~.g~,in the space that last housed organic, GMO free pizzetia zPizza. While EV Grieve repmted that th e: proprietor.. wen.· funner employees of the iconic Joe's Pizza on Catmine Street, the official word from owner Natalia Ramirez is somewhat different. Mrs. Ramirez claims to be the sole owner and that her husband, Sergio Ramirez, who slung pies at Joe's for 13 years, is now working the ovens at Little Joe's, but is not an owner.

Mrs. Ramirez was quick to distance herself from any connection to the West Village institution. While the menu at Little Joe's is admittedly more expansive than that of Joe's, with heroes, pasta, and even burgers on it, the choice of the name does muddy the waters. But in any case, the only truly crucial question here is: how do those slices stand up to Joe's? Little Joe 's Pizza, 26 1st Avenue, East Village

11/24/2014 7:06PM

Exhibit T

More Next Blog» Create Blog Sign In

EV GRIEVE EV GRIEVE IS AN EAST VILLAGE BLOG WHERE YOU ' LL FIND LOCAL NEWS ON THE REAL ESTATE ,

RESTAURANTS AND RESIDENTS OF THE EAST VILLAGE NYC.

MONDAY, NOVEMBER 24 , 2014

' .

The pizzeria opened Friday at 26 First Ave. just south of East Second

Street.

The proprietors are all veterans of the original Joe's Pizza on Carmine

NAMED BEST LOCAL WEBSITE NEW YORK 2014 BY THE VILLAGE VOICE

= .., -.. . ": .:. r -!:, ~ .......... sm s~'po5t,on~21.2007:~~-· ~. nglli!WSabout thtUstW.ri~l . IQI'IJnle'4 brutaliy~.~fromltSamnl. locmtf d9lerA. IR.~thJI cxnblesiDsbld ~~dMt~n~nbllllrilsNtadmcWN ltEY~hasbetn~~ttledlilh:o.

(!\.It's an~ read ..s cmn:llllti'flriiiii:~D­mertial , apprec:iat~.people • h..,.ID llild ilill. ~and help aeatt tti5 Wrv at alliliidV1it:A

-• ~

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York City. Appreciating what's here

Street ... and struck out on their own.

A slice is $2.25. Find the whole menu here.

The space was previously home to zPizza, which was not related to

A pizzA.

Updated 6:45p.m.

Eater has more details about Little Joe's.

Natalia Ramirez is the sole owner and her husband, Sergio Ramirez,

who worked at Joe's for 13 years, "is now working the ovens at Little

Joe's, but is not an owner."

SHARE r/: . •

POSTED BY GRIEVE AT 4:57AM ~

LABELS: LITTLE JOE'S PIZZA, PIZZA

16 COMMENTS:

Anonymous said ...

I'm a little confused--are they still affiliated with Joe's? And if

not, how are they able to use the name? The low slice p1ice

suggests they are independent of Joe's. Either way, I like the

original Joe's, so I'll try it.

NOVEMBER 24, 2014 AT 9:31AM

Giovanni said ...

This is good news, but I see a Ray's Pizza trademark war in the

works. Maybe if they went with Famous Little Joe's or Original

Famous Little Joe's no one would notice.

NOVEMBER 24, 2014 AT 12:45 PM

Anonymous said ...

I tried to go yesterday (Monday) after learning about it here. It

wasn't open at noon or at Spm.

Fail.

NOVEMBER 25, 2014 AT 9:50AM

Anonymous said ...

\Vhile it's still here. Re1nembering

\Vhat's no longer here. Wishing smne

things weren't here that are here.

WE LOVE TIPS

Have a story idea or tip about

something happening in the East

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Please go here to submit a tip.

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RECENT COMMENTS

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what's missing now is the affordable

rents that allowed someone to pursue

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Anonymous commented on A Bar

Called Mattys In Works For Idle: will

the pride parade be re-routed through

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most recent ...

Anonyn1ous comn1ented on Bennys

Burritos Is Closing Will Offer:

Regarding Odessa---! went there and

the man named Willie was very rude

to rne for no reason and the ...

You say the employees are all former employees of Joe's? I went

in there and didn't recognize a single person. If they are

connected, wouldn't there be a photo or something? You mean

that delivery boy? Are you actually quoting Ms Ramirez? All

smells fishy to me.

NOVEMBER 26, 2014 AT 3:39PM

Anonymous said ...

I think their pizza is actually better than the "Famous Joe's." Its

LITTLE JOES PIZZA go bother someone else. Im glad they

came to my neighborhood and have free delivery! Double win!

NOVEMBER 27, 2014 AT 9:02PM

Anonymous said ...

I walked in Wednesday around 3 o'clock and clearly saw a

paper in the store stating that Little Joe's Pizza isn't part of the

Famous Joe's on 7 Carmine. I walked in not because I thought

they were related but because I wanted pizza. By the way the

environment was great and very friendly workers.

NOVEMBER 27, 2014 AT 10:00 PM

Anonymous said ...

Working one place then starting your own place is ok. Trying to

rip off business by pretending you are the same place sucks.

(Almost the same font, basically the same name).

Same holds true for the kid who worked at the mud truck then

started his own truck, painted it the same color orange and

parked at Union Square.

NOVEMBER 27, 2014 AT 10:59 PM

Anonymous said ...

Joe's pizza are only famous because "Joe's" is the most common

most generic most popular name for a pizza shop, and I seen a

few places called Little Joe's pizza too ... what the beef here? Are

they mad that their former delivery guy is at another spot now?

Can the dude live? Or did Joe's copyright oxygen?

NOVEMBER 27, 2014 AT 11:52 PM

Anonymous said ...

I live down the block, I never been to Joe's on carmine but I

Anonymous commented on City

Deems East Village Bed Coffee: Why

did all the comments turn into a

forum on AirBnB? I thought this story

was about a 16 year old ...

Anonymous commented on Dba Is

Temporarily Closed For: So let's get

this straight - he gets bumped to the

front of the CB 3 meeting, gets treated

with ...

TayX2 commented on Simone Martini

Bar Has Closed: Ever notice that

when a business closes, it is mostly

replaced by a bar. And when a bar

closes, it ...

Anonymous con1mented on Tough

Times For Desserts On 2nd Avenue:

Red Mango, Pinlcberry,.froyo and

dessert shops, belong in a mall. But

the neighborhood and NYC have ...

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glad to see they are keeping the name!

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NEITHER MORE NOR LESS (2006-20 11}

SITES OF NOTE

been to little Joe's pizza, on the first day they opened, they gave

me and my boyfriend free slices! (I think we were the first

costumers) such a gracious family, I wish them all the luck! You

got yourself a patron.

NOVEMBER 28, 2014 AT 12:01 AM

Anonymous said ...

I ate at little Joe's yesterday, they have a pretty girl working

there. And chalkboard paint, I'll be there every now and then

doing homework with my son over pepperoni slices after

schooL

NOVEMBER 28, 2014 AT 12:50 AM

Anonymous said ...

Eater writer sounds a little biased.

NOVEMBER 28, 2014 AT 3:48AM

Anonymous said ...

Nick Solares did sound somewhat biased. Joe's is a super

common name for a pizza shop, there is no way I would mistake

them for affiliates. (Too many Joe's pizzas in this city).

Little Joe's are a small family business, being operated by the

family. And they sure know how to give a warm welcome, I like

the atmosphere it feels like a family business.

NOVEMBER 28, 2014 AT 10:01 AM

Anonymous said ...

I don't believe that they are trying to ripoff the business by

pretending to be them. The name is too common to make a fuss

about.

That guy, Sergio, has a right to work anywhere he wants.

To say that Little Joe's is attempting to rip them off is about as

ridiculous as Nestle's CEO saying that the planets water should

only belong to companies.

NOVEMBER 28, 2014 AT 5:02PM

Anonymous said ...

"All the proprietors are veterans of Joe's" is a false statement.

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Who wrote this?

NOVEMBER 28, 2014 AT 7:23 Pl\1

Anonyn1ous said ...

Ive been getting slices on carmine street for years. i went to

Little J oes sort of excited when I saw this article thinking

another location could this be true!!!! . Pizza was eh, definitely

not the same. They had all the pies from carmine streets wall up

on theirs. so whoever says theyre not trying to rip them off, prob

has never been to joes on carmine because they are

DEFINITELY trying to seem as if they are affiliated.

NOVEMBER 30, 2014 AT 8:36PM

Anonymous said ...

So why doesn't sergio call it sergio's pizza

DECEMBER 1, 2014 AT 5:06 PM

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Exhibit W

GOTILIEBI RACKMAN & REISMAN, P.C. DAVIDS. KASHMAN ALLEN 1. RUBENSTEIN JEFFREY M. KADEN TIBERIU WEISZ MARIA A. SAVIO MARC P. MISTHAL BARRY R. LEWIN MITCHELl S. FELLER

COUNSELORS AT LAW PATENTS · TRADEMARKS • COPYRIGHTS · INTELLECTUAL PROPERTY

270 MADISON AVENUE NEWYORK, N.Y. 10016-0601

PHONE: (212) 684-3900 ·FACSIMILE: (212) 684-3999 WEB: http://www.grr.com · E-MAIL: fnfo@grr.com

DONNA L MIRMAN BARBARAH.LOSWINTHAL

ARIEL S. PEIKES SAMANTHAG.ROTHAUS

JONATHAN M. PUROW JASON ll WACHTER

PATENT AGENT ZOYA V. CHERNINA

COUNSEL DIANA MULLER' OF COUNSEL

GEORGE GOnLIEB JAMES REISMAN 'MEMBER 01' THf BAll

OI'AROE!>lnNAONL.Y

November 25,2014

BY HAND AND FEDERAL EXPRESS Little Joe's Pizza 26 First Avenue, East Village New York, N.Y. 10009 Attention: Sergio Ramirez!Natalia Ramirez/ Owner/Landlord

Re: Famous Joe's Pizza, Inc. Infringement

Dear Sirs:

We are counsel to Famous Joe's Pizza, Inc., aka Joe's Pizza, located at 7 Carmine Street, formerly at 233 Bleecker Street in Greenwich Village, NYC. As you may know, our client has operated a pizza restaurant first at Bleecker and then at Carmine since about 1975. More recently, our client expanded its business to an additional location at 14th Street near 3rd Avenue and is contemplating further expansion in New York, in other states and abroad. Given its long standing business and quality pizza, our client has developed extraordinary fame and has been featured in ad campaigns such as for the TV Series Sex & the City, Nike, as well as in in movies and films including prominently in the motion picture film Spiderman 2. Our client has won much acclaim for its pizza, and is highly rated as among the best pizza establishments in New York, with customers coming from far and wide to have a JOE'S PIZZA pizza slice. That fame and acclaim is apparent in the food critic and customer reviews written about our client and its pizza.

It has just come to our client's attention that your business recently changed its name from ZPIZZA to "LITTLE JOE'S PIZZA" and partnered with an employee of our client: Sergio Ramirez. In that regard, we enclose as Exhibit A an Eater New York Article dated yesterday which talks about said new pizza restaurant in the context of the business of our client and shows a photographic image of Mr. Ramirez at our client's restaurant, and is titled to suggest that Mr. Ramirez is at the helm of the pizza oven, as it suggests he was our client's establishment. Also enclosed is an evgrieve.com article Exhibit B showing an image of the signage of your new pizza business, which we understand opened this past Friday, where you can immediately see that the signage uses a substantially and confusingly similar the famous Script Logo of our client's business, which logo is federally registered in Reg. No, 4,333,540. See Exhibit C and the image below:

Little Joe's Pizza November25, 2014 Page2

l)oe'b PIZZA That article reports that the proprietors of the newly opened establishment are veterans' of Joe's Pizza of Carmine Street. You can see that a customer has already posted a message saying he is confused by the connection with our client's business but would try it because he likes our client's pizza.

Further, it's our understanding that in the location you have photos of our client's business, many of which one also sees on your new website at ww-w.littlejoespizzany.com. The 15 photos appearing on your website of Mr. Ramirez where all taken in the context of his employment with our client and one can see, in many of the photos, our client's celebrity customers, our client's business location, and well as our client's logo: JOE'S PIZZA & Design on the T-shirt of Mr. Ramirez, which logo is also federally registered at Reg. No. 4,402,507 as reproduced below:

A copy of said federal registration is annexed as Exhibit D. The 15 photos used on your website are annexed as Exhibit E. Photos of your business location are annexed as Exhibit F. It is apparent that you are intentionally and willfully attempting to draw a connection between our client's business and your business, so as to trade on our client's goodwill and reputation, and unfairly compete with our client. Such conduct will not be tolerated.

Customers seeing your location, be that the physical location or the web location (including your Face book page), or your press coverage, will undoubtedly believe that there is an association between you and our client, or some other form of sponsorship or affiliation, when in fact there is none. We have no doubt that your name change or adoption was done to take advantage of the recognition and goodwill developed by our client and to confuse customers into believing that your establishment is a branch of our client's business. The association and/or confusion of your business with that of our client is exacerbated not just by the use of our client's trademark and logo, but also by the use of photos and other media belonging to our client.

The injury caused by your conduct is irreparable and, unless immediately halted, is highly likely to divest our client of its long established goodwill. In our view, your conduct constitutes false advertising and violates 15 U.S.C. §1125(a) of the Lanham Act, constitutes trademark infringement under 15 U.S.C. §1114, and violates New York unfair competition and other state law. Moreover, your use of the exact replica of our client's JOE'S PIZZA logo in you photos is an act of counterfeiting, exposing you to treble damages, criminal fines and penalties. We have additional personal claims against Mr. Ramirez, a faithless employee.

Little Joe's Pizza November 25, 2014 Page 3

Given our client's longstanding and prior use of JOE'S PIZZA to identify its businesst we must demand that you:

l) Immediately cease and desist all uses of JOE'S PIZZA or LITTLE JOE'S PIZZA, be that on your signage, in your domain name, on your website and Facebook page and wherever else that business name appears;

2) That you immediately take down all photographs of Mr. Rameriz at our client's businesses;

3) That you desist from falsely advertising that Mr. Rameriz was a pizza man working for our client in fact Mr. Rameriz was a deli very man, and then a cashier. He did not make pizza for our client;

4) That you transfer your domain name to our client and take down your Facebook page or edit it to remove the offending uses;

5) That you remunerate our client for its costs and damages resulting from your actions, including possible lost opportunity for its own expansion and its attorney's fees, trebled for the intentional violations.

Our client is acting to protect its rights in its mark and trade name JOE'S PIZZA. Our goal is to avoid irreparable injury to our client's business and to stem consumer confusion. We have been authorized to take whatever legal actions are available to our client to halt your unauthorized trading on our client's goodwill.

We look forward to your immediate confirmation that you will desist from all of the offending uses of JOE'S PIZZA outlined above. Unless we have received a written response from you by Monday. December 1, 2014 advising that these offending uses have all ceased at least as of that date, we will assume that you will continue your offending conduct and will take all necessary steps to protect our client's interests, including commencing a federal action seeking a temporary restraining order and preliminary injunction, and treble damages for the harm caused our client.

The foregoing is written without prejudice to all of our clients' rights and remedies in this matter.

MAS:sf Enclosures

Very truly yours, GOTTLIEB, RACKMAN & REISMAN, P.C.

By: -"""'i----·A_~_"~J _)_i_h_-~.,....;....._/"=--[;'..~oo.::;1--:-_J __

Maria A. Savio Marc P. Misthal

cc: Famous Joe's Pizza, Inc. (By E-mail)

EXHIBIT A

Veteran of Slice Joint Classic Joe's Pizza Now Helms the Oven at the Un... http://ny.eater.com/20 14/11/2417275149/little-joes-pizza-opens-in-east-vi...

4 of8

Little Joe's Pizza Sergio Ramirez Don't miss stories. Follow Eater NY

Ukl l.J~{ 1381( followers J

A former employee of the West Village institution is slinging pies at a new rival pizza shop. which claims to be totally ditl'erenl than the original, despite the name.

A new pizzeria called Little Joe's has opened on I st Avenue in the East Village. in the space that last housed organic, GMO free pizzeria zPizza. While EV Grieve reported that the proprietors were fomtcr employees of the iconic Joe's Pizza on Carmine Street, the official word from owner Natalia Ramirez is somewhat different. Mrs. Ramirez claims to be the sole owner and that her husband, Sergio Ramirez, \\o'ho slung pies at Joe's for J 3 years, is now working the ovens at Little Joe's. but is not an owner.

Mrs. Ramirez was quick to distance herself from any connection to the West Village institution. While the menu at Linle Joe's is admittedly more expansive than that of Joe's, with heroes, pasLa, and even burgers on it, the choice of the name does muddy the waters. BuLin any case, the only truly crucial quesLion here is: how do those slices stand up to Joe's? Uu/e Joe's Pi:=a. 26 1st Avenue. East Village

• Little Joe's now serving up slices on 1st Avenue IEVGI

11 /24/20 14 7:06 PM

· Veteran of Slice Joint Classic Joe's Pizza Now Helms the Oven at the Un... http://ny.eater.com/20 I 4111124/7275 1 49/little-joes-pizza-opens-in-east-vi...

3 of8

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Veteran of Slice Joint Classic Joe's Pizza Now Helms the Oven at the Unrelated Little Joe's Pizza

by Nick Solares Nov 24 2014. 3:04p .r,f'!Nick Solares I ConunenL

• f Share(10)

11/24/2014 7:06PM

EXHIBITB

EV Grieve: Little Joe's Pizza now serving up slices on 1st Avenue http:/ /evgrieve.com/20 14/11/1 ittle-joes-pizza-now-serving-up-slices.htm I

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The pizzeria opened Friday at 26 First Ave.just south of East Second

Street.

The proprietors are all veterans of the original Joe's Pi2za on Carmine

Street ... and struck out on their own.

A slice is $2.25. Find the whole menu here.

The space was pre\·iously home to zPizza, which v.-as not related to

Api1.1A

'·-: ~!'_~~'£\--;..;-:_· :

POSTED BY GRIEVE AT 4:S7 4M ~

lo\BELS: LITTLE JOE"S PIZZA, PIZZA

2 COMMENTS:

Anonymous said ...

I'm a little confused--are they still affiliated \\ith Joe's? And if not, how arc they able to use the name? The low slice price

suggests they are independent of Joe's. Either way, I like the

original Joe's, so I'll try it.

NOVEMBER 24, 2014 AT 9:31AM

BY THE WAY

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11/24/2014 7:09PM

EV Grieve: Little Joe's Pizza now serving up slices on I st Avenue

2 of 12

http://evgrieve.com/20 14/11/Jittle~joes~pizza-now-serving-up-slices.html

Anonymous at 3:49 is absolutely correct. My inside source had adua/ly heard the tapes. I took this ...

Crazy Eddie commented on Ugh 110

Year Old Derobertis Pasticceria: For ym• 1tewbies,from myjriend's (retired law enforcement) '71~e EV Mafia~ ...

Crazy Eddie commented on Ugh 11 o Year Old Derobertis Pastirceria: Follow-up to my previous post. We11t back and talked to Dana. Dana, a generation Y woman, told me ...

Anonymous commented on Ugh 110

Year Old Derobertis Pasticccria: It's their business. It's their decision to close. Finding "right-minded people" ...

Anon)1nous commented on Ugh no Year Old Derobertis Pasticccria: Joimny stmy that they didn't tell you in the interview at Bowery a11d Bedford: that DeRobertis ...

1 Cer R~t C.ornmenls Wid!l"l

NEITHER MORE NOR LESS (2006 · 20111

11124/2014 7:09 PM

EXHIBIT C

Reg. No. 4,333,540

~oej) PIZZA

FAMOUS JOE'S PIZZA, lNC, (NEW YORK CORPORATION), AKA JOE'S PIZZA 7 CARMINE STREET

Registered May 14, 2013 NEW YORK, NY IOOI4

Int. CJ.: 43 FOR: RESTAURANT SERVICES FEATURING PIZZA; TAKE-OUT RESTAURANT SERVICES.

SERVICE MARK

PRINCIPAL REGISTER

IN CLASS 4 3 (U.S. CLS. 100 AND 101 }.

FIRST USE 12·31-1983; TN COMMERCE 12-31-1983.

NO CLAIM IS MADE TO TilE EXCLUSIVE RIGID TO USE "PIZZA". APART FROM TilE MARK AS SHOWN.

THENAME{S), PORlRAil(S),AND/ORSIGNATURE(S) SHOWN IN Tim MARK IDENTIFIES "10E", WHOSE CONSENT(S) TO REGISTER IS MADE OF RECORD.

THE MARK CONSISTS OF TIIE WORDS "JOE'S PIZZA" IN STYLIZED LETTERS.

SER. NO. 85·418,757, FILED 9-9·2011.

KATtmRINE STOIDE..'>, EXAMINING ATTORNEY

EXHIBITD

Reg. No. 4,402,507 fAMOUS JOE'S PlZZA, INC, (NEW YORK CORPORATION), AKA JOE'S PIZZA 7CARMINESTREET

Registered Sep. 17, 2013 NEW YORK, NY 10014

Int. CI.: 43 FOR: RESTAURANT SERVICES FEATURING PIZZA; '.IJ\KE-ouT RES1AURAN1' SERVICES, IN CtASS 43 (U.S. CIS H)() AND 101 ).

SERVICE MARK

PRINCIPAL REGISTER

FIRST USE 3-0-2012, THE MARK WAS FIRST USEDANYWY.ffiRE IN A DIFFERENT FORM OTHER TIIAN THAT SOUGHT TO BE REGISTERED AT LEAST AS EARLY AS 1213111983; IN COMMERCE 3-0·2012, THE MARK WAS FIRST USED IN COMMERCE IN A DIFFERENT FORM OTHER THAN THAT SOUGHT TO BE REGISTERED AT LEAST AS EARLY AS 12131/1 983.

NO CLAlM IS MADE TO TilE EXCLUSIVE RIGHT TO USE ''PIZZA\ "GREENWICH VIL­LAGE" AND ~siNCE 1975",APART FROM THEMARKAS SHOWN.

THEMARKCONSISTSOFTHE STYLlZEDMARK ~JOE'SPIZZA"CENTEREDINANOVAL~ THE WORDS "SINCE 1975'' IMMEDIATELY BELOW THE STYLIZED MARK; THE WORDS MTHE GREENWICH VILLAGE INSTITUTION" PLACED AT THE TOP BUT WITHIN 11IE OVAL~ AND ~wwW.JOESPIZZANYC.COM" PLACED AT TllE BOTTOM WITHIN THE OVAL.

SER NO. 85-667,687, FILED 7-3-2012.

KAREN BRACEY, EXAMINING ATTORNEY

EXHIBITE

· Photos·- Little Joe's Pizza

I ofl

http://wvlw.littlejoespizzanyc.com/photos/

INFO MENU CONTACT PHOTOS

L TTLE JOEIS P ZZA

ooecte

11/24/2014 7:07PM

· Photos·- Little Joe's Pizza

1 of I

http: 1/wwwJittlejoespiz.zanyc.com/photos/

INFO MENU CONTACT PHOTOS

L TTLE JOE'S P ZZA

OOQ8

ll/24/20 14 7:07 PM

· Photos - Little Joe's Pizza

1 of 1

http://www. littl ejoespizzanyc.com/photos/

INFO MENU CONTACT PHOTOS

L TTLE JOEIS P ZZA

ooecte

11/24/2014 7:08PM

· Photos- Little Joe's Pizza

1 ofl

http:/ /www.l ittlejoespizzanyc.corn/photos/

INFO MENU CONTACT PHOTOS

L TTLE JOEIS P ZZA

11/24/2014 7:08PM

· Photos~ Little Joe's Pizza

I ofl

http :I /www.l ittle joespizzanyc.com/photosl

INFO MENU CONTACT PHOTOS

L TTLE JOEIS P ZZA

ooeee

11/24/2014 7:11 PM

· Photos - Little Joe's Pizza

I of 1

http:/ /www.littlejoespizzanyc .com/photos/

INFO MENU CONTACT PHOTOS

L TTLE JOEIS P ZZA

11/24/2014 7:12PM

· Photos- Little Joe's Pizza

1 of 1

http://www .I ittlej oesp izzanyc.com/photos/

INFO MENU CONTACT PHOTOS

L TTLE JOEIS P ZZA

11/24/2014 7:12PM

' Photos- Little Joe's Pizza

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http://www.littlejoespizzanyc.com/photos/

INFO MENU CONTACT PHOTOS

L TTLE JOEIS P ZZA

• * • • • • • • • • • • • .. •

ooeee

11/24/2014 7:12PM

· Photog- Little Joe's Pizza

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http ://v..•v.rw.l ittlejoespizzanyc.com/photos/

INFO MENU CONTACT PHOTOS

L TTLE JOEIS P ZZA

11124/2014 7:13PM

Photos- Little Joe's Pizza

1 of]

http: //www.l itt l~joespizzanyc.com/photos/

INFO MENU CONTACT PHOTOS

L TTLE JOEIS P ZZA

ooeee

11/24/2014 7:13PM

Photos- Little Joe's Pizza

I of J

http:/ /www.littlejoespizzanyc.com/photos/

INFO MENU CONTACT PHOTOS

L TTLE JOE'S P ZZA

I 1/24/2014 7:14PM

Photos- Little Joe's Pizza

1 of 1

http://www.littlejoespizzanyc.com/photos/

INFO MENU CONTACT PHOTOS

L TTLE JOE IS P ZZA

00880

11/24/2014 7:14PM

Photos - Little Joe's Pizza

I ofl

http://www.littlejoespizzanyc.com/photos/

INFO MENU CONTACT PHOTOS

L TTLE JOEIS P ZZA

11/24/2014 7:14PM

Photos- - Little Joe's Pizza

1 of I

http://www.littlejoespizzanyc.com/photos/

INFO MENU CONTACT PHOTOS

L TTLE JOEIS P ZZA

ooee-

II /24/20 t 4 7: 1 5 PM

Photos- Little Joe's Pizza

I of 1

http:/ /www.l itt I ejoespizzanyc.com/photos/

INFO MENU CONTACT PHOTOS

L TTLE JOE'S P ZZA

11/24/2014 7:15PM

EXHIBITF

I I

I I i

JS44CISDNY REV. 4/2014

JUDGl WOODS CIVIL COVER SHEET

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 197 4, is required for use of the Clerk of Court for the purpose of initiating the civil docket sheet.

PLAINTIFFS DEFENDANTS Famous Joe's Pizza, Inc., a New York Corporation Little Joe Pizza, Inc., a New York Corporation dlb/a Little Joe's Pizza, et al.

ATTORNEYS (FIRM NAME, ADDRESS. AND TELEPHONE NUMBER 1AT·4 .. NEYSCVWN) Gottlieb, Rackman & Reisman, P.C., Maria A. Savio 270 Madison Avenue, 8th A. New York, N.Y. 10016 C212 684-3900 II CAUSE OF ACTION(CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSI;)

(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

15 U.S.C. Sec. 1051 et seq., for trademark infringement and false designation of origin

Has this action, case, or proceeding, or one essentially the same been previously filed in SONY at any time? Nilles0Judge Previously Assigned

If yes, was this case Vol. D lnvol. D Dismissed. NoD Yes D If yes, give date---------& Case No.---------

Is THIS AN INTERNATIONAL ARBITRATION CASE? NoD Yes D (PLACE AN [x] IN ONE BOX ONLY)

CONTRACT

1 1110 [ 1120 [ 1130 [1140

I 1150

I 1151 1 1152

[1153

[1160

[ ]190

[ ]195

TORTS

PERSONAL INJURY

INSURANCE I )310 AIRPLANE MARINE I )315 AIRPLANE PRODUCT MILLER ACT LIABILITY NEGOTIABLE I 1320 ASSAULT, LIBEL & INSTRUMENT SLANDER RECOVERY OF I I 330 FEDERAL OVERPAYMENT & EMPLOYERS' ENFORCEMENT LIABILITY OF JUDGMENT I 1340 MARINE MEDICARE ACT I )345 MARINE PRODUCT RECOVERY OF LIABILITY DEFAULTED I 1350 MOTOR VEHICLE STUDENT LOANS I 1355 MOTOR VEHICLE (EXCL VETERANS) PRODUCT LIABILITY RECOVERY OF [ 1360 OTHER PERSONAL OVERPAYMENT INJURY OF VETERAN'S [ 1362 PERSONAL INJURY-BENEFITS MED MALPRACTICE STOCKHOLDERS SUITS OTHER CONTRACT CONTRACT PRODUCT ACTIONS UNDER STATUTES LIABILITY

[ 1196 FRANCHISE CIVIL RIGHTS

NATURE OF SUIT

PERSONAL INJURY FORFEITURE/PENAL TV [ 1367 HEAL THCARE/ PHARMACEUTICAL PERSONAL [ 1625 DRUG RELATED INJURY/PRODUCT LIABILITY SEIZURE OF PROPERTY [ 1365 PERSONAL INJURY 21 USC 881

PRODUCT LIABILITY [ 1368 ASBESTOS PERSONAL [ 1690 OTHER

INJURY PRODUCT LIABILITY

PERSONAL PROPERTY

I 1370 OTHER FRAUD [ I 371 TRUTH IN LENDING

[ 1380 OTHER PERSONAL PROPERTY DAMAGE

[ ] 385 PROPERTY DAMAGE PRODUCT LIABILITY

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

VACATE SENTENCE 28USC2255

LABOR

[ ]710 FAIR LABOR STANDARDS ACT

[ ]720 LABORIMGMT RELATIONS

[ 1740 RAILWAY LABOR ACT

[ I 751 FAMILY MEDICAL LEAVE ACT (FMLA)

[ ) 530 HABEAS CORPUS I ]790 OTHER LABOR [ ]535 DEATH PENALTY LITIGATION

[ ]440 OTHER CIVIL RIGHTS [ ]540 MANDAMUS & OTHER [ I 791 EMPL RET INC (Non-Piisoner) SECURITY ACT

REAL PROPERTY

I ]210 LAND CONDEMNATION

[ ]220 FORECLOSURE I ]230 RENT LEASE &

EJECTMENT I ]240 TORTS TO LAND I ] 245 TORT PRODUCT

LIABILITY [ I 290 ALL OTHER

REAL PROPERTY

[ )441 VOTING IMMIGRATION [ ]442 EMPLOYMENT PRISONER OVIL RIGHTS [ )443 HOUSING/ [ ]462 NATURALIZATION

ACCOMMODATIONS [ 1550 CIVIL RIGHTS APPLICATION I 1445 AMERICANS WITH [ ]555 PRISON CONDITION [ 1465 OTHER IMMIGRATION

DISABILITIES- [ ]560 CIVIL DETAINEE ACTIONS EMPLOYMENT CONDITIONS OF CONFINEMENT

[ ]446 AMERICANS WITH DISABILITIES -OTHER

[ ]448 EDUCATION

Check if demanded in complaint:

~DEC 1 0 2014 ACTIONS UNDER STATUTES

BANKRUPTCY

[ )422 APPEAL 28 usc 158

[ ) 423 WITHDRAWAL 28 usc 157

PROPERTY RIGHTS

[ 1820 COPYRIGHTS [ )830 PATENT 1)(1840 TRADEMARK

SOCIAL SECURITY

[ 1861 HIA (1395ff) [ 1862 BLACK LUNG (923) [ 1863 DIWC/DIV\Mf (405(g}) [ 1864 SSID TITLE XVI [ 1865 RSI (405(g))

FEDERAL TAX SUITS

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

[ ]871 IRS-THIRD PARTY 26USC7609

OTHER STATUTES [ ]375 FALSE CLAIMS [ J400STATE

REAPPORTIONMENT [ 1410 ANTITRUST [ 1430 BANKS & BANKING [ I 450 COMMERCE I ]460 DEPORTATION I ]470 RACKETEER INFLU­

ENCED & CORRUPT ORGANIZATION ACT (RICO)

[ ]480 CONSUMER CREDIT [ 1490 CABLE/SATELLITE TV

[ ] 850 SECURITIES/ COMMODITIES/ EXCHANGE

[ 1890 OTHER STATUTORY ACTIONS

[ 1891 AGRICULTURAL ACTS

[ I 893 ENVIRONMENTAL MATTERS

[ I 895 FREEDOM OF INFORMATION ACT

[ ] 896 ARBITRATION

[ I 899 ADMINISTRATIVE PROCEDURE ACT/REVIEW OR APPEAL OF AGENCY DECISION

[ ]950 CONSTITUTIONALITY OF STATE STATUTES

D CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 . C' _ .

lf:C§b?~fiW~ THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?

-r l.v\ \~ J(..uJ.p ;/ DEMAND $'S .. ooo, 000 OlliER ---=-'1)---~'='~...- JUDGE ___________ DOCKET NUMBER:___ ____ _

Check YES only if demanded in CO!!![Jiaint JURY DEMAND: .8J'YES LNO NOTE: You must also submit at the time offiling the Statement of Relatedness form (Form IH-32).

(PLACE AN x IN ONE BOX ONLY) ORIGIN

00 1 Original Proceeding

D 2 Removed from State Court

D a. .u parties represented

D 3 Remanded D 4 Reinstated or from Reopened

Appellate Court

D 5 Transferred from D 6 Multidistrict (Specify District) Litigation

D 7 Appeal to District Judge from Magistrate Judge Judgment

D b. Atleastone party is prose.

(PLACEAN x INONEBOXONLY) BASIS OF JURISDICTION 0 1 U.S. PLAINTIFF 0 2 U.S. DEFENDANT 00 3 FEDERAL QUESTION 04 DIVERSITY

(U.S. NOT A PARTY)

IF DIVERSITY, INDICATE CITIZENSHIP BELOW.

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

(Place an [X] in one box for Plaintiff and one box for Defendant)

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

FOREIGN COUNTRY

CITIZEN OF ANOTHER STATE [] 2 [ ]2 INCORPORATED or PRINCIPAL PLACE OF BUSINESS IN THIS STATE

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

Famous Joe's Pizza, Inc., 7 Carmine Street New York, N.Y.

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

Little Joe Pizza, Inc. Natalia Ramirez 26 First Avenue 26 First Avenue New York, New York 10009 New York, N.Y. 10009

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

OF BUSINESS IN ANOTHER STATE

[ ]4( ]4 FOREIGN NATION

Sergio Ramirez 26 First Avenue New York, N.Y. 10009

PTF [ ]5

[] 6

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

RESlaENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

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

~ MANHATTAN

COMPLAINT.)

DATE SIGNA~~~

RECEIPT# I k I t:J / ')-CJ I¥-Magistrate Judge is to be designated by the Clerk of the calM'•

ADMITTED TO PRACTICE IN THIS DISTRICT {]NO {'4 YES (DATE ADMITTED Mo.1_0 __ Yr. 1985 Attorney Bar Code# 7756

~

M~~~~~~e------------------------~~~De~~a~d.

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

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

DEF [ ]5

[] 6