namu v. namu haight declaratory relief complaint
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Darian A. Stanford, OSB No. 994491
Scott T. Rennie, OSB No. 144154
J. Curtis Edmondson WSB 43795 (pro hac vice pending)
[email protected] NELSON STANFORD111 SW Fifth Avenue, Suite 1940
Portland, OR 97204
Tel: 503.417.7777Fax: 503.417.4250
Of Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION
NAMU, INC., an Oregon Corporation, dba
NAMU KOREAN AND HAWAIIAN, and NAMU KILLER KOREAN BBQ,
Plaintiff,
v.
NAMU HAIGHT, LLC., a California LimitedLiability Company; DAVID LEE, an
Individual
Defendants.
Case No.:
COMPLAINT
1. DECLARATORY RELIEF ACTION
PURSUANT TO A CLAIM OFTRADEMARK INFRINGEMENT;
2. CANCELLATION OF TRADEMARKS
AT THE UNITED STATES PATENT AND
TRADEMARK OFFICE; AND,
3. OREGON UNLAWFUL TRADE
PRACTICES ACT
(28 U.S.C. §2201)
INTRODUCTION
1. This dispute arises from the use of the word “NAMU” in connection with selling
Hawaiian-Korean barbeque in Portland. Plaintiff, Namu, Inc., Clint Colbert built the business
from scratch starting in 2010. A video of his first location was posted to the Internet on August
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23, 2010. (see https://vimeo.com/14355734). Since opening in 2010, he has expanded from this
humble start to three locations inPortland.
2. The two NAMUs, one in Portland, NAMU PDX, and one in San Francisco,
NAMU SFO, have coexisted peacefully for years. This is largely due to the fact that the Bay
Area and the Northwest are distinct geographic regions for the purpose of gastronomic tourism.
Where San Francisco is home to many ultra-gourmet restaurants, Portland prides itself on its
accessibility to international style street food.
3. Without provocation, or any evidence that consumers in the Northwest and
consumers in the Bay Area are confused by the two businesses, NAMU SFO’s lawyers
demanded that NAMU PDX stop using the word “NAMU”.
4. NAMU PDX cannot “stop” using the name NAMU any more than NAMU SFO
can stop using their name without suffering irreparable harm.
5. This declaratory relief action requests an order from this Court that NAMU PDX
may use the word “NAMU” in connection with serving food in the Pacific Northwest and to
enjoin NAMU SFO from advertising and marketing their restaurant services under the name
Namu in the same region.
PARTIES
3. Namu, Inc., (“Plaintiff” or “ NAMU PDX”) is an Oregon Corporation which operates
three food carts throughout the Greater Metropolitan Area. Plaintiff has continuously operated its
food carts in interstate commerce under the names Namu Korean & Hawaiian, and Namu Killer
Korean BBQ. Plaintiff has never had a physical operation outside of the Greater Metropolitan
Area.
4. Based on information and belief, Namu Haight, LLC, (“Defendant “or “ NAMU SFO”)
is a California Limited Liability Company which has operated the Namu Gaji Restaurant in San
Francisco. Based on information and belief, Defendant has operated under the name “Namu
Gaji” . NAMU SFO has filed for two USPTO trademarks: App. Serial No. 85/461,412
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(“NAMU” word), and App. Serial No. 85/738,256 (“NAMU” design plus word).
5. Further, based on information and belief, Defendant has never operated a restaurant
outside the San Francisco Bay Area and its name has never been used in interstate commerce.
JURISDICTION AND VENUE
6. This action arises under the Declaratory Relief Act, 28 U.S.C. §2201 et seq., and 28
U.S.C. §1331. The Court has personal jurisdiction over Defendant for the following reasons:
Defendant made unprovoked and unwarranted demands to Plaintiff based on Plaintiff’s use of its
name in the usual course of its business located within this judicial district; on information and
belief Defendant ordered that Plaintiff cease using its commercial name pursuant to its rights at
Common Law; and, on information and belief, Defendant ordered that Plaintiff cease using its
commercial name pursuant to its rights under the Lanham Act 15 U.S.C. 1051 et seq.
7. Venue for this action is proper under 28 U.S.C. §1391(b)(2) because substantially all
of the events giving rise to this action have occurred within this judicial district.
FACTUAL BACKGROUND
Geographic Regions and Relevant Markets
6.
The Pacific Northwest Region (“PNW”) is generally divided into two geographic
sub areas: the Northwest Coast and the Northwest Plateau. (https://en.wikipedia.org/ wiki/
Pacific_ Northwest). Within the Northwest Coast region, there are three metropolitan markets:
Portland, Seattle, and Vancouver. Collectively these three markets have approximately 7.5M
people.
7. The San Francisco Bay Area (SFBA) is a region located near San Francisco, CA
that includes Nine California Counties: Alameda, Contra Costa, Marin, Napa, San Francisco, San
Mateo, Santa Clara, Solano, and Sonoma. Likewise, these nine counties also have a population of
approximately 7.5M people. See https://en.wikipedia.org/wiki/San_Francisco_Bay_Area.
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8. Due to the large distance between San Francisco and Portland, and great climatic
differences (PNW has rain, SFBA does not), restaurant consumers are drawn primarily from local
populations. While, visitors and food critics may be out of town guests when they visit NAMU
PDX or NAMU SFO they never confuse what city they are eating in while consuming the food
provided.
9. The mark which is used by NAMU SFO appears below:
The Beginning of NAMU PDX and Clint Colbert
9. Beginning in 2010, Plaintiff’s owner, Clint Colbert (“Colbert”) set out with the sole
commercial purpose of providing high quality Hawaiian and Korean Barbeque. Mr. Colbert’s
goal was to start a food cart in Portland with the goal expanding in the PNW and Northwest Coast
region.
10. Upon opening in April 2010, Namu PDX was located at 33rd and Hawthorne in
Southeast Portland under the name “Namu Killer Korean BBQ” using the Namu Design. (shown
below). Subsequently, in June 2010, NAMU PDX move to Southeast 43rd and Belmont, with
new signage as “Namu Korean & Hawaiian.” At the time of opening his restaurant, Colbert was
not aware of any other restaurant and/or food service provider in the Greater Metropolitan Area,
or the United States operating under the name “Namu.” NAMU PDX has grown substantially,
and has added two additional locations in the PNW at Southeast 28th and Division, and in the
South Waterfront known as the Gantry, located on Southwest Moody Avenue. Each of the three
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locations uses the “Namu Korean & Hawaiian” name and symbol, as shown below:
11. Throughout the six year period Plaintiff has always remained in Portland as part of
PNW. NAMU PDX has continuously used the Namu name and has been recognized by customers
in Portland, and the PNW region. NAMU PDX has seen their establishments praised in food
guides for their respective localities. (Exhibit A).
NAMU SFO’s Demand Letters
12. On January 26, 2016, without any provocation, Defendant sent a cease and desist letter
(“January Demand Letter”) to Colbert’s former business partner, Gary Evans (“Evans”),
demanding that Namu, Inc. cease and desist its use of the Namu Korean and Hawaiian and Namu
Killer Korean BBQ names. The January Demand Letter states that Namu Gaji name enjoys
protection at common law and under the Lanham Act. (Exhibit B).
David Lee’s Fraudulent Trademark Applications
13. David Lee applied for, and was granted a word mark, “Namu Gaji,” U.S. Trademark
Regustration No. 4,777,130 (“‘130 Mark”). The ‘130 mark was registered on July 21, 2015.
(Exhibit C).
14. David Lee also applied for, and was granted a design plus word mark, U.S. Trademark
Registration No. 4,334,874, (“‘874 Mark”). The ‘874 Mark was registered on May 14, 2013.
(Exhibit D).
15. The basis for the ‘130 and ‘874 registration was David Lee’s representation to the
USPTO that David Lee is the individual who owns the mark. A search of the San Francisco
County Fictitious Business Name Registry contradicts this; rather, “Namu Gaji” is owned by
“Namu Haight, LLC.” (Exhi bit E). Currently, the California Secretary of State has suspended
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Namu Haight, LLC from conducting business activity. (Exhibit F).
16. The United States Trademark Manual of Examination Procedure (“TMEP”) clearly
states that the owner of the mark must been the applicant. TMEP §1201; Chien Ming Huang v.
Tzu Wei Chen Food Co. Ltd , 849 F.2d 1458, 7 U.S.P.Q.2d 1335 (C.A. Fed., 1988).
Counsel Could not Resolve this Dispute
17. On February 19, 2016 (“February Letter”), Plaintiff replied to then January Demand
Letter acknowledging Defendant’s letter and arguing that Defendant’s held no common law rights
to the Namu name in the Metropolitan Area. (Exhibit G). Counsel for NAMU PDX and NAMU
SFO have exchanged subsequent letters with no resolution.
COUNT 1
DECLARATORY JUDGMENT OF NON-INFRINGEMENT
18. NAMU PDX repeats and realleges each of the allegations set forth in paragraphs 1
through 17, and the same incorporated herein by reference.
19. NAMU SFO asserts that it holds superior rights to the word mark “Namu Gaji” and
similar names to Plaintiff.
20. NAMU SFO has never operated an establishment under the “Namu Gaji” nor any
other similar name in the PNW.
21. NAMU SFO’s federally protected rights under the ‘130 and ‘874 registrations do not
exist based on its fraud on the USPTO.
22. NAMU PDX has been using the names “Namu Korean & Hawaiian” and “Namu
Killer Korean BBQ” continually in commerce since 2010.
23. Therefore, NAMU SFO holds no rights to “Namu Gaji” or similar names at common
law within the PNW.
/ / /
/ / /
/ / /
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COUNT 2
TRADEMARK CANCELLATION OF THE ‘130 and ‘874 Marks
24. NAMU PDX repeats and realleges each of the allegations set forth in paragraphs 1
through 23, and the same are incorporated herein by reference.
25. David Lee applied for two trademarks at the USPTO stating he was the owner of the
‘130 and ‘874 marks.
26. David Lee’s representation was false and fraudulent in view of the FBN filing in San
Franscisco County that Namu Haight, LLC owns the “Namu Gaji” mark. Further, the actual
owner of the mark, Namu Haig, LLC, has been suspended by the California Secretary of State.
COUNT 3
VIOLATION OF OREGON’S UNLAWFUL TRADE PRACTICES ACT
27. NAMU PDX repeats and realleges each of the allegations set forth in paragraph 1
through 26, and the same are incorporated herein by reference.
28. NAMU SFO made demands that it has valid USPTO marks, namely the ‘130 Mark
and the ‘874 Mark, and asserted other enforceable rights in the name NAMU. Further, NAMU
SFO demanded that NAMU PDX should cease using the NAMU name.
29. NAMU SFO’s demands were, in fact, false. These false demands have damaged
NAMU PDX to the extent that it has been forced to seek legal advice on responding to these
demands. Further, NAMU PDX is damages insofar as it cannot expand in the PNW without the
damoclean sword of litigation hangin over its business. Finally, the value of NAMU PDX has
been significantly dimished while NAMU SFO’s unwarranted and meritless demands are pending
as any potential buyer would be forced to discount the goodwill associated with the NAMU PDX
name.
/ / /
/ / /
/ / /
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PRAYER FOR RELIEF
ON ALL COUNTS
A. NAMU PDX seeks declaratory judgment that it is the priority holder to the mark
“Namu” and variations thereof in the class of goods for restaurant services within the PNW;
B. NAMU PDX seeks declaratory judgment that NAMU SFO, David Lee, their agents,
servants, assigns, and all other related parties, do not hold any rights to the “Namu” mark or any
variations thereof in the PNW;
C. A temporary restraining order, preliminary and permanent injunction against NAMU
SFO, David Lee, their agents, servants, assigns, or related parties from interfering with NAMU
PDX customers in the PNW, by claiming they are the owner of “Namu” or similar sounding
names in the class of goods for restaurant services within the PNW;
D. Cancellation of the ‘130 Mark and the ‘874 Mark for f raudulent registrations by David
Lee in front of the USPTO;
E. Actual damages pursuant to Oregon’s Unlawful Trade Practices Act;
G. Reasonable Attorney Fees;
H. Costs of Suit; and,
I. Any and all other appropriate nondiscriminatory measures to overcome the above
described actions of Defendant.
DATED: March 15, 2016
SLINDE NELSON STANFORD
By: /s/ Darian A. Stanford.
Darian A. Stanford, OSB No. 994491Email: [email protected]
Scott T. Rennie, OSB No. 144154
Email: [email protected]
Attorney for Plaintiff
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EXHIBIT A
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owned and operated
by
Gary Evans and Clint Colbert,.
Namu offers up only a few items, but those items sate
your BBQ appetite. The pulled pork, a hunk of love that
had been marinating
all
day is served w
i
th cabbage and
a
superb
h
omemade honey horseradish sauce on
a
toasted bun. The pork, sourced locally
fro
m Sweet Briar
Farms was decadent and the entire sandwich melted In
my mouth. was supposed to brtng It home to share,
but it never made it off the lot. O her items on the menu
include Korean
short
ribs
-
rice served with peanu
t
sauce, some ribs, cucumber salad, klmchee and sesame
spinach. For 7, that is quite a meal. They offer a veggie
bowl which, from
a
review by Bar Pilot over at the
Portland Monthly, is a spicy, satisfying safari of flavors,"
Gotta try that sometime.
21 Comments
Namu
Hawth
o
rne, always
a
destination spot for
many Portlanders, Is now
a
destination for
food
cart
lovers. With Cartopia at SE 12th
and Hawthorne redefining late
ni
ght nosh,
and the venerable Whole Bowl up around
40th, Hawthorne knows food. Now, a new
pod has spring up in front of House of
Vintage at SE 33rd. Namu, a cool hand-bullt
ca rt with a
rustic steel
roof is
one o
f
those
new carts serving up
a
tasty menu of
Korean
BBQ.
The Story:
Location: SE 43rd and Belmont
dleselbor
June 17, 2010 Written by dieselboi
Namu
Killer
Korean
Q
Aovrnns~
.'.f.H-
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Chrlsttne
says:
June
25,
2010 at 9:37 am
Awesome cart Super delicious and wonderful. Had the vegan bowl and it was completely
worth it. Peanut sauce on the rice was drool-worthy
/lili Amber
Case
says:
11.j j June 22, 2010 at
12:40
pm
Hey there's a Mexican cart/truck right next door to this one in front of the Vintage place. I had
their veggie burrito and Itwas quite tasty. Check It out
~ J says:
~,:,· June 21, 2010 at
11:42
am
I love the vegan bowl herel I only wish they offered tofu in the bowl. But it
is
the perfect mix of
rice, spinach, cucumber, and kim chi MMMM. And the portion is appropriate, not too much
and not too little.
df Kr1sttna
says:
llfi ' June
17,
2010 at4:30 pm
I love this cart so much. The pulled pork is the perfect blend of sweet and salty, and every bite
is juicier than the last. The $1 kimchi is also pretty delicious. I haven't gotten around to trying
out the other meats (along with the short ribs, they also have
a
chicken sandwich), but
hopefully I will soon.
~'£
Natalle
says:
·
~: June
17, 2010 at B:13 am
Comments
Filed Under: Debit/Credit Cara
Accepted
Dinner Korean, Lunch,
Salads
, Sandwiches. SE 43rd and Belmont;
Southeast-Portlan
d,
Vegetarian Options Weekends
f Facebook 'o
j
- Twitter
l
Cr Google ~ Reddit
j ii/Iii
Ema .
II
.
[
6 Print. :
INSERT_MAP
Hours: Daily,
11
am-7pm
Phone: 503 828 4260
• Pulled Pork Sandwich: sweet horseradish sauce, pulled pork, cabbage and BBQ sauce on
toasted bun - 5
• Korean Short Ribs: rice w/peanut sauce, ribs, kimchee, cucumber salad and sesame spinach -
7
•
Veggie Bowl: rice, cucumber salad, sesame spinach, kimchee, drizzled with peanut sauce - 4
sample Menu:
Namu
is
just the start of the great carts opening at 33rd and Hawthorne. They are open daily to
serve you up both lunch and dinner. Since they only have
a
few items, you know they focus their
energy to make them the best they can. Drop on by Namu, say hi to Gary and Clint. check out
their
cool cart and let them know Food Carts Portland sent ya.
Namu
1912016
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.sfgate.com/restaurantslbarbites/articlelNamu-Gaji-i n-S-F-Heppy-hour-for-whole-fam
ily-4180656.php
If you have miniature soba slurpers, it's a great opportunity to
try the
California-inspired
Korean restaurant's
bar
menu and deals on drinks without having to worry about the crowd
Bar bite and kid-friendly aren't usually said in
the
same breath, and certainly not in
crowded Mission District restaurants. Yet Namu Gaji bridges
that
gap by offering a kk
menu during its happy hour, when the restaurant isn't as packed.
Sous chef Daniel Lim cooks a piece of beef on the grill at Namu Gaji in San Francisco.
IMAGE
1
OF 4
By
Tara Duggan Updated
3:11
pm, Wednesday, January
9, 2013
ADVERTISEMENT
Namu Gaji in S F : Happy
hour for whole f mily
SF
G TE
http://www.sfgate.com/restaurants/barbites/article/Namu-Gaji-in-S-F-Happy-hour-for-whole-family-4180656.php
Namu Gajl inS.F.: Haw,
hour
for wholefamlly-SFGate
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Also
on tap:
During happy hour, the Seitokujunmai ginjo sake goes for 6, and
there
are
always soju shots for 2.
Signature
drink:
During happy hour, beers on tap are 3, including the proprietary Tillie'
Union Ale
,
a rice ale made by Magnolia Brewery. Wine is also available at a discount, like
th
Jo
Landron Atmospheres
brut
sparkler ( 6).
Killer app: Korean tacos { 3 each) are a must-order, with their nori wrapper. Kids can
chose from options like a rice plate with mung bean sprouts, kimchi, toasted seaweed
and
a
hot dog { 9) or a mini version
of
the okonomiyaki, a savory pancake with shredded
vegetables
and
meat { 6).
Best seat:
While
bar
seats rim
the
restaurant, the handful facing the traditional charcoal
grill make for good meal-side entertainment.
The crowd:
During happy hour, some families come in; otherwise it's younger couples and
groups of friends.
The vibe: Warm and casual, with thick wood-slab tables, wood rafters and trim, lots of
bar
seating and
a
long communal table.
Namu Gaji is
run
by chef Dennis Lee and his brothers David
and
Daniel. After opening
a
restaurant
in
the
Richmond District
and
gaining a broader audience with a Ferry Plaza stam
the
brothers
relocated
to
Dolores Park
last
year.
Namu Gaji
in
S.F.:
HSWY
hour f whole family- SFGate
19/2016
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EXHIBIT B
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\-
>
:~
.:
,-.:.>· -:.:_·· .
.Mr .;·
Bvin$:
.
:
.
n
,
-·:_ , .. - . T
,
.
.
. }.·,-.
, '.·
·
-
· ·
:/ ..
.
.
J •
,.
,. · ; .· .
·
~ . ·. . . •. · ..= :\ ~ :, . · ... ~
.
.seilt.
'Nam~
'Baigbt'LLC11 ;hie~:i
·
s
he-0wn~r,J.~~ trade~. ~t.MlJ{~d
·
and ~~"'UGAJl med in co.njunctioii'with
~
its wat-4,nowiln --•nd
~-~
s
.
.. nt,-A 1ated
.....
vices.
We
,wrif
in-:i:-:. .
.. . ... ·
. ~(.&.-·
'.
-- . -
;
,
;
~ ~· ·
-'
-
.
-
;
- '·~~V·
' .
~ .
-
~ -
-
~
~~- .
,-
.
~
-·
.
,. .
.
. .
.
__ . ~ ,
.
_
.• .
•.~•t~~ ~
:l,~
,
yeur
.
-0.1;,~, Q&met ,~amu
:Citt~H-~~~ ~i(orean
Haw~·i~n
~ an.9. ' 'N J ~Ut,r]{g~ :·aarr ·1 .. :~~~Jl
t
7011ffbo
~
-:
~
-
.i
·
:
•arious
oeatf()ttS
in.Pottland
~
--
~gon
,
·
wll,i~
-
sar.e-
~
con
..
,ty
:iq 1
:o.,,aJentt$
tt1a~;
!"#$ &'()*+,*--./&*01 23+45$67 ( 89:$; -&
-
8/19/2019 Namu v. Namu Haight Declaratory Relief Complaint
16/29
. . . . .
H~~ght
trusts
you
meant no. hatm
to it ill
taking
the .term "aamu" for
.
your
,own
use
matter.may· ~tiU be resplved,ainicably withy.our·cooperation. In
regard. and to protect its rights and avoid confusion, .N .amu ,~ui.?9, tliatyou ~
·
oftluftenn
"name" in
connection
with your food carts
and
.
transr,r to
It
y(lµf
URL namufoodoart.com.
· · ·
Nam11 .
Haight~s
·willingness to ami~iy ettle: this
m
~t
it
ij~~
0:f::~
:'
i;JJ~$
'
seriou$ly.
Yo.~
a~ent
Witlihithe
.next
1
:
0:
l
iiiys''.·af·eeasc:
,
Use
term
5
~natnu'•
~~ to
·
adop~ • -replacement nan,~. t.h,ti~. 1'Qt l;~,tf~~y
umilat. will
fier action ori Namu
Haight'.s
part unn~s.aa:y •. ?{~ fi~ y.~ur
~g~
t-
and retuming this
letter
no ·1tter ,thmi:Febtuary S/20lti
.,
··we ~p~ :)fOUJ'
;®o~().n,JII thismatter·and-lookfotwata to.y&tt~~speedf~ly.
.. ..
. .
.
•
.. :. -·
:
r¢~tttl,:come
o
:
our.attention
that you are usin.gthe
tenn·'~namun
in ·eonnect:ion
•rts
as
~tained
ln tht
'
name '~Na.mu .
Food
Cart,
••.Namu Korean.-~
j&Ni:mp KillerKo
r
ean
BBQt and as :contained iA
·the
internet .demaJtt · -
''na,nufoodcart.eomt which
are
confusingly
si
milar
ti)
Namu.
Hajgitr•s
tr,tde._,._.
: ·
use of the
infringini names is likely to
cause c~t~ers-of
.Namu
Flajg~t's.
:
i,.- . _ .
->,
as well as the general national audience
. familiar.with
its restaurant,, to
: .-.:
\ ·\
a
connection
between
you and its
restautants,.whi'ch there
is
not. ' .
eurr~ntly owns U.S .~Tr.a~em~k Registra~·onsfortbe ~ord ~rk N.A~L:_OAJ .
;
4777130).and·for
.
the
NAlvlU d~gn.mark(No._433.4874),
both
~n oonn1:°tton.w1tb
and bar
services,
in~ludjng
carryout .~ces;
restaunmt
and
cat~ng
.
.
'' The
NAMU
and
NAMU
OAJJ
trademark, are recognized
nationaUy
~
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Date
Print
Name ed
Title
Signature
Accepted
and
Agreed,
as an
Authorized Signatory:
Very truly yours,
Nothing
in this letter
shall be construed
as a
waiver
of
any
ngbt or
remedy
available
to
Namu
Haight internationally
and/or
in the
United
Statea. an 0f which ·
ar~ expressly
reserved.
Gary Bvans
January
26)2016
Page
3 .
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Page 11 – COMPLAINT
EXHIBIT C
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Page 12 – COMPLAINT
EXHIBIT D
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May 14, 2013
(REGISTRANT) Lee, David INDIVIDUAL UNITED STATES 778 11th Avenue San Francisco
CALIFORNIA94118
4334874
February 26, 2013
85738256
September 25, 2012
1A
1A
25.03.06 - Backgrounds covered with wood graining; Wood graining (background)
NAMU
The English translation
of namu
in
the mark is tree or ''wood .
IC 043. US 100 101. G S: Restaurant and bar services, including restaurant carryout services;
Restaurant and catering services. FIRST USE: 20061201. FIRST USE IN COMMERCE: 20061201
(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
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.HOME I SITE INDEX SEARCH I eBUSINESS
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Color is not claimed as a feature of the mark. The mark consists of a crosscut of a wooden tree with
the word namu in the lower right hand corner.
SERVICE MARK
PRINCIPAL
Vijay K. Toke
ttorney of
Record
Description of
Mark
Type of Mark
Register
Live/Dead
Indicator
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Page 13 – COMPLAINT
Exhibit E
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Page 14 – COMPLAINT
EXHIBIT F
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27/291/
Privac:t statement Free Document.Readers
Copyright
©
2016 Ca lifomia Secretary of
State
Back
to Search Results
odify Search New. Search Printer Frlendly
Definitions.
• For information o checking or reserving a name, refer to Name Availabili~.
• For information on ordering certificates, copies of documents and/or status reports or to request a
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to Information_
Requests.
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Indicates the information is not contained in the Cali fornia Secretary of State's database.
Note: If the agent for serviceof process s a corporation, the addressof the agent may be requested
by ordering a status report.
101 LUCAS VALLEY RD STE 300
SAN RAFAEL CA 94903
~ ' t
t
-
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Page 15 – COMPLAINT
EXHIBIT G
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Regards
Nothin
g in this le
tter s
ha
ll
be construed as a
w
ai
v
er o
f
any
rig
ht
or re
medy
av
ailable to Na
mu
Inc
.
interna
tion
all
y
a
n
d/or
in the Unit
e
d
St
a
t
es, all
of w
hich
ar
e express
l
y r
eserv
ed.
Therefor
e, Nam
u
In
c.
w
i
ll
c
o
ntinue
t
o
u
se
it
s
trad
e
n
ames
Na
mu Korean & Hawa
ii
a
n
and
Narnu Killer Korean BBQ within
th
e
Port
l
and OR Metropolitan r a until
s
uch time that Namu
Haight LLC can provid
e
credible legal
a
uthority s
upportin
g its right to use the name Namu
Namu Gaji
and/
or the Namu
Woo
d d
esi
g
n
in the
Portl
and Me
tro
p
olit
an
Ar
ea.
Thu
s,
w
hile
N
arnu
Inc
.
under
s
tand
s
your
p
ositi
on
w
e
respectfull
y dis
a
gree
t
hat you
current
ly
ho
ld a
n
y
c
ommon law ri
g
hts
or otherwi
se,
t
o use the
na
me
N
amu or
Na
mu Ga
ji w
ithin the
P
o
rtland
OR
Metropolitan Area Moreov
er
any rights you may have in Namu
Namu Gaji
and
o
r
the
N
amu Wood
de
s
i
gn
did not vest until after
N
amu
In
c. 's date o
f
first use
i
n this region rendering them une
nfor
ceab
l
e
.
Thank you fo
r
y
our
l
etter
on beh
a
l
f of
the Lee bro
th
ers and Namu Ha
i
ght LLC . Namu Inc .
wishes to resolve this ma
tter
in a timel
y
and cost effective manner As you are aware
Namu
K
orean
Hawaiian
and Narnu Kil
l
er Korean BB
Q
have been in cons
i
stent use in commerce
thr
oughout the
Portla
nd
O
R
Met
ropo
lit
an
rea
since 20 I 0 .
A
s
yo
u are also
aware
the Portland Me
t
ro
p
o
li
tan re
a
is
expansive
w
ith a radius o
f
nea
rl
y 50 m
il
es in a
ll d
i
rect
ions (e.g.
ro
ughly
Long
view, WA
-
No
rt
h;
Sherid
an,
O
R
- West
; Gov
ernme
nt Cam
p
OR
-
East;
a
nd
Sa
lem,
O
R
-
Sou
t
h).
It
is clea
r fr
om yo
ur
trademark filings that
Na
mu
H
aight
LLC did not use its mark in interstate commerce prior to November
1
2011; more th
a
n a year after Namu
Inc. 's first use in the Portland M
e
tropolitan
Are
a .
D
ear
M
r.
Tok
e
R
E: Use
of
Namu Namu
Ga
ji
Propri
etary
Mar
ks
Namu Haight, LLC Dispute with Namu Inc.
Mr.
Vij
ay T
ok
e
Coba
lt
LLP
918 Parke
r
Street
B
uildin
g A21
Be
rk
eley, CA
9
4710
T:
510
.841 .98
00
F:
510.
295
.2401
E: v
ij
ia
r
gular mail and email
F
ebruar
y
1
9,
201
6
SCOTT T
. R
NNIE
scott@s
in
e
ne
l
son
.com
!"#$ &'()*+,*--./&*01 23+45$67 ( 89:$; -&