horos v. local - locali trademark.pdf

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LAW OFFICES OF GERARD FOX, INC.Gerard P. Fox (SBN #151649)[email protected] M. Greene (SBN #271397)[email protected] Century Park East, Suite 815Los Angeles, CA 90067Tel: (310) 441-0500Fax:(310)441-4447

Attorneys for Plaintiffs Greg Horosand Melissa Adele Rosen

iiminrnr

CLERK, U S. DISTRICT COURT

CEN1BY

OCT I 7 2014

JTbisTWC" ?p CtUT^Nia,Dli"\JVY

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTI JCT OF CALIFORNIA

CV14 -08065-^nAl^cGREG HOROS, an individual, andMELISSA ADELE ROSEN, anindividual

Plaintiffs;

LOCOL, LLC, a California limitedliability company, ROY CHOI, anindividual, DANIEL PATTERSON,an individual, and DOES 1-10,inclusive,

Defendants.

Case No.

C OMPLAINT FOR:

(].) FEDERAL TRADEMARKINFRINGEMENT 15 U.S.C. §§1114 AND 1125(a)

(1) FEDERAL TRADEMARKDILUTION UNDER 15 U.S.C. §1125(c)

(i) FEDERAL UNFAIRCOMPETITION UNDER 15U.S.C. § 1125(a)

(4) COMMON LAW TRADEMARKINFRINGEMENT

(5,) VIOLATION OF CAL. BUS. &PROF. CODE §17200 et seq.

(&) INJURY TO BUSINESSREPUTATION AND DILUTIONUNDER CAL. BUS. & PROF.CODE § 14330

Of) DECLARATORY JUDGMENT

JURY TRIAL DEMANDED

TF'AiD

{\}L...

COMPLAINT./••i. Hi

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Plaintiffs Greg Horos and Melissa Adele Rosen (collectively "Plaintiffs")

hereby allege the following:

INTRODUCTION

1. The world of healthy, affordable food, inclusive ofvegetarian, vegan

and otherwise nutritious eating has exploded. The founders of the Locali

restaurant chain established their name, marjk, and restaurant and have had them inplace here in Los Angeles since 2009. This

indicates, purposefully, Plaintiffs' restauran

community, and offering delicious but affordable vegan and non-vegan healthy

food. The idea was to make it possible for the consumer from the local community

to get in and out quick, and yet, not resort to

food at an affordable price. The name Locali means community, roughly, in

Italian, and the founders of this unique restaarant established their restaurant chain

name, mark and concept around fast, healthy, affordable food for the local

community. The consuming public recognizes this mark and what the Locali namerepresents. The local community concept is

customers use Google searches and smartph

chain is growing. As their name

::s focus on a caring approach to

mbedded in the name, and many

me applications to find this local,

healthy, fast food restaurant. While Plaintiff; do not hold a monopoly over fast,

cheap, healthy food, their trademarked name

concept "local" and derived out of the entire

deserves protection. It is a registered trademark and well recognized by

the consuming public.

2. The Defendants have followed

restaurants and have intentionally chosen to

that is centered around the root

communal concept of their services

und studied Plaintiffs' concept and

:opy Plaintiffs' concept. Out of all

the names theycould have chosen for theircopycat restaurants, including names

more in linewiththe very different brand of restaurants they have opened, they

chose to copy the core of Plaintiffs' markanI go by the name "Loco'l." Theywill

be selling the same food for roughly the sam£ prices, in the same location and in

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COMPLAINT

1 interviews have mimicked the long voiced njiessage ofPlaintiffs about their

he pioneers of a concept that is now

not lawful. In an era where

smartphone applications to find the

competitors in the same markets,

sound very similar, appear very

same connotation. Defendants have

openingtheir Loco'l restaurants in the

Angeles, in direct competition with

nfringing mark, and have dedicated a

restaurants under the infringing mark,

world of food containing a high

ckly from a local restaurant that

the local community, but ask that

tplace by copying them and trying

to cause the consumers to think

in fact Plaintiffs and their restaurants

chose to be unique in some way, and

merge with or steal Plaintiffs' mark

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restaurants. This copying and trading off of

growing quickly is in poor taste, literally

consumers of food use Google searches and

restaurant they want, it is imperative that

offering the same services not use names

similar, mean the same thing and have the

announced through the media that they are

Spring of 2015 in San Francisco and then

Plaintiffs, have begun advertising under the

web site to the opening of these competing

3. Plaintiffs welcome others to the

nutritional content, which can be secured qu

offers cheap prices and a caring approach to

followers and competitors not enter this

to use a name so close in sound and

that the competition's knock off restaurant is

4. It is hoped that Defendants will

pick a name of their own that does not try to

and the identity of their restaurants.

PARTIES

5.

and

th£t

Lcs

mar.ce

appearance

Plaintiff Greg Horos is an individual

in Los Angeles, California. Mr. Horos is a ci

6. Plaintiff Melissa Adele Rosen is

domiciled in Los Angeles, California. Ms. Rbsen

7. Defendant Locol, LLC ("Locol'

company. Locol's principal place of business

citizen of California. Locol maintains offices

COMPLAINT

currently living and domiciled

izen of California,

an individual currently living and

is a citizen of California.

) is a California limited liability

is in Oakland, California. Locol is a

at 6216 Ascot Dr., Oakland, CA

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94611.

8. Defendant Roy Choi ("Choi") i

domiciled in Los Angeles, California. Choi

information and belief Choi is a principal ofLocol

ofLocol, or alternatively Defendant Choi

9. Defendant Daniel Patterson (

living and domiciled in Oakland, California

Patterson is a Managing Member of Defendant

Patterson is a principal ofLocol, and/or directs

alternatively Defendant Patterson and Locol

10. Plaintiffs do not know the true

therefore sue them by fictitious names. Plaintiffs

thereby allege that each of these Defendants

the events and happenings alleged in this Co|mplaint

and damages.

JURISDICTION

11.

IS an individual currently living and

a citizen of California. On

, and/or directs the operations

Locol are alter egos of each other.

Patterson") is an individual currently

Patterson is a citizen of California.

Locol. On information and belief

the operations of Locol, or

are alter egos of each other.

Barnes of the DOE Defendants and

are informed and believe and

were in some manner responsible for

and for Plaintiffs' injuries

AND VENUE

IS

This action arises under the federal

Act"), 15 U.S.C. § 1051, et seq., the Declara

2201 and 2202, and under the common law

has subject matter jurisdiction over the federal

declaratory judgment claims pursuant to 15

1338, and 1367. The Court has subject mattejr

California state law claims pursuant to 28 U

12. This Court has personal jurisdiction

Locol is a limited liability company formed

State of California and thereby resides in this

jurisdiction over Choi and Patterson as they

have extensive contacts with, and conduct

and

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COMPLAINT

trademark statute (the "Lanham

ory Judgment Act, 28 U.S.C. §§

ctf the State of California. This Court

trademark, unfair competition and

.S.C. § 1121 and 28 U.S.C. §§ 1331,

jurisdiction over the related

S.C. §§ 1338 and 1367.

over Defendant Locol since

^nd existing under the laws of the

State. This Court has personal

Reside inthe State ofCalifornia and

business within the State of California

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and this judicial district.

13. Venue in this district is proper j:

(b)(2) and (c)(2) because a substantial part ojf the

occurred in this district and because Defendants

conduct business within this judicial district

promoted the infringing mark and caused toiltious

judicial district.

FACTS

pursuant to 28 U.S.C. §§1391(b)(1),

events giving rise to this claim

have extensive contacts with, and

and have also advertised and

injury to Plaintiffs in this

Plaintiffs' Business And The LOCALI Trademark

14. Plaintiffs Greg Horos and Meliisa

successful business named Locali ("LOCALJI

restaurant, convenient store hybrid with locations

Angeles area.

15. Faced with the growing obesity

ever increasing array of unhealthy restaurantls

healthy food is expensive and bland, Plaintiffs

perception of healthy food and create a

16. Plaintiffs wanted to create a sus

fast food convenience outlet that provided

foods along with healthy prepackaged meals

emphasize community, sustainability, health

chose the name LOCALI because of their

around local, accessible and healthy foods.

LOCALI means community, as applied to a

LOCALI is arbitrary and fanciful.

17. Plaintiffs opened the first LOCALI

Hollywood, California. LOCALI offers a

breakfast options, sandwiches, salads, baked

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Adele Rosen own and operate a

) which is a healthy fast food

throughout the greater Los

epidemic in the United States, the

and the public perception that

decided to shatter the public's

fast food and convenient store,

tainable and affordable version of a

delicious, local andorganic artisan

and baked goods. Plaintiffs wanted to

and being eco-friendly. Plaintiffs

asis on building a community

Indeed, roughly translated from Italian,

'ast food restaurant, the mark

emphz

wide

COMPLAINT

location in January 2009 in

range of affordable and healthy

goods, smoothies, milkshakes, and

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desserts. LOCALI also offers a full range

options.

18. LOCALI quickly garnered a

for their innovative, healthy and unique

store. Since 2009, Plaintiffs have continuously

in California and throughout the United Stat

19. Plaintiffs have devoted substantial

promoting their LOCALI mark in connection

been featured by several important restaurant

Zagat, LA Weekly, and Eater, and has been

international media outlets including the Hu

Magazine. Further, LOCALI maintains a string

in Los Angeles and nationally on Twitter,

LOCALI advertises on many online food

such as GrubHub, Eat 24, Yelp and Seamles

20. While LOCALI does offerhealfhy

convenience items, it is LOCALI's made to

smoothies and milkshakes that have made

healthy, fast and affordable food at LOCAL!

2014, Zagat named LOCALI's "Badass

New Sandwiches. In September 2013, CBS

"Brekkie Burrito" one of the "Best Breakfasi;

LOCALI's Da VinCheese sandwich won

Invitational competition.

21. LOCALI has been very successful

healthy and affordable versions of fast food

Weekly noted that LOCALI's "Sir Nasty"

alternative to McDonald's Egg McMuffins.

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of vegan, vegetarian and gluten-free

hybrid

positive public reputation and goodwill

fast food restaurant and convenient

used the distinctive mark LOCALI

;s to market their unique restaurant,

time, effort and resources into

with their restaurant. LOCALI has

industry publications including

:overed by various national and

TingtonPost and Vogue Nippon

social medial marketing presence

gram and Facebook. Additionally,

ordering websites and smartphone apps

Insta£

>.

COMPLAINT

pre-made food, baked goods and

order sandwiches, paninis, salads,

LOCALI the true success that it is. The

has won several awards. In March

Breakfast Sandwich" one ofLA's 10 Best

os Angeles named LOCALI's

Burritos In Los Angeles." Further,

Firist Place in the 2010 Grilled Cheese

at its innovative goal of providing

avorites. For example, in 2012, LA

brleakfast sandwich was a healthy

Even more, on April 24, 2014,

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ChowNow, a popular food and restaurant

breakfast sandwiches as healthier versions

22. As a result of Plaintiffs

quality, award-winning food, LOCALI has

significant goodwill for their healthy

For example, LOCALI's Reuben sandwich

2012 as one of the best Reuben sandwiches

23. Plaintiffs have enjoyed great

Plaintiffs opened a sister store "Localita &

Angeles, and opened a second LOCALI

The LOCALI mark is immediately

throughout the United States in connection

and tasty food.

24. Plaintiffs have been using the

interstate commerce since 2009 and have

rights in the mark. Additionally, on June 19,

trademark registration application for the

take-out restaurant services and delicatessen

and Trademark Office ("USPTO") which is

application was published for opposition in

June 24, 2014, and the opposition period

opposition being filed. Thus, LOCALI is a

rights date of June 19, 2013. A true and

application is attached hereto as Exhibit "A"

25. Below is an image ofLOCALI

application:

////

////

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website, again applauded LOCALI's

c|f McDonald's McGriddle sandwiches,

extensive advertising efforts and high-

garnered public recognition and gained

convenient, fast and delicious food offerings

was highlighted by LA Weekly in

in Los Angeles,

success of their LOCALI mark. In 2012

'the Badasserie" in downtown Los

locition in Venice, California in 2014.

recognizable by the public in California and

AJvith Plaintiffs' accessible, healthy, fast

LOCALI mark continuously in

therefore acquired broad common-law

2013, Plaintiffs filed a federal

LOCALI for catering, restaurant,

services with the United States Patent

Serial Number 8596444. That

1he Trademark Official Gazette on

closed on July 24, 2014 without any

federal trademark with an effective

correct copy of Plaintiffs' trademark

as it appears in Plaintiffs' USPTO

mzrk

COMPLAINT

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LOCALI26. On June 19, 2013, Plaintiffs

registration application with the USPTO for

Convenience" for brick and mortar store

smoothies, soups, coleslaw, prepared meals,

soda, tea and coffee; online retail store

smoothies, soups, coffee, tea, juice and

field of restaurant take-out and delivery

application was published for opposition in

July 8, 2014, and the opposition period

opposition being filed. Thus, "Locali

trademark with an effective rights date

ofPlaintiffs' trademark application is

27. Below is an image of "Locali

in Plaintiffs' USPTO application:

also filed a federal trademark

the mark "Locali Conscious

featuring sandwiches, salads,

frozen foods, chips, desserts, wine,

featuring sandwiches, salads,

; online ordering services in the

is Serial Number 85964591. That

t|he Trademark Official Gazette on

on August 8, 2014 without any

Convenience" is a federal

19, 2013. A true and correct copy

hereto as Exhibit "B".

Cbnscious Convenience" as it appears

services

services

coles law

which

closed

Conscious

of Juie

attached

LOCALI CONSCIOUSCONVENIENCE

Defendants' Infringing Use And Interference

28. Defendant Choi is a well-knowiji

owns several restaurants in the greater Los

Korean taco truck, "Kogi" and has expanded

restaurants including "Chego!" restaurant in

and "POT" restaurants in Koreatown, Los

combines Korean and Mexican influences

Korean chef and restaurateur who

geles Area. Choi began with the

to several additional Korean style

Chinatown, and the "Commissary"

geles. Choi is known for food that

is highly influenced by street food.

An:

Ai

ard

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COMPLAINT

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Choi and his restaurants have received their

different type of food.

29. Defendant Daniel Patterson is i

restaurants in San Francisco and Oakland,

30. On or around August 24, 2014,

plan to open a healthy and cheap fast food

food chains and convenience stores called

international conference for the food and

Copenhagen. Defendants, and each of them,

continue using the mark "Loco'l" in intersta

restaurant.

31. Patterson and Choi, on

each other, have stated that their goal with "!

delicious foods made from real ingredients,

true and correct copy of Defendants Choi

MADfeed confirming their intent to open "

healthy versions of fast food favorites like

Choi's September 2, 2014 interview with Ea

is attached hereto as Exhibit "D".

32. In the September 2, 2014 Eater

community oriented concept of "Loco's" sta

it as a community resource center." See

want the place to have community workshop^

for you to be able to have free wifi so you

Id.

33. Defendants also announced that

restaurant in San Francisco in Spring 2015

and plan to open "like a million" locations

share of attention for this very

well-known chef who owns several

California.

Choi and Patterson announced their

restaurant to supplant the current fast

Ipco'l" at the MAD4 Symposium, an

restaurant industry held in Refhale0en,

then began using, and intend to

:e commerce in reference to their

behalf of and/or in collusion with Locol and

oco'l" is to provide inexpensive and

Attached hereto as Exhibit "C" is a

Patterson's August 25, 2014 post on

1". Defendants' goal is to create

IVjcDonald's Quarter Pounder. See Roy

er, a true and correct copy of which

article Choi emphasized the

ing "[i]t's for-profit for people to use

Exhibit "D". Choi expanded saying "[w]e

to be open before hours, after hours,

can use it as an office if you need to."

they plan to open the first "Loco'l"

wjith a Los Angeles, location to follow

across the U.S. See August 25, 2014

ani

Loco'

COMPLAINT

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article "Roy Choi & Daniel Patterson to

correct copy of which is attached hereto as

34. According to statements made

Patterson, on behalf of and/or in collusion

restaurants will provide services strikingly

LOCALI restaurants. Just like LOCALI, "

community based, healthy, affordable, quick

food staples.

35. Choi and Patterson, on

each other, have gone on an extensive

have appeared in several California and

advertising "Loco'l" and discussing their pi

restaurants. The media outlets include, but

Times, Yahoo News, New York Magazine,

Zagat, Eater.com Los Angeles and Eater.com

These are the same media outlets which

36. Due to the extensive national

by Defendants' announcement of their "Loco

advertising and promoting thereof, and the

general public may begin to associate the

than with Plaintiffs.

37. On information and belief,

Defendant Locol, LLC, a limited liability

order to operate the "Loco'l" restaurants.


supervise, direct, manage and own Defendant

alter egos ofLocol, LLC.

39. On information and belief, each

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Open Fast Food Concept" a true and

Bxhibit "E".

both Defendants Choi and

Locol and each other, the "Loco'l'

sjmilar, if not identical to Plaintiffs'

1" will focus on providing local,

meals and healthy versions of fast

by

with

Loco

behalf of and/or in collusion with Locol and

marketing and advertising campaign and

national media outlets marketing and

to open several "Loco'l"

not limited to, the Los Angeles

1[JSA Today, Los Angeles Magazine,

San Francisco, and LAist.com.

Plaijrtiffs use to market LOCALI.

media coverage given to and generated

'1" restaurant, Defendants continued

arity of Choi and Patterson, the

LOCALI mark with Defendants rather

ans

are

p opuk

Defendants Choi and Patterson formed

company in the State of California, in

Defendants Choi and Patterson operate,

Locol, LLC, or alternatively are

of the acts of each defendant alleged

COMPLAINT

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above and herein was done with the full

permission of each ofthe other defendants.


operate the website welocol.com as the officjial

41. Upon information and belief, a1

been aware of Plaintiffs' LOCALI mark,

followed LOCALI on social media and follolws

correct list of LOCALI's Twitter followers,

LOCALI is attached here to as Exhibit "F".

42. Upon information and belief,

chose "Loco'l" as a substantially and confusingly

order to benefit from the strength of the LOCALI

hard earned reputation.

43. Defendants are not authorized

colorable imitations thereof, or any marks

those marks, or any substantially similar or 4

44. Upon information and belief,

filed a federal trademark registration application

"Loco'l" for restaurant and cafe services which

true and correct copy of the USPTO TSDR

"Loco'l" as of October 17, 2014 is attached

September 14,2014, in response to Plaintiff!

Defendants called counsel for Plaintiffs and

continue using "Loco'l" and that if Plaintiffs

Defendants.

45. As shown in the images below,

reproduction, counterfeit, copy or colorable

confusingly similar to Plaintiffs' LOCALI rrjark

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knowledge, consent, advice and

Defendants have registered and own and

website of"Loco'l".

all relevant times Defendants have

Defendant Choi has monitored and

LOCALI on Twitter. A true and

showing that Defendant Choi follows

Defendants, and each ofthem, willfully

similar mark to LOCALI in

mark and to trade on Plaintiffs'

tb use any of Plaintiffs' marks, or

substantially indistinguishable from

onfusingly similar marks.

August 26, 2014, Defendant Locol

with the USPTO for the brand

is Serial Number 86377931. A

rademark Application Status for

lere to as Exhibit "G". On or around

' cease and desist letter, counsel for

stated that Defendants intended to

didn't like it, Plaintiffs can due

Defendants' "Loco'l" mark is a

imitation of and is substantially and

on

COMPLAINT

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Plaintiffs' LOCALI mark:

LOCALIDefendants' "Loco'l" mark:

Loco'46. On September 6, 2014, in an effort

litigation, Plaintiffs sent Defendants a cease

Plaintiffs had California and national tradeniark

the mark "Loco'l" infringed those rights anc

and desist from all further use of the confusingly

withdraw their federal trademark application

cease and desist letter is attached hereto as

47. As of this date, Defendants con

confusingly similar "Loco'l" mark. Defendants

refusal to comply and consequent failure to

desists requests demonstrates an intent to wrpn

to willfully infringe Plaintiffs' rights in their

FIRST CAUSE C

(Federal Trademark Infringement Under

Against All De

48. Plaintiffs reallege and incorporate

allegation contained in the paragraphs above

49. Defendants have used in interstate

using in commerce the term "Loco'l" in connection

li-

COMPLAINT

to resolve the matter without

and desist letter explaining that

rights in their LOCALI mark, that

demanding that Defendants cease

similar "Loco'l" mark and

. A true and correct copy of Plaintiffs'

Exhibit "H".

inue to use and promote the

' continued use of the mark, stated

Comply with Plaintiffs' cease and

gfully compete with Plaintiffs and

LOCALI mark.

F ACTION

15 U.S.C. §§1114 And 1125(a)

endants)

by reference herein each and every

as if fully stated herein.

commerce and plan to continue

with Defendants' healthy fast

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food restaurant which confusingly similar tc

likely to cause confusion or mistake, or will

to the source and origin of Defendants'

association of Plaintiffs' restaurant with

50. Plaintiffs never authorized

any counterfeit, imitation or reproduction

Defendants' acts described above and hereir

Plaintiffs' trademarks in violation of the

1125(a).

51. If not enjoined Defendants'

suffered and will continue to suffer damages

consisting of, among other things, diminution

associated with the LOCALI mark, and inj

therefore entitled to injunctive reliefpursuarjt

52. Pursuant to 15 U.S.C. § 1117,

damages in an amount to be determined at

by using the substantially similar mark, and

informed and believe, and thereby allege

herein were done willfully and with the

deception making this an exceptional case

treble damages and their reasonable attorney

SECOND CAUSE

Plaintiffs' LOCALI mark and is

likely deceive the public with respect

products and the affiliation, connection, or

Defendants and/or their restaurants.

Defendants' use of the "Loco'l" mark or

of]Plaintiffs' LOCALI mark and thus

constitute an infringement of

Lariham Act, 15 U.S.C. §§1114 and

act: ons will continue. Plaintiffs have

in an amount to be proven at trial

in the value of and goodwill

to Plaintiffs' business. Plaintiffs are

to 15 U.S.C. § 1116.

Plaintiffs are entitled to recover

, any profits made by Defendants

he costs of this action. Plaintiffs are

Defendants' actions described

ion of causing confusion, mistake, or

titling Plaintiffs to recover additional

's fees under 15 U.S.C. § 1117.

OF ACTION

trial

that

intention

en

(Federal Trademark Dilution Under 15 U.S.C. § 1125(c) Against All

Defendants)

53. Plaintiffs reallege and incorporete


54. Plaintiffs' LOCALI mark is inh srently

distinction from other marks though Plaintiff's

- 12-

COMPLAINT



distinctive and has acquired

' long, continuous and exclusive use

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thereof Plaintiffs' LOCALI mark is famous

15 U.S.C. §§ 1125(c)(1) and 1127.

55. Defendants' actions described ^bove and herein constitute theunauthorized use in interstate commerce of

relevanttimes Defendants were aware ofPldntiffs' prior use of their LOCALI

mark and began using a mark that is confusiigly similar to Plaintiffs' LOCALI

afterPlaintiffs' mark became famous. Defendants' actions are likelyto dilute,

have diluted and will continue to dilute, the distinctive quality of the LOCALI

mark.

56. As a direct and proximate resul; ofDefendants' wrongful actions,

Plaintiffs are likely to suffer, have suffered, uid will continue to suffer dilution of

theirLOCALI mark and their goodwill. Plai itiffs have no adequate remedy at law

andare thus entitled to an injunction restraining Defendants, their officers, agents,

employees and all persons acting in concert with Defendants, from engaging in

further acts of dilution. IfDefendants are no1 preliminarily and permanently

enjoined, Defendants will continue to use marks confusingly similar to Plaintiffs'

LOCALI mark and will cause irreparable damage to Plaintiffs.

57. Pursuant to 15 U.S.C. § 1117, Plaintiffs are entitled to recover

damages in an amount to be determined at tr al, any profits made by Defendants

by using the substantially similar mark, and 1he costs of this action. Plaintiffs are

informed and believe, and thereby allege, thst Defendants' actions described

herein were done willfully and with the intention of causing confusion, mistake, or

deception making this an exceptional case entitling Plaintiffs to recover additional

treble damages and their reasonable attorney's fees under 15 U.S.C. § 1117.

THIRD CAUSE OF ACTION

(Federal Unfair Competition Under

and distinctive within the meaning of

5 U.S.C. § 1125(a) Against All

Defendants)

58. Plaintiffs reallege and incorporate by reference herein each and every

13-

COMPLAINT

1

2

3

4

5

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13

14

15

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17

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allegation contained in the paragraphs above:

59. Defendants' actions described

limited to, Defendants' use of a mark

mark in interstate commerce to advertise

"Loco'l" and Defendants' knowledge

constitutes unfair competition in violation o

60. Defendants' continued use

in connection with Defendants' restaurant is

and to confuse members of the public who

Defendants are associated with Plaintiffs

valid trademark rights.

61. Plaintiffs are informed and

Defendants, in adopting the "Loco'l" mark,

knowledge ofPlaintiffs' rights in the

62. As a direct and proximate resuli

Plaintiffs are likely to suffer, have suffered,

Plaintiffs have no adequate remedy at law

restraining Defendants, their officers, agents

concert with Defendants, from engaging in

Defendants are not preliminarily and

continue to use marks confusingly similar to

cause irreparable damage to Plaintiffs.

63. Pursuant to 15 U.S.C. § 1117,

damages in an amount to be determined at

by using the substantially similar mark, and

informed and believe, and thereby allege,

herein were done willfully and with the i

deception making this an exceptional case

-14-

as if fully stated herein,

dbove and herein, including but not

confusingly similar to Plaintiffs' LOCALI

market Defendants' restaurant

ofPlaintiffs' prior use of the LOCALI mark

15 U.S.C. § 1125(a).

of trie confusingly similar "Loco'l" mark

likely to cause mistake, to deceive

vfcmld be wrongfully led to believe that

thereby depriving Plaintiffs of their

believe and thereby allege that

^cted willfully and with full

mark,

of Defendants' wrongful actions,

^nd will continue to suffer damages,

are thus entitled to an injunction

employees and all persons acting in

fjirther acts of unfair competition. If

enjoined, Defendants will

Plaintiffs' LOCALI mark and will

LOCALI

and

permar ently

plaintiffs are entitled to recover

any profits made by Defendants

1he costs of this action. Plaintiffs are

Defendants' actions described

intention of causing confusion, mistake, or

erititled Plaintiffs to recover additional

trial,

thct

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

treble damages and their reasonable attorne)

FOURTH CAUSE

's fees under 15 U.S.C. § 1117.

OF ACTION

(Common Law Trademark

64. Plaintiffs reallege and


65. Plaintiffs own and enjoy

LOCALI mark in California and throughout

66. The actions of Defendants

not limited to, Defendants' use of a mark

LOCALI mark in interstate commerce to

restaurant "Loco'l" in San Francisco and Lofc

and Defendants' knowledge ofPlaintiffs'

constitutes violation of the common law

67. Defendants' use of the term "

healthy fast food restaurant is likely to cause

deceive the public with respect to the source

and the affiliation, connection, or association

Defendants and/or their restaurants

68. Defendants' actions in the State

have caused and will cause irreparable injur)

69. As a direct and proximate result





Defendants are not preliminarily and

continue to use marks confusingly similar to

cause irreparable damage to Plaintiffs.

- 15-

Infringement Against All Defendants)

incorporate by reference herein each and every


common law trademark rights to the

the United states,

described above and herein, including but

confusingly similar to Plaintiffs'

advertise and market Defendants'

Angeles, California and nationally

prior use ofthe LOCALI mark

of California.

Lqco'1" in connection with Defendants'

confusion or mistake, or will likely

and origin of Defendants' products

of Plaintiffs' restaurant with

of California are likely to cause,

to Plaintiffs.


^tnd will continue to suffer damages,



farther acts of infringement. If

enjoined, Defendants will

Plaintiffs' LOCALI mark and will

and

permanently

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

70. Plaintiffs are entitled to recover

determined at trial, any profits made by Defendants

similar mark, and the costs ofthis action. Plaintiffs

thereby allege, that Defendants' actions described

maliciously and withthe intention of causing

entitling Plaintiffs to recover additional puni|tive

attorney's fees.

FIFTH CAUSE OF ACTION

(Violation Of Cal. Bus. & Prof. Code §11200



72. Cal. Bus. & Prof. Code §17200

shall mean and include and "unlawful, unfai:

practice."

73. The actions of Defendants described

not limited to, Defendants' infringing on Plaintiffs

mark confusingly similar to Plaintiffs' LOCALI

and market Defendants' restaurant "Loco'l

Plaintiffs' use of the LOCALI mark constitu

and/or practices in violation of the laws of trie

74. As a direct and proximate result

Plaintiffs are likely to suffer, have suffered




business practices. If Defendants are not preliminarily

Defendants will continue to use marks confusingly

mark and will cause irreparable harm to Plaintiffs

-16-

damages in an amount to be

by using the substantially

are informed and believe, and

herein were done willfully,

confusion, mistake, or deception

damages and their reasonable

et seq. Against All Defendants)

e by reference herein each and every


et seq., states that unfair competition

• or fraudulent business act or

above and herein, including but

' LOCALI mark by using a

mark in commerce to advertise,

and Defendants' knowledge of

:e unlawful and unfair business acts

State of California,


^ind will continue to suffer damages,



farther acts of unlawful and unfair

and permanently enjoined,

similar to Plaintiffs' LOCALI

and

COMPLADIT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

75. Plaintiffs are entitled to recover

determined at trial, any profits made by

similar marks and the costs of this action

thereby allege, that Defendants' actions

oppression, fraud and malice and with the i

or deception entitling Plaintiffs to recover

reasonable attorney's fees.

SIXTH CAUSE

damages in an amount to be

Defendants by using the substantially

Plaintiffs are informed and believe, and

described herein were done with

intention of causing confusion, mistake,

additional punitive damages and their

OF ACTION

Dilu tion(Injury To Business Reputation And

14330 Against All

76. Plaintiffs reallege and incorporht

allegation contained in the paragraphs above;

77. Defendants' use of marks

mark in California dilutes or is likely to dilute

LOCALI mark, reduces or is likely to reduck

business reputation, and destroys or is likel>

by the public ofPlaintiffs to their LOCALI

constitute injury to business reputation and

Plaintiffs' mark within the meaning of Cal.

78. As a direct and proximate resul|t





dilution. If Defendants are not preliminarily

Defendants will continue to use marks

mark and will cause irreparable damage to

////

-17

confusin

and

Under Cal. Bus. & Prof. Code §

Defendants)

e by reference herein each and every


gly similar to Plaintiffs' LOCALI

the distinctive quality of Plaintiffs'

the value of Plaintiffs' goodwill and

to destroy the exclusive association

mark. Defendants' wrongful acts

dilution of the distinctive quality of

Bus. & Prof. Code § 14330.


and will continue to suffer damages.


, employees and all persons acting in

"urther acts of injury to reputation and


similar to Plaintiffs' LOCALIconfusingly

Plaintiffs.

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

SEVENTH CAUSE OF ACTION

(Declaratory



80. Plaintiffs own and enjoy broad

in California and throughout the United States

81. Plaintiffs have sent Defendants

that Defendants cease and desist from all further

"Loco'l" mark and withdraw their federal

rejected and rebuked Plaintiffs' demands.

82. Given these circumstances, and

an actual and justiciable controversy, pursuant

arisen between Plaintiffs and Defendants

intended use of the "Loco'l" mark in interstate

83. Plaintiffs seek a declaration thai

the "Loco'l" mark in interstate commerce in

rights in their LOCALI mark.

84. Plaintiffs have no adequate remedy

injunction restraining Defendants, their officers

acting in concert with Defendants, from engagin

infringement. If Defendants are not preliminnrily

Defendants will continue to use marks confu

mark and will cause irreparable harm to Plaintiffs

PRAYER FOR

Judgment)



xademark rights to the LOCALI mark

;s.

a cease and desist letter demanding

use of the confusingly similar

trademark application. Defendants have

the circumstances described above,

to 28 U.S.C. §§ 2201, et. seq., has

respect to Defendants' use and

commerce.

Defendants' use and intended use of

ringes on Plaintiffs' broad trademark

at law and are thus entitled to an

, agents, employees and all persons

g in further acts of trademark


singly similar to Plaintiffs' LOCALI

RELIEF

WHEREFORE, Plaintiffs pray that thi|s Court enter judgment against

Defendants as follows:

1. An order granting Plaintiffs inju|nctive

et seq.; and California Business and Professions

-18-

COMPLAINT

relief under 15 U.S.C. § 1051

Code §§ 17200 and 17500 et seq.,

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

that Defendants, and their officers, agents,

attorneys, and all other persons acting in

permanently enjoined from:

a. committing any further

b. using "Loco'l" or any

the LOCALI trademarks asserted

c. engaging in any activity

LOCALI, or acts and practices that

trade, including without limitation,

likely to be confused with the LOCA

2. An order requiring Defendants

Plaintiffs within thirty (30) days after entry

under oath setting forth in detail the manner

complied with the injunction in accordance

3. An order requiring Defendants

federal trademark application for "Loco'l"

Number 86377931 and to refrain from

inconsistent with the foregoing injunctive

4. An order to the United States

or refuse registration of Defendants' federal

filed on August 26, 2014, Serial Number

5. An order awarding Plaintiffs al

damages sustained by Plaintiffs as a result o

other compensatory damages as the Court

pursuant to 15 U.S.C. § 1117;

6. That such damages and profits

and that Plaintiffs be awarded their costs

pursuant to 15 U.S.C. § 1117, as a result

-19

servants, representatives, employees,

concert with them be preliminarily and

acts of trademark infringement,

te|rm that is likely to be confused with

her sin,

constituting unfair competition with

deceive customers, the public and/or

use of "Loco'l" or any term that is

I trademarks asserted herein;

to file with this Court and serve on

of the injunction, a report in writing,

and form in which Defendants have

with 15 U.S.C. § 1116;

to file an express withdrawal of their

on August 26, 2014, Serial

any other trademark registration

the

filed

seeking

relief;

Patent and Trademark Office to cancel

trademark application for "Loco'l"

86B77931;

of Defendants' profits and all

Defendants' wrongful acts, and such

determines to be fair and appropriate

>e trebled and awarded to Plaintiffs

attorneys' fees and expenses in this suit

ofdefendants' willful, intentional and

COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

deliberate acts in violation of the Lanham Act

7. That Plaintiffs be awarded

compensate them for the damage caused by

California Business and Professions Code §

trademark infringement under California

8. That Plaintiffs be awarded

3294.

9. A declaratory judgment that

mark "Loco'l" infringes Plaintiffs' trademark

10. That Plaintiffs be granted such

appropriate.

DEMAND FOR

damages in an amount sufficient to

Defendants' unfair competition under

§ 17200 and 17500 et seq. and

common law.

punitive damages under Cal. Civ. Code §

Defendants' use and intended use of the

rights in their LOCALI mark,

further relief as the Court may deem

JURY TRIAL

Plaintiffs respectfully demand a trial ?yjury in this action.

October 17, 2014LAW OFFICES OF GERARD FOX, INC.

By: /Sf Gerard P. Fox

GerirdP. Fox

Lauren M. Greene

Attorneys for PlaintiffsGREG HOROS AND MELISSA

ADELE ROSEN

•20-

COMPLAINT

EXHIBIT i'A"

PTO Form 1478 (Rev 9/2006)

OMB No. 0651-0009 {Exp 1J/31/2014)

Trademark/Service Mark Application, Principal Register

Serial Number 85964444

Filing Date: 06(19/2013

To the Commissioner for Trademarks:

MARK: LOCALI (Standard Characters, see mark)The literal element of the mark consists of LOCALI.The mark consists of standard characters, without claim to any particular font, style, size, or color.

States, having an address ofThe applicants, Melissa Adele Rosen, a citizen of United5825 Franklin Avenue

Los Angeles, California 90028United States

Greg Horos, a citizen of UnitedStates,having an address of5825 Franklin Avenue


request registration of the trademark/service mark identiTrademark Officeon the PrincipalRegisterestablishedet seq.), as amended, for the following:

led above in the United States Patent andby the Act of July 5, 1946 (15 U.S.C. Section 1051

International Class catering, restaurant, ta|e-out anddelicatessen services; brick and mortartote bags; salad dressings and marmalades;

; meatless burgers; wraps; burritos; sandwiches;ies; meat, seafood and cheese substitutes; tofu;

and online retail store services; clothing, water bottlesfresh prepared entrees and frozen prepared entrees; saladsvegetable spreads and hummus; bakery products and mi?tabbouleh; pizza; coffee; cookbooks; and dietary supplIntent to Use: The applicant has a bona fide intention toor licensee the mark in commerce on or in connectionU.S.C. Section 1051(b)).

ard

er lents

use or use through the applicant's relatedcompanythe identified goods and/or services. (15with

In International Class , the mark was first used 1y the applicant orthe applicant's related company0,1/00/2009, and first used in commerce at least as

The applicants are submitting one(or more)cjr in connection with any item inthe class ofpjages and menu advertising restaurant/deli

or licensee or predecessor in interest at least as earlyasearly as 01/00/2009, and is now in use in such commercespecimen(s) showing the mark as used in commerce onlistedgoodsand/or services, consisting of a(n) Websiteservices and retail/market store services..

Specimen File 1

Specimen File2

Specimen File3

The applicant's currentAttorney Information:Ju Chang andGeorge Salmas of Salmas LawGroup

Suite 611

1880 Century Park EastLos Angeles, California 90067United States

The applicant's current CorrespondenceInformationJu Chang

Salmas Law Group

Suite 611

1880 Century Park East

Los Angeles, California 90067

310.556.0721 (phone)

[email protected];[email protected] ;[email protected] (not authorized)

with the application, representing payment for 1A fee payment in the amount of $325 hasbeen submittedclass(es).

Declarat ion

The undersigned, beinghereby warnedthat willful falsefine or imprisonment, or both, under 18 U.S.C. Sectionthe like,may jeopardize the validity of the application oiproperly authorized to execute this application on behalfbe the ownerof the trademark/service marksought to beunder 15 U.S.C. Section 1051(b), he/she believes applicrto the best of his/her knowledge and belief no otherto use the mark in commerce, either in the identical formbe likely, when used on or in connection with the goods/or to cause mistake, or to deceive; and that all statementsthat all statements made on information and belief are be

Declaration Signature

Signature: /ju chang/ Date: 06/19/2013Signatory'sName: Ju ChangSignatory's Position: Authorized attorney, California bar |memberSignature: /ju chang/ Date: 06/19/2013Signatory's Name: Ju ChangSignatory's Position: Authorized Attorney, California bar] memberRAM Sale Number: 85964444

RAM Accounting Date: 06/20/2013

Serial Number: 85964444

Internet Transmission Date: Wed Jun 19 16:57:22 EDT 2013

statements and the like so madeare punishable byl|001, and that such willful false statements, and

any resulting registration, declares that he/she isof the applicant; he/she believes the applicant toregistered, or, if the application is beingfilednt to be entitled to use such mark in commerce;n, firm, corporation, or association has therightthereof or in such near resemblance thereto as to

jervices ofsuch other person, tocause confusion,made of his/her own knowledge are true; andieved to be true.

TEAS Stamp: USPTO/BAS-72.211.199.156-2013061977536-85964444-500f3313272a625da2df88380

57cl5cd85eefla438eb67a94bdebfa876blf78-CC-4205-20130619162236131016

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Benjamin

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6/J9/2013l:27P\1

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Copyright © 2012, LocaM Conscious Convenience. All rights reserved.

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teeoll

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(323)466-1360

♦■ Back To Home Page

Full Menu


Soups

Soup of The Day *

Vegan Chili «. * ,


The Southwest

Spinach layered with quinoa, black beans, avocado, bell pepper, tomato, chipotle limedressing

The ScoopMixed greens hoid a scoop of our homemade, gourmet tuna salad, tomatoes, homemadecreamy dill dressing

The Love Bite

Cucumbers dicedtomatoes,chickpeas,quinoa.romaine.spinach, beltpeppers redcabbage slaw, sunflower seeds, maplemustard or creamydill dressing(orbothfortwodifferent salad experiences in one}

The Boss' Ko Kale Salad (Naughty or Nice) *Kalemassaged with olive oil,lemon, sea salt and served. Makeitnaughty- sundnedtomatoes, walnuts, cayenne ornice- cranberries, walnuts, dash ofagave.

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Mixed springgreens, chickpeas, cucumberslices, sunflowerseeds withyourchoiceofdressing,

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S5.39/S10.50

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ViewPrivacy StaterhentBy using our site you agree to qur terms of use

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6/19/2013 1:28 PM

f'D"EXHIBIT B'

PTO Form 1478 {Rev 9/2006)

OMB No. 0651-0009 (Exp U/31/201

Trademark/Service Mark App

Serial Number

Filing Date: 06419/2013

To the Commissioner for Trademarks:

ication, Principal Register

85964591

MARK: LOCALI CONSCIOUS CONVENIENCE

The literal element of the mark consists of LOCALI CONSCIOUSThe mark consists of standard characters, without claim

(Standard Characters, see mark)CONVENIENCE.

to any particular font, style, size, or color.

The applicants, Melissa Adele Rosen, a citizen of Unitec[5825 Franklin Avenue


States, having an address of

Greg Horos, a citizen of UnitedStates, having an addresb of5825 Franklin Avenue


request registration of the trademark/service mark identifiedTrademark Office on thePrincipal Register established t yet seq.), as amended, for the following:

International Class

above in the United States Patent and

the Act of July 5, 1946 (15 U.S.C. Section 1051

: catering, restaurant, tal{:e-out and delicatessen services; brickand mortartote bags; salad dressings and marmalades;

; meatless burgers; wraps; burritos; sandwiches;; meat, seafood and cheese substitutes; tofu;

andand onlineretail store services; clothing, water bottlesfresh prepared entrees and frozen prepared entrees; salad|svegetable spreads and hummus; bakery products and rrtabbouleh; pizza; coffee; cookbooks; and dietary supplementsIntent to Use: The applicant has a bona fide intention toor licensee the mark in commerce on or in connectionU.S.C. Section 1051(b)).

use

with

or use through the applicant's related companythe identified goods and/or services. (15

In International Class , the mark was first used by the applicant or the applicant's related company01/00/2009, and first used in commerce at least as

. The applicants are submitting one(or more)in connection with any item in the class ofand menu advertising restaurant/deli services

or licensee or predecessor in interest at leastas earlyasearly as 01/00/2009, and is now in use in such commerce.specimen(s) showing the mark as used in commerce onlisted goods and/or services, consisting of a(n) web page;and retail/market store services..

Specimen File 1

Specimen File2

Specimen File3

The applicant's current Attorney Information:JuChang and George Salmas ofSalmas Law Group

Suite 611

1880 Century Park EastLos Angeles, California 90067United States

The applicant's current Correspondence Information:Ju Chang

Salmas Law Group

Suite 611

1880 Century Park East

Los Angeles, California 90067

310.556.0721(phone)

[email protected];[email protected]

A fee payment in the amount of $325 has been submittec.class(es).

[email protected] (not authorized)

with the application, representing payment for 1

Declarati on

The undersigned, being hereby warned that willful falsefine or imprisonment, or both, under 18 U.S.C. Sectionthe like, mayjeopardize the validity of the application orproperlyauthorized to execute this application on behalf|ofbe theowner of the trademark/service mark sought to beunder 15 U.S.C. Section 1051(b), he/she believes applto thebestof his/her knowledge andbeliefno other perseto use the mark in commerce, either in the identical formbe likely, when used onorinconnection with the goods/servicesor to cause mistake, or to deceive; and that all statementsthat all statements made on information and belief are be

statements and the like so made are punishable by301, and that such willful false statements, andany resulting registration, declares that he/she is

the applicant; he/she believes the applicant toregistered, or, if the application is being filed

to be entitled to use such mark in commerce;, firm, corporation, or association has the right

thereof or in such near resemblance thereto as toof such other person, to cause confusion,

made of his/her own knowledge are true; andieved to be true.

licant


Signature: /ju chang/ Date: 06/19/2013Signatory'sName: Ju ChangSignatory's Position: Attorney ofrecord, California bar rr|emberSignature: /ju chang/ Date: 06/19/2013Signatory's Name: Ju ChangSignatory's Position: Authorized Attorney, Californiabar memberRAM Sale Number: 85964591



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LOCALI CONSCIOUSCONVENIENCE

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EXHIBITHflt

WHAT IS MAD? SUBSCR

ROY CHOI AND DANIEL

PATTERSON LAUNCH

LOCO'L25 August 2014 • Daniel Patterson

Justafew moments ago, Daniel Patterson and Roy Choi took

to thestage at MAD4 and announced that they will be launc hing

loco'l, a concept that aims to supplantthefast-food chains t<nd

convenience stores thatseparate ouryouthfrom the taste ofreal

food. Thefirst branch will launch on thewest coast in thespring

of2015. Here'sPatterson on afew details. Stay tunedfor more

news on this collaboration and its efforts:

Two years ago I started teaching cooking classes to kids

from an organization in San Francisco called Larkin

Street Youth Services. Larkin Street takes in young

adults who have been living on the streets, and provides

them with food, housing, counseling, and job training.

Many ofthem had subsisted their whole lives onprocessedfood; fewhad ever cooked before. I showed them simpk

tasty dishes from diverse cultural traditions that they could

recreate on their own. Watching the students discover food

cooked with good ingredients was a revelation.

About Us

Ablog celebrating the past,

present and future of all

things food.

Visit us on iTunes 4-Vimeo

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Inspired by that experience, I formed a non-profit

foundationcalled The Cooking Project. Throughaseriesof free classes, wenot onlyteachyoungpeople hlowto cook, but also the value of gathering around the table

Overthe last year we have connected with many other non

profit and social justice organizations, but I knew from the

beginning that no matter how much it grew, the foundation

wouldn't be enough to create widespread change. I nee led

to start a business that could grow quicklyand supplan:

fast-food chains and conveniencestores that separate

youth from the taste of real food. I envisioned a new Wild

fast-food restaurant that served real food in a nice

environment, and which could contribute to the

neighborhood around it in myriad ways. For the same ririce

as corporate chains, we could cook dishes so compelling

and deliciousthat the people whowent there would bej jn

to crave more nutritious food. It was a great concept, but I

had no idea where to start.

Myanswerlay to the south, in LosAngeles, where Royfchoiwas bringing people together from all over the city aroi ind

Kogi—food trucks that served tasty, hard-to-categoriz(:

food. As Kogi'sreputation and success grew, so did Roy

drive to feed more people. He began opening brick and

mortar places that improved their communities, like 3

Worlds Cafe, a fruit andjuice bar in SouthCentral, an a|reaof the city that lacks real, nutritious food.

the

of

cur

Choi at MADS

theLast year at MAD, Roy talked about hunger. About 1

fact that so many people in the U.S. don't have enough 1

eat. About all of the neighborhoods that have no access

real food, despite being close to moreaffluent communities

to

:o

Squid Ink 10 Oct

[fs @LAWeeklyFood

Should Chefs BeAgents of SocialChange? ow.ly/CzdQb

Retweeted by madfeed.co

Expand

that do. The invisible barrier, he called it. Roy spoke

passionately about social responsibility and creating

cultural change, saying that cooks could and should do

more. He challenged the chefs there to use their skills

bring real food to people in need. He said everything I

thinking. After MAD, I called him and told him my idea

to

vas

Together, we are making our vision a reality in the forr 1of

loco'l. The first branch of this new restaurant compan i will

open in San Francisco in spring of 2015, and the seconc in

Los Angeles a few months later. We want you to see the

final product for yourselves when we open, but below

excerpt fromthe raw, stream-of-consciousness missioi^statement that we sent to our designers, to give you an

of what we're planning.

13 an

idea

This would not have happened without MAD, but MAD

itself would not have happened without the evolution cf the

role of a chef in today's society. Long hours and hard work

will always be a requisite for being a good chef. But na\ <*

food is culturally valued in a way that has opened up new

possibilities. High-level chefs have an opportunity to d 3

much more than just cook for the few people who can

afford it. Wecancreate real change, in this caseby buil|dinga better business. As much as thoughtful articles and

speeches andbooksare important in shiftinghowwethink,they are not going to solve the food problems we have; r

our country. Our government certainly won't solve 1

either. We have to act if we want change. If we can opei1

profitable restaurants that are inexpensive and serve

delicious food made with real ingredients; if we bring nlew

options to places that currently lack quality food; if we

with heart; if we create an environment of warmth,

generosity, and caring; and if we value the people with

money just as much as the ones with plenty, we can i

difference.

•n

:ook

ess

aimaice

We will put our decades of cooking experience into the

menu development, but we won't be alone. We will work

with our friends, like Chad Robertson from Tartine, wl 10 is

creating whole-grain, long-fermented buns for us. Our

board of directors will be filled with great chefs who ca 1

contribute their knowledge and guidance, like Rene. W1

hope that loco'l, like MAD, will capture the spirit of our

generation: This is a time of collaboration, cooperatior,

and sharing.

We hope you'll join us.

Peace and love,

Daniel and Roy

loco 7 is the whole idea of local but loco to change. Local

meaningfamilyandcaringfor each other and the world. Lo\co

for not taking theshit that's beingpassed down andperpetrated

on us. It's thispush and pull ofhonesty, love, and revolt.

It's deliciousfood that crosses all cultural boundaries, that

represents what America is now. Tasty, healthful, madefrort)

wholefoods, good ingredients, principles ofsustainability.

Wesee it as a gathering place which everyone can use in a

different way, and whereeveryone canfeel comfortable. We can

create workshops and bring in instructors to use the spaces cts

classroomsfor yoga, meditation, art, wellness. Pay our staff'

good and treat them well. Create a culture ofhospitalityand

caring in everyonewho works there. Work withyoung artists to

create kids toys but also to spread culture through their art.

Really good lighting. Great music.

We will open in upscale malls and next to highways, in

downtowns and trendy neighborhoods. But what will change

everything is that we will also open in the inner city areas where

there are only big corporate chains, places where you will n\versee realfood or high quality operators.

Delicious foodfor everyone. That's the revolution.

mad news daniel patterson roy choi

L»l|£0 ,{357 Tweet 187?

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100 Vintners, 40 Chefs, ; .40 Events, 5Days of ^.

Food, Wine &Fun K^*-'

;*• ^ \v», , FLAVOR!(if NAPA

.'VALLE Y'

OEATER INTERVIEWS CALIFORNIA

November 19-2

BUfTICKil

Roy Choi on Creating a Revolby Hillary DixlerSep 2 2014. 10:35a @hillarydixler 2 COMMENTS

itionary Kind of Fast Food

C©C©J

COCOJ

DON'T MISS STORIES. FOLLOW EATER

Photo: Travis Jensen

X

At thisSummer's MADfood symposium, Calif

Patterson (Coi, SF) and Roy Choi (Kogi, LA)

news that they are going into thefast food business

concept is called Loco'l, and theplan is to servt

cheaply. Patterson reachedout to Choiabout

last Summer's MAD symposium. Now Patterson

open thefirst Loco'l location in San Francisco

plansfor a Los Angeles location andthen world

otma chefs Daniel

dropped the bombshell

together. Their

wholesomefoods

tPfe project shortly afterand Choi hope to

Spring 2015, with

domination tofollow.

in

Eater caught up with Choi after he got back

more about how progress on Loco'l is going,

with Patterson looks like, and what diners can

restaurant from two big name chefs. Choi and

"coming in with any gourmet agenda," says

be Fast Food Plus and that's exactly why the

that we want to make a 99 cent burger." Read

vision for Loco'l:

from MAD to find out

wltat his partnershipelxpect from a fast food

Platterson are not

Ch(pi. "We're not trying to

cornerstone of Loco'l is

3n for more about the

It seemed kind of serendipitous, I guess. As far

speech and then me being about what Daniel wis

Daniel was, but I knew him through other friends

met yet. Then I saw him in Copenhagen and we

into each other at last, but it's kind of like those

know you want to talk to each other but the situations

allow for it.

Congratulations on making the announcement, that's pretty huge.

Thank you.

What was it like when you got the call from Daniel? What was

your first reaction to his proposal?

I don't know, it felt pretty natural. I saw him at MAD last year and

right before I went to MAD, I read an article in the San Francisco

Chronicle about the work he was doing up at thp kitchen with the

Cooking Project.

as me preparing my

doing. I knew who

, but we had never

talked and bumped

meetings where you

don't really

Then I gave my speech, he gave me a big hug after

went our separate ways, and then he called a co

don't know, it was the right time, the right moment

let's do this."

and we kind of

jple months later and I

. It was just, "Yeah,

Can you describe the vision right now for Lojco'l?

The vision is to create a fast food concept vj/ith the heart of a

chef.

The vision is to create a fast food concept that's

with the heart of a chef, so it's a combination of

principles. One is as chefs, we're approaching it

another restaurant. So that's design, function

organizations, sourcing, product, farmers, ingre<^training, all that stuff. Then on the other side of

of what fast food is and what it's become in

important, popular, and powerful. Not trying to

things away. I really believe in the crawl before

things.

So the fact is, we've destroyed our whole eating

destroyed a lot ofwho we are as humans in America

eating. We poisoned basically the last 2 generations

just jump out of that, you know what I mean?

and numbed our whole existence with all the

It's really hard to step back and eat just a regular

delicious, but do it

a lot of different

just like we would

systems, fee and costs,ients, recipes,

it is being very aware

America, and why it's so

hrow all of those

you walk method of

culture and we've

by the way we're

It's really hard to

Basically just sedated

and chemicals ...

piece of fruit.

su£;ar

It would be ignorant and stupid of us to not acknowledgeunderstand all that. The concept is just a small b

by toe to toe is let's use all of the things that fast

start to change each thing little by little, so price

that and

idge. What I meant

food is using, but

point, toys, the menu.

Because we can sit here and blast about fasft food, but the fact

is they're winning.

Making things addictive, but making them addictive

reasons. Finding the flavor is the biggest challenge

in front of ourselves as chefs, is to use all of our

our knowledge to create a flavor that is relative

people. Because we can sit here and blast all

but the fact is they're winning. It is what it is.

people love a Quarter Pounder, people love

Popeye's. People love that. It doesn't help if we'

say, "Don't eat any of that stuff."

for the right

that we're putting

technique and all of

and connects with the

long about fast food,

e love a Big Mac,

and Churches and

re going to just try to

day

P(;opl

KFC

How do you get around that?

Our biggest concept is to not be any different

spots. To not come in with any gourmet agenda

the inside out that we're doing the right thing,

right next to any other fast food joint. This is

is everywhere. We eat some of the worst food i

take you to suburbs here in LA County that are

there ain'tnothing to eat except chain restaurants

the highway, if I take you up to Highway 5

food. It's really just putting it next to these pi

Loco'l sat next to McDonalds, a Burger King, a

Del Taco. So anyone who doesn't know about

see another fast food restaurant.

than

But

net

in

there

laces

any of these other

and just know from

we just want to be

just inner cities, this

our suburbs. I could

affluent suburbs and

If we take trips up

's nothing but fast

So I would love it if

KFC, a Taco Bell, a

who we are, will just

That's the concept, but then when you walk in,

we're going to create it with the design using

furniture and Danish ergonomics in the design

and our culture, and paying our people well,

using great lighting, getting away from fluoresc

materials. The culture that we would set in any

believe that the way

th<; idea of Danish

End just our graphics

playing good music,

snts, using natural

restaurant, the culture

you would set in Coi or A-frame is a culture we

places. So I hope that maybe you didn't even krjowcoming in, but when you come in, and it makes

yourself. That's the initial concept.

will set in these

what Loco'l was

you feel good about

Where are you guys at with the menu?

We put the cart in front of the horse, and we

ourselves. We don't have anything yet. We just

going to open this year. We haven't even got to

know the menu could change at any moment,

put burgers on there, so that's one. We're thinkii^

cross-cultural menu, so we're exploring things

noodle bowls, and rice bowls. Things that go

we would just naturally want to eat in any

going to be just filled with flavor. We're going

cream but made the way we would do it as chefib

beautiful fruit toppings and compotes. But really

burger.

We want to create a burger stand.

kird of challenged

old y'all that we're

work yet. Really, we

we know we got to

g about making it a

falafel, schwarma,

cultures and that

The menu is

have soft-serve ice

with natural,

it's based around the

but

like

across

envir :>nment

t3

We want to just create a burger stand, a fast food

trying to take it back to basics. A lot of these fast

evil before. They started out as wholesome, wor

Somehow along the line as businesses grow, money

change your decisions. Then before you know it

know which way is up anymore. Our philosophj

know which way is up.

Chefs never seem to lose that sense of balance

chefs lose it for a moment with fame and things

never... Chefs are never put in a corner to where

stuff that these places are servingright now. Thalt'

in

chain. We're just

food chains weren't

derful burger stands.

and things start to

sometimes you don't

in this is to always

many ways. Some

like that, but they

they would serve the

's what we're relying

on; even ifwe do get huge and big, and we get

pushes us in a corner and all these investors and

us what to do, I have to believe that as chefs, w$

the point where we would be serving poison to

I have to believe that as chefs, we would netver

point where we would be serving poison to

I don't necessarily blame [fast food companies],

there are some evil intentions here or there, but

maybe they're in the weeds. That's how I look al

McDonald's and Burger King and all these places

weeds and maybe they justneed someone to takleweeds a little bit.

o a point where it

everything are telling

would never get to

people.

get to the

people.

you know maybe

naybe they're lost,

it sometimes. Maybe

they're truly in the

them out of the

We know that the cornerstone of the American

burger and the sandwich and the fried items. We|look at all of that and dissect it and then revisit i

of that is our burger. How do we take that burger

gourmet burger, make it a burger that feels, tastes

sits in your hand just like a Quarter Pounder.

fast food chain is the

're going to take a

t. So the first example

and not make it a

, looks, smells, and

Our idea is using Chad [Robertson] over at Tartilne

bread. I mean this guy makes the best bread in

like, don't make the best bread in America. Makk

and squishy just like the fast food bun. Help us

right, you know let's do a long-fermented dough

in there somehow. So we have that, we're taking

breaking it apart and asking ourselves, How can

point, but challenge the status quo? The burger -

grains and the tofu — is finding a way because

power to get our meat at the same prices that

to help us bake the

America and we're

a bun that is soft

that, but let's use

let's incorporate rice

each element and

we find the price

cutting it with

don't have the

chains do yet.

CO

we

these

Right. What are some other strategies for keejping food costs low

and quality high?

It doesn't have to be all meat. That was kind of vi?hat

was our ah-ha moment with everything ... We ca!n

method, so we have to be creative about it. How

99 cents, and if we can't do it by buying straight

what, let's use grains and tofu and cut things. Le

Daniel and I, that

't use the same

are we going to get it

meat, then you know

's use rice, let's figure

those things out. That's kindof some of the strategy that we're using

I don't want to act like we're the saviors and

inventing the wheel.

we re re-

I don't want to act like we're the saviors and we

wheel. There are people out there doing great food

sector like Shake Shack. Chipotle has been doing

Out. The main thing is even with a lot of those

still not 99 cents and McDonald's is 99 cents. That'

difference in Loco'l is. It's not trying to compete

and Chipotle or other kinds of semi-gourmet fast

re re-inventing the

in the fast food

their thing, In-N-

cjhains, their food is

's really the

with Shake Shack

food chains.

Right, at MAD Daniel called it called it "Fast

Yeah, we're not trying to be Fast Food Plus and

cornerstone of Loco'l is that we want to make a

Food Plus."

that's exactly why the

?9 cent burger.

Daniel has the science and the methodology to

I have the respect and the connection to the peojj>lpeople want to eat because I'm out there doing i1

Can you tell me more about your working relationship with

Daniel?

We're a duo, so it's one guy might do one thing,

another, but ultimately we're one being. We're

everything we're good at without getting into the

help us dissect all that,

e. So I know what

one guy might do

to maximize

politics and ego.

trying

thereI'm a part of a street food revolution, I'm out

cooking with people. I have a lot of bold flavors

to create food that has an identity, you know an

really trusts me to have a cultural finger on the derve

on the streets, I'm

I kind ofknow how

conic voice. He

Daniel is extremely gifted and smart and well-versed

of cooking and the methodology of cooking. Evebn

in the sciences

though I'm a chef

too, it's like, I know he's better at that than I am

superpower into play. He knows that I'm better

concept to someone like you. So let me do all

try to up-play everything we're good at. Buttheijibring it together as one thing. I don't really like

ever get bogged down with the business stufftoj)

believe. I'm kind of a hippy in that way. Daniel

he's looking at those things. We fill in each otheir

So let him bring that

^t explaining the

interviews. We just

at the same time,

o think about, I don't

much. I like to just

mows business and so

's blind spots.

the

Daniel Patterson andRoy Choipresentingat M)4D 4. [Photo: Amy

McKeever/Eater]

And this will be a for-profit company?

It's a for-profit. But the profit is not just money,

answer to that question, for-profit means, for-

It's for-profit for the people who eat this food

themselves. It's for-profit for people to use it as

center. It's for-profit to spark other movements,

money so we can use that money to invest in

you say for-profit, that's a relative term because

[f you want a deep

profit to us as humans,

ana feel good about

&community resource

it's for-profit to make

other operations. When

we trying also to

reduce our profits to make the food affordable.

We want the place to have community workshops

hours, after hours, for you to be able to have free

it as an office if you need to.

It's a business, you know why because a lot of

it's a non-profit is you get stuck in the situation

Much love to all my non-profits out there, you

with a lot of them and I love them to death but

our discipline. That's not our forte as chefs. I

Loco'l waiting for people to give us money. I

business just like a restaurant so that we are

we could do instead ofwaiting for the money to

to be open before

wifi so you can use

tijmes what happens if

<bf raising money,

klnow I'm involved

know that's not

't want to operate

w^nt to operate this as a

thinking about things that

do it.

you

do:i'

BOO

[Screengrab: Official Website]

And you also have a board of directors?

Right now only Rene [Redzepi] is on it. Right mhw

me, and Daniel. We'd love to get [chefs] involved

scientists up there and we'd love to get community

and artists and thinkers and designers ... The board

and stay in tune with our mission.

the board is Rene,

. We'd love to get

leaders and authors

will help us evolve

[open with] a bunch of

mow what, let's do it

a chef. [It's to] build

vsjhy we're going SF,

How is the opening planning going?

We were gonna start big, we were gonna try to

locations at the beginning, but we realized, you

the way we know how to do it right, which is as

one location at a time and do it right. So that's

LA and then out from there.

What stage of development are you guys at

San Francisco and LA locations? Spring 201^

away.

We don't have anything ready yet.

right now with the

is not that far

2a little bit to keep us

done when we're

But we put that

continue to push

that if we didn't do

Again I think we put the cart in front of the hors

motivated. It's amazing what us as chefs can get

under pressure. We don't have anything ready ydt

message out there in the universe so that we could

ourselves to get it done. Because this is a projed

that, it could take a couple years.

Right now since it's out there, we've been on the

talking to people, real estate agents, community

Daniel's right behind, I know what he's doing,

of people in San Francisco. I'm talking to you ri

work.

phone and emails

leaders, investors,

's talking to a bunch

iht now. We're at

he'

Ourgoal is to get it by Spring of'15. If it's Sumijier or early Fall '15,

then it is what it is, but we're going for Spring

This interview has been condensed.

ofl5.

Roy Choi & Daniel Pattersonto Open Fast Foo|d Concept [-E-]

All Roy Choi Coverage on Eater [-E-]

UrllEXHIBIT "E

BREAKING

Roy Choi & Daniel Pattersonby DanielaGalarzaAug 25 2014. 5:15a @superdaniela 1COMMENfT

Chefs Daniel Patterson and Roy Choi on stage at MAD

o Open Fast Food Concept

Photo: Amy McKeever

DON'T MISS STORIES. FOLLOW EATER

At this year's MAD symposium, Los Angeles-based chef Roy

Choi(Kogi, POT, Commissary) and San Franc

Patterson (Coi) announced that were going

together. Their new concept, which is still

named loco'l — which means both local and

location will open in San Francisco in 2015

million," says Patterson — in Los Angeles and

follow.

sco-based Daniel

in1|o the fast food business

undir development, is

cifazy— and the first

Locations — "Like a

across the U.S. will

•gy at "skate parks."

a lot of the recipe

Patterson has already

grain to make it more

s Tartine Bakery has

, whole-grain, and

how you start up a

startf?Fuck it man, you just

samples of his new

Choi says the concept was inspired by the ener

He'll front the operation, while Patterson will

testing and organize back-of-house operations,

developed the burger patty, which was cut with

affordable. Chad Robertson of San Francisco

created a recipe for a burger bun that's nutritioiks

made from 20 percent rice. When he was asked

concept like this, Choi said, "How do you

start." Go check out a photo of Patterson serving

loco'l burgers to MAD attendees:

CO

Yesterday, Roy Choi told ISSF, "We want to

food chains and offer the community a choice

will not exceed a $6 price point, put it at the

fast food chains. ISSF confirms that the food

site at each location and that the food will be "

"seasonal."

gb toe to toe with fast

Menu items at loco'l

saline level as national

will be made by chefs on

vell-sourced" and

All Roy Choi Coverage on Eater [-E-]

All Daniel Patterson Coverage on Eater [-E-]

Chefs Unite in Fast-Food Idea [ISSF]

All MAD Coverage on Eater [-E-]

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i\r>nEXHIBIT

Generated on: This page was generated by TSDR on 2014-10-17 15:09:|12 EDT

Mark: LOCO'L

US Serial Number: 86377931

Register: Principal

Mark Type: Service Mark

Status: Newapplication will be assigned to an examiningattorne'

Status Date: Sep. 09, 2014

Application Filing Date: Aug. 26,2014

approximately 3 months after filing date.

Mark Information

Mark Literal Elements: LOCO'L

Standard Character Claim: Yes. The mark consists of standard characters without cljiim toany particular font style, size, orcolor.

Mark Drawing Type: 4 - STANDARD CHARACTER MARK

Goods and Services

Note: The following symbols indicate that theregistrant/owner hasamended thegoods 'services:

• Brackets [..] indicate deleted goods/services;• Double parenthesis ((..)) identify anygoods/services notclaimed ina i• Asterisks *..* identify additional (new)wording inthe goods/services.

For: Restaurant and cafe services

International Class(es): 043 - Primary Class

Class Status: ACTIVE

Basis: 1(b)

Se ction 15 affidavit of incontestability; and

U.S Class(es): 100, 101

Basis Information (Case Level)

Filed Use: No

Filed ITU: Yes

Filed 44D: No

Filed 44E: No

Filed 66A: No

Filed No Basis: No

Currently Use: No

Currently ITU: Yes

Currently 44D: No

Currently 44E: No

Currently 66A: No

Currently No Basis: No

Amended Use: No

Amended ITU: No

Amended 44D: No

Amended 44E: No

Current Owner(s) Information

Owner Name: Locol, LLC

Owner Address: 6216 Ascot DriveOakland, CALIFORNIA 94611UNITED STATES

LegalEntityType: LIMITED LIABILITY COMPANY ^tate or Country Where CALIFORNIAOrganized:

Attorney/Corresponc ence Information

Attorney of Record

Attorney Name: Alexandra Foote

Attorney Primary Email [email protected]:

Attorney Email YesAuthorized:

Correspo ident

Correspondent ALEXANDRA FOOTEName/Address: LAW OFFICE OF ALEXANDRA L. FOOTE, P.C.

6216 ASCOT DROAKLAND, CALIFORNIA 94611-2529UNITED STATES

Correspondent e-mail: [email protected] Correspondent e-mail YesAuthorized:

Loco'l

Date

Sep. 09, 2014

Aug. 29, 2014

Domestic Representat ive - Not Found

Prosecution History

Description

NEWAPPLICATION OFFICE SUPPLIED DATlA ENTERED IN TRAM

NEW APPLICATION ENTERED IN TRAM

TM Staff and Location Information

on - NoneTM Staff Informat

File Locat on

Current Location: NEW APPLICATION PROCESSING Date in Location: Sep. 09,2014

ProceedingNumber

PTO Foim 1476 (Rsv 9/2006}

OMB No. 0651-0009 (Exp 12/31/2014!



Filing Date: 08/:56/2014

The table below presents the data as entered.

Input Field

SERIAL NUMBER

MARK INFORMATION

*MARK

STANDARD CHARACTERS

USPTO-GENERATED IMAGE

LITERAL ELEMENT

MARK STATEMENT

REGISTER

APPLICANT INFORMATION

*OWNER OF MARK

*STREET

*CITY

♦STATE

(Required for U.S. applicants)

♦COUNTRY

j *ZIIVPOSTAL CODEj(Required for U.S. applicants only)

LEGAL ENTITY INFORMATION

TYPE

STATE/COUNTRY WHERE LEGALLY

ORGANIZED

Entered

86377931

Loco'l

YES

YES

Lo :o'l

Th i mark consists of standard characters,wii hout claim to any particular font, style,

11, or color.siz;

Principal

Locol, LLC

6216 Ascot Drive

Oa eland

Cal ifornia

United States

94(11

limited liability company

California

GOODS AND/OR SERVICES AND BASIS INFORMATION

INTERNATIONAL CLASS 042

♦IDENTIFICATION

FILING BASIS

ATTORNEY INFORMATION

NAME

FIRM NAME

STREET

CITY

STATE

COUNTRY

ZIP/POSTAL CODE

EMAIL ADDRESS

Re staurant and cafe services

SI CTION 1(b)

Alexandra Foote

Ls w Office of Alexandra L. Foote, P.C.

6216 Ascot Drive

Oakland

California

United States

94611

[email protected]

AUTHORIZED TO COMMUNICATE VIA EMAIL Yes

CORRESPONDENCE INFORMATION

NAME

FntMNAME

STREET

CITY

STATE

COUNTRY

ZIP/POSTAL CODE

EMAIL ADDRESS

A exandra Foote

L< w Office of Alexandra L. Foote, P.C.

6116 Ascot Drive

Oakland

California

Uiited States

9^611

all ^xandra@ afootelaw.com

AUTHORIZED TO COMMUNICATE VIA EMAIL Y JS

FEE INFORMATION

NUMBER OF CLASSES

FEE PER CLASS

♦TOTALFEE DUE

*TOTAL FEE PAH)

SIGNATURE INFORMATION

SIGNATURE /Ijaniel Patterson/

SIGNATORY'S NAME D miel Patterson

SIGNATORY'S POSITION Managing Member

DATE SIGNED 08/26/2014

PTO Foim 1478 (Rev a/2006)

OMB No 0651-0009 {Exp 12/;



Filing Date: 08/^6/2014To the Commissioner for Trademarks:

MARK: Loco'l (Standard Characters, see mark)The literal element of the mark consists of Loco'l.

The markconsistsof standardcharacters, withoutclaim b any particularfont, style, size, or color.

Theapplicant, Locol, LLC, a limited liability company 1Jgally organized under the laws of California,having an address of

6216 Ascot Drive

Oakland, California 94611United States

requestsregistration of the trademark/service mark iTrademark Office on the Principal Register establishedet seq.), as amended, for the following:

byidentified above in the United States Patent and

the Act of July 5, 1946 (15 U.S.C. Section 1051

For specific filing basis information for each item, yoa must view the display within the Input Table.International Class 043: Restaurant and cafe services

Intent to Use: The applicant has a bona fide intention toor licensee the mark in commerce on or in connection

U.S.C. Section 1051(b)).

use or use through the applicant's related companythe identified goods and/or services. (15with

The applicant's current Attorney Information:Alexandra Foote of Law Office of Alexandra L. Foojte, P.C.6216 Ascot Drive

Oakland, California 94611

United States

The applicant'scurrent CorrespondenceInformation:

Alexandra Foote

Law Office of Alexandra L. Foote, P.C.

6216 Ascot Drive

Oakland, California 94611

alexandra® afootelaw.com (authorized)

A fee payment in the amount of $325 has been submitted with theapplication, representing payment for 1class(es).

Declarati on

pplication under 15 U.S.C. Section 1051(a), theThe signatory believes that: if the applicant is filing theapplicant is the owner of the trademark/service mark sought toberegistered; the applicant ortheapplicant's related company orlicensee is using the mark incommerce on or in connection with thegoods/services inthe application, and such use by the ap Dlicant's related company orlicensee inures to thebenefit of the applicant; the specimen(s) shows the mark as used onor inconnection with thegoods/services inthe application; and/or if the applicant filed anapplication under 15 U.S.C. Section1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use themark in commerce;the applicant has a bona fide intention to use oruse through the applicant's related company or licensee themark in commerce on or in connection with the goods/services in the application. The signatory believesthat to the best of the signatory's knowledge and belief, i o other person has the right to use the mark incommerce, either in the identical form or in such near re: semblance as to be likely, whenused on or inconnection with the goods/services of such other person, tocause confusion ormistake, or to deceive. Thesignatory being warned that willful false statements and the like are punishable by fine orimprisonment,or both, under 18 U.S.C. Section 1001, and that such willful false statements andthe like may jeopardizethe validity ofthe application orany registration resulting therefrom, declares that all statements made ofhis/her own knowledge are true and all statements made on information and belief are believed tobe true.


Signature: /Daniel Patterson/ Date: 08/26/2014Signatory's Name: Daniel PattersonSignatory's Position: Managing MemberRAM Sale Number: 86377931



Internet Transmission Date: Tue Aug 2623:20:04 EDT fe014TEAS Stamp: USPTO/BAS-50.188.182.194-20140826332004932631-8637793 l-500bl6f521a0bb2ab9da6fbb5

ff2181c6825a0f5c456bbec3f542373f3f814-CC

-11368-20140825184329227117

EXHIBITi/|_|M

H'

flJO I) I

ATTORNEYS AT LAW

®

September 6, 2014

Locol, LLCc/o Agent for Service of ProcessAlexandra Foote, Esq.6216 Ascot Drive

Oakland CA 94611

Re: Infringement of Locali trademark

Dear Madams and Sirs:

Our firm reprsents Gregory Horos and Melissa Rose i"Locali" in Southern California. Our clients have

business in Southern California for more than six

hard earned reputation for healthy, quality food at aonline consumer driven rating services (Yelp, etc.)such as Zagat.

Representing the Food and Beverage

Industries Tit rough on t the World

1880 Century Park East, Suite 611

Los Angeles, California 90067Telephone: (3 10) 556-0721

Facsimile: (3 10) 788-8923

www.TheFoodLawyers.com

Via: Federal Express

who operate two restaurants namedusing their Locali brand in the restaurant

years during which time they have acquired areasonable price as is affirmed in various

apd professional restaurant ratings companies

bceni

On June 19, 2013, our firm filed on behalf of our clidntsapplication for the mark Locali for catering, restaurant,delicatessen services. That application was publishedGazette on June 24, 2014 and the opposition periodFor these reasons in this correspondence, I will treatregistered brand with an effective rights date of June

We are aware that Locol, LLC filed a federal trademark2014 for the brand "Loco'l" for restaurant and cafe

under 15 U.S.C. 1051(b) is an admission under pena!"Loco'l" brand in commerce. We have conducted internet

currently intend to open their first "Loco'l" locationlocation in Los Angeles sometime thereafter.

As a result of the foregoing facts, our clients have cofnmonnationwide rights under their federal trademark regienforceable rights in the Loco'l brand because youindustry.

It is self evident that "Loco'l" is confusingly similarand by this correspondence we are asking you to confirmnew name for your enterprise that is not confusingly

a federal trademark registrationtake-out restaurant services and

for opposition in the Trademark Officialclosed without any opposition being filed."Locali" as being our clients' federally19,2013.

registration application on August 26,services. Your application having been filed

ty ofperjury that you have never used theresearch that reveals your principals

in San Francisco in 2015 and a second

law rights in their Locali brand andistration. By contrast, Locol, LLC has nohave never used it in the restaurant or cafe

with "Locali" for restaurant type servicesto us in writing that you will choose a

similar with our clients' Locali trademark.

In addition to the fact that you have notice of our clilentsour 2013 federal trademark registration filing, our researchprincipals, Mr. Roy Choi, has publically acknowled"following" Locali on Twitter. Please see the attachedresearch indicates that Mr. Choi has been a Locali 1 itter

certainly before your filing of the Loco'l registratiorthat Locol, LLC's infringement of the Locali brandtrademark application is a fraud on the trademark officestatement under oath that:

' rights in the Locali brand as a result ofhas revealed that one of your

ed our clients' use of the Locali brand byscreen shot that documents this. Our

follower for several months —

application August26th. This suggest to uss willful. Furthermore, the filing of your

because the application includes the

That the applicant believes it is themark is in use in commerce; that toknowledge and belief, no other perso^iin commerce, either in the identicalresemblance as to be likely, when appliedof the other person, to cause confusion

owner of the mark; that thebest of the declarant's

has the right to use the markor in such near

to the goods or servicesor mistake, or to deceive;

tie

form

We believe that Locol, LLC could not have truthfullyprincipals was aware of the existence of our clients'

made the above statement when one of itsLocali brand's use.

We do not want to impede your ability to engage inconclude this matter in a way that is the most economicalany action in this case if Locol, LLC (a) representsproposed "Loco'l" brand, (b) agrees to not use any b|randfiles a notice of abandonment of its "Loco'l" federal

will, of course, file an opposition to the "Loco'l" fedleralamicably.

ihe restaurant business and we are willing tofor you. We agree to suspend taking

us in writing that it will abandon theconfusingly similar to Locali and (3)

trademark registration application. Weregistration if this matter is not resolved

We ask that you respond to this letter by Septemberdate, we will do what is necessary to preserve our

Let me say that until this case is resolved, Locol, LLemployees, attorneys, accountants and other personsshould not destroy any files or delete any e-mailselectronic tablets. This specifically includes, but isPatterson and Chad Robertson. If this matter is not r

taking civil discovery from all of these people, and othershereinabove.

5th. If we donot hear from youby thatclilents' rights in the Locali brand.

and all of its principals, agents,under its control are on notice that they

their computer systems, phones orlimited to, Messrs. Roy Choi, Daniel

^solved in a cooperative manner, we will berespecting the infringement discussed

from

rot

Sincerely,

®

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UNITED STATES DISTRICT COURT, CENTRAL DISTRICTOF CALIFORNIACIVIL COVER SHEET

I.(a) PLAINTIFFS ( Check box if you are representing yourself F~]

GREG HOROS, an individual, and MELISSA ADELE ROSEN, an individual

(b) County ofResidence ofFirst Listed Plaintiff Los Angeles(EXCEPTIN U.S. PLAINTIFF CASES)

(c) Attorneys[Firm Name, Address and Telephone Number) If youarerepresentingyourself, providethe same information.LAWOFFICES OF GERARD FOX, INC.Gerard P.Fox(SBN #151649),Lauren M.Greene (SBN #271397)1880CenturyPartEast, Suite815,Los Angeles, CA 90067Tel: (310) 441-0500, Fax: (310) 441-4447

II. BASIS OF JURISDICTION (Placean Xin one box only.)

I 11. U.S. Government

Plaintiff

j I2. U.S. GovernmentDefendant

[X] 3.Federal Question (U.S.Government Not a Party)

I 14.Diversity (Indicate Citizenshipof Parties in Item III)

DEI ENDANTS (Check box if you an

LOCpL, LLC, a California limited liability company,PATTERSON, an individual, and DOES 1-10, inclusive

Coiinty of Residence of First Listed Defendant Alameda(INL S.PLAINTIFF CASES ONLY)

Attorneys {Firm Name, Address and Telephone Number) If you arerepresenting yourself,provide the same information.

III. CITIZENSHIP OF PRINCIPAL PARTIES-For DiversityCases Only(Placepn Xinone boxforplaintiff and one fordefendant)

CitizenofThsState S- ifl 5SSS*KSf"^ ° «W*Citizen of Arjother State • 2 [J 2 Incorporated and Principal Place D 5 D 5

of Business in Another State

Citizen or Subject ofa Foreign Nation D 6 D 6Foreign Couptry I—I •—•

IV. ORIGIN (Place an X in one box only.)1.Original

Proceeding

I—I 2.Removed fromI—I State Court •

3. Remanded from

Appellate Court •4. Reinstated or

Reopened •6. Multi-

5.Transferred from Another 1—1 DistrictDistrict (Specify) I—I Litigation

V. REQUESTED IN COMPLAINT: JURY DEMAND: [x] Yes • No

CLASS ACTION under F.R.Cv.P. 23: QYes [x] No Q

(£heck"Yes" only if demanded in complaint.)

MONEY DEMANDED IN COMPLAINT: $

VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which youare filing and writePlaintiffs allege Defendants' engaged intrademark infringement inviolation of15U.S.C. §5California BUS. &PROF. CODE §17200and CAL. BUS. &PROF. CODE § 14330,additionally~

a briefstatement of cause. Do not cite jurisdiaional statutes unless diversity.)1114 AND 1125(a), 15 U.S.C. § 1125(c), 15 U.S.C. § 1125(a) and violationof

Plaintiffs seek Declaratory Judgment under 28 U.S.C. §§ 2201 and 2202.

VII. NATURE OF SUIT (Place an Xin one box only).

OTHER STATUTES

[J 375 False Claims Acti—I 400 StateI—I Reapportionment• 410 Antitrust

• 430 Banks and Banking

• 450 Commerce/ICCRates/Etc.

fj 460 Deportation

,—I 470 Racketeer Infiu-I—I enced &Corrupt Org.

fj 480 Consumer Credit

• 490 Cable/SatTV

r-1 850 Securities/Com-I—I modities/Exchanger-1 890 Other Statutoryl—l Actions

fj 891 Agricultural Acts

• 893 EnvironmentalMatters

r-i 895 Freedom of Info.L-J Act

• 896 Arbitration

899 Admin. Proceduresfj Act/Review ofAppeal of

Agency Decision

r-1 950 Constitutionality ofI—I State Statutes

FOR OFFICE USE ONLY:

CV-71 (06/14)

CONTRACT

f_J 110Insurance

• 120Marine

[J 130Miller Act

r-, 140 NegotiableI—I Instrument

150 Recovery ofI—I Overpayments— Enforcement of

Judgment

• 151 Medicare Act

152 Recovery of• DefaultedStudent

Loan (Excl. Vet.)

153 Recovery of| | Overpayment of

Vet. Benefits

i—i 160 Stockholders'LJ Suits

|—] 190OtherL-' Contract

,—I 195Contractl—l Product Liability[3 196Franchise

REAL PROPERTY

pj 210LandCondemnation

fj 220 Foreclosure

230 Rent Lease &• Ejectment

REAL PROPERTY CONT.

• 240Tortsto Land

r~| 245TortProductLiability

rj 290 All Other RealProperty

TORTS

PERSONAL INJURY

• 310 Airplane• 315 Airplane

Product Liabilityr-, 320 Assault, Libel &LJ Slander(—i 330Fed. Employers'I—I Liability• 340Marine•—] 345Marine Product1—1 Liability• 350 MotorVehicle

355 Motor VehicleProduct Liability

360 Other PersonalInjury362 Personal Injury-Med Malpratice

365 Personal Injury-Product Liability

367 Health Care/PharmaceuticalPersonal InjuryProduct Liability368 Asbestos

l_l Personal Injury

•

•

•

•

•

•

IMA IIGRATION

4621 NaturalizationAppl ication

n 4651—• ImmOthergration Actions

TORTS

PERSONAL PROPERTY

• 370OtherFraud

• 371 truth inLending

380 3ther PersonalProp erty Damage

3851 'roperty DamageProquct Liability

BA JKRUPTCY

n 422LJ use

n 423L-i use

\ppeal 28158

Withdrawal 28157

CIVIL RIGHTS

Dther Civil Rights

/oting

mploymentHousing/

• 440

• 441

• 442

D443

•

Acct mmodations

445 \mericanwith| | Disa Dilities-

Employment446 \merican withDisa Dilities-Other

Case Number:^

Personal Injury r] 44;Prodi [aIiabJIitv J*r Q

Education

CIVIL COVER 5HEET

PRISONER PETITIONS

Habeas Corpus:

fj 463Alien Detaineer—1 510 Motions to VacateI—1 Sentence• 530General• 535 Death Penalty

Other:

[J 540 Mandamus/Other

• 550Civil RightsI—I 555 Prison Condition

560 Civil Detainee• Conditions of

ConfinementFORFEITURE/PENALTY

625 Drug RelatedU Seizure ofProperty 21

USC 881

• 690Other

LABOR

710 Fair Labor StandardsAct

720 Labor/Mgmt.Relations

740 Railway Labor Act

751 Family and MedicalLeave Act

790 Other LaborLitigation791 Employee Ret. Inc.Security Act

PROPERTY RIGHTS

820 Copyrights

830 Patent

840 Trademark

SOCIAL SECURITY

Z]

[J 861 HIA(1395ff)

• 862 Black Lung (923)

[J 863DIWC/DIWW (405 (g))

• 864SSID TitleXVI

• 865 RSI (405 (g))

FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff orDefendant)

871 IRS-Third Party 26 USC7609

Page 1 of 3

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIACIVIL COVER SHEET

VIII. VENUE: Your answers to the questionsbelowwill determinethe division oftheto change, in accordance with the Court's General Orders, upon review by the Court of you

Court to which this case will be initially assigned. Thisinitialassignment is subjectComplaint or Notice of Removal.

QUESTION A: Was this case removed

from state court?

• Yes [x] No

If"no, "skip to Question B. If"yes," check thebox to the right that applies, enter thecorresponding division in response toQuestion E, below, and continue from there.

STATE CASE WAS PENDING If- THE COUNTY OF: INITIAL DIVISION IN CACD IS:

f_J Los Angeles, Ventura, Santa Barbara, or: ian Luis Obispo Western

Q Orange Southern

| | Riversideor San Bernardino Eastern

QUESTION B: Is the United States, orone of its agencies or employees, aPLAINTIFF in this action?

• Yes [x] No

B.I. Do 50% or more of the defendants who

the district reside in Orange Co.?

check one ofthe boxes to the right ""J

reside in YES. Your case will initially be assigned to the Southern Division.| | Enter "Southern" in response to Question E, below, and continue

from there.

If"no," skip to Question C. If"yes," answerQuestion B.I, at right.

B.2. Do 50% or more of the defendants who reside in

the district reside in Riverside and/or San Ber nardino

Counties? (Consider the two counties togetr er.)

check oneoftheboxes totheright fc

fj] NO. Continue to Question B.2.

YES. Your case will initially be assigned to the Eastern Division.| | Enter "Eastern" in response to Question E, below, and continue

from there.

NO. Your case will initially be assigned to the Western Division,fj Enter "Western" in responseto QuestionE, below, and continue

from there.

QUESTION C: Is the United States, or

one of its agencies or employees, aDEFENDANT in this action?

• Yes [x] No

C.I. Do 50% or more of the plaintiffs who rejide in thedistrict reside in Orange Co.?

check one ofthe boxes tothe right mm^

YES. Your case will initially be assigned to the Southern Division.| | Enter "Southern" in response to Question E, below, and continue

from there.

If"no," skip to Question D. If"yes,"answerQuestion C.I, at right.

C.2. Do 50% or more of the plaintiffs who reiide in thedistrict reside in Riverside and/or San Bernarc ino

Counties? (Consider the two counties togetr e

check one ofthe boxes tothe right ^^

| | NO. Continue to Question C.2.

YES. Your case will initially be assigned to the Eastern Division.| | Enter "Eastern" in response to Question E, below, and continue

from there.

NO. Your case will initially be assigned to the Western Division.| | Enter "Western" in response to Question E, below, and continue

from there.

QUESTION D: Location of plaintiffs and defendants?Orange County

B.

Riverside or San

Bernardino CountyLosAngeles, Ventura,Santa Barbara, or SanLuisObispo County

Indicate the location(s) in which 50% or more of plaintiffs who reside in thisdistrictreside. (Check up to two boxes, or leave blank if none of these choices apply.)

Indicate the location(s) in which 50% or more of defendants who reside in thisdistrict reside. (Check up to two boxes, or leave blank if none of these choicesapply.)

D.I. Is there at least one answer in Column A?

• Yes [X] No

If"yes," your case will initially be assigned to the

SOUTHERN DIVISION.

Enter "Southern" in response to Question E, below, and continue from there.

If"no," go to question D2 to the right. ^^^

QUESTION E: Initial Division?

Enter the initial division determined by Question A, B,C,or D above:

QUESTION F: Northern Counties?

• • m

• • m

D.2. Is there at least one answer in Column B?

• Yes [X] No

If"yes," your case will initially be assigned to the

EASTERN DIVISION.

Enter "Eastern" in response to Question E, below.

If"no," your case will be assigned to the WESTERN DIVISION.

Enter "Western" in response to Question E,below.

INITIAL DIVISION IN CACD

WESTERN

Do 50% or more of plaintiffs or defendants in this district reside in Ventura, Santa Barbara, orSan Luis Obispo counties? Q Yes [x] No

CV-71 (06/14) CIVIL COVER SHEET Page 2 of 3

UNITED STATES DISTRICTCOURT, CENTRAL DISTRICT OF CALIFORNIACIVIL COVER!SHEET

IX(a). IDENTICAL CASES: Has thisaction been previously filed inthis court?

Ifyes, list case number(s):

IX(b). RELATED CASES: Is this case related (as defined below) to any cases previously filed in this court?

Ifyes, list case number(s):

Civil cases are related when they:

• A. Arise from the same orclosely related transactions, happening,

• B. Call for determination ofthe same orsubstantially related ors

• C. For other reasons would entail substantial duplication of labo

Check all boxes that apply. That cases may involve the same patent, [trademark, or copyright is not, in itself, sufficient to deem casesrelated.

i, or event;

milar questions of law and fact; or

ifheard by different judges.

[X] NO • YES

NO • YES

X. SIGNATURE OF ATTORNEY

(OR SELF-REPRESENTED LITIGANT): /s/Gerard P.Fox DATE: 10/17/2014

Noticeto Counsel/Parties: Thesubmission of thisCivil Cover Sheet isrequiredneither replacesnor supplements the filing and serviceof pleadings or othermore detailed instructions, see separate instruction sheet (CV-071 A).

by Local Rule 3-1. This Form CV-71 and the information contained hereinpapers as required by law, except as provided by local rules ofcourt. For

Key to Statistical codes relating to SocialSecurity Cases:

Nature of Suit Code Abbreviation

861 HIA

Substantive Statement of Cau >eof Action

All claimsfor health insurancebenefits (Medicare)include claims by hospitals, skilled nursing(42U.S.C. 1935FF(b))

862 BL

863 DIWC

863 DIWW

864 SSID

865 RSI

CV-71 (06/14)

under Title 18, Part A,of the SocialSecurity Act,as amended. Also,Facilities, etc.,forcertification as providers ofservices underthe program.

All claims for "BlackLung" benefits under T923)

tie 4, Part B, of the Federal CoalMineHealth and SafetyActof 1969.(30 U.S.C.

All claimsfiledby insured workersfor disabilityall claims filed for child's insurance benefits

insurancebenefits under Title2 of the Social SecurityAct, as amended; plusbased on disability. (42 U.S.C. 405 (g))

All claims filed for widows or widowers iamended. (42 U.S.C. 405 (g))

insi raneebenefitsbased on disability underTitle2 of the Social Security Act, as

All claims for supplemental security incom* payments based upon disability filed under Title 16oftheSocial Security Act, asamended.

All claimsfor retirement (oldage) and survii/ors benefits under Title2 of the SocialSecurityAct,as amended(42 U.S.C. 405 (g)) r

CIVIL COVER Sri EET Page 3 of3

horos v. local - locali trademark.pdf

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