Horos v. Local - Locali Trademark PDF

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LAW OFFICES OF GERARD FOX, INC.
Gerard P. Fox (SBN #151649)
gfox@gpfoxlaw.com
Lauren M. Greene (SBN #271397)
lgreene@gpfoxlaw.com
1880 Century Park East, Suite 815
Los Angeles, CA 90067
Tel: (310) 441-0500
Fax:(310)441-4447
Attorneys for Plaintiffs Greg Horos
and Melissa Adele Rosen
iimi
nrnr
CLERK, U S. DISTRICT COURT
CEN1
BY
OCT I 7 2014
JTbisTWC" ?p CtUT^Nia,
Dli"\JVY
UNITED STATES DISTRICT COURT
FORTHE CENTRAL DISTI JCT OF CALIFORNIA
CV14 -08065-^nAl^c
GREG HOROS, an individual, and
MELISSA ADELE ROSEN, an
individual
Plaintiffs;
LOCOL, LLC, a California limited
liability company, ROY CHOI, an
individual, DANIEL PATTERSON,
an individual, and DOES 1-10,
inclusive,
Defendants.
Case No.
C OMPLAINT FOR:
(].) FEDERAL TRADEMARK
INFRINGEMENT 15 U.S.C.
1114 AND 1125(a)
(1) FEDERAL TRADEMARK
DILUTION UNDER 15 U.S.C.
1125(c)
(i) FEDERAL UNFAIR
COMPETITION UNDER 15
U.S.C. 1125(a)
(4) COMMON LAW TRADEMARK
INFRINGEMENT
(5,) VIOLATION OF CAL. BUS. &
PROF. CODE 17200 et seq.
(&) INJURY TO BUSINESS
REPUTATION AND DILUTION
UNDER CAL. BUS. & PROF.
CODE 14330
Of) DECLARATORY JUDGMENT
JURY TRIAL DEMANDED
T
F'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 of vegetarian, vegan
and otherwise nutritious eating has exploded. The founders ofthe Locali
restaurant chain established their name, marjk, and restaurant and have had them in
place 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 name
represents. 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 holda 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 their copycat restaurants, including names
more in linewiththe verydifferent brand of restaurants they have opened, they
chose to copy the core of Plaintiffs' markanI go bythe name "Loco'l." Theywill
be selling the same food for roughly the sam prices, inthe 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
tht
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 of Locol
of Locol, 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 of Locol, 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 andhappenings 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 of California 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 of LA'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 of LOCALI
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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LOCALI
26. 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
of Plaintiffs' 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 CONSCIOUS
CONVENIENCE
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 of Locol, 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 anysubstantially 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:
LOCALI
Defendants' "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
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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
consistingof, 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
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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 the
unauthorized use in interstate commerce of
relevant times Defendants were aware of Pldntiffs' 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; of Defendants' wrongful actions,
Plaintiffs are likely to suffer, have suffered, uid will continue to suffer dilution of
their LOCALI mark andtheir goodwill. Plai itiffs have no adequate remedy at law
andare thus entitled to an injunction restraining Defendants, their officers, agents,
employees andall persons acting in concert withDefendants, from engaging in
further acts of dilution. If Defendants are no1 preliminarily and permanently
enjoined, Defendants will continueto use marks confusinglysimilar 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 meaningof
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
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 of Plaintiffs' 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
of Plaintiffs' 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 of Plaintiffs'
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 andwiththe 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,
înd 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 of Plaintiffs 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' LOCALI confusingly
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|rmthat 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
of defendants' 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 andintended 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, 2014
LAW OFFICES OF GERARD FOX, INC.
By: /Sf Gerard P. Fox
GerirdP. Fox
Lauren M. Greene
Attorneys for Plaintiffs
GREG HOROS AND MELISSA
ADELE ROSEN
20-
COMPLAINT
EXHIBIT
i'A"
PTO Form 1478 (Rev 9/2006)
OMBNo. 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 of
The applicants, Melissa Adele Rosen, a citizen of United
5825 Franklin Avenue
Los Angeles, California 90028
United States
GregHoros, a citizenof UnitedStates, havingan address of
United States
request registration of the trademark/service mark identi
Trademark Officeon the Principal Register established
et seq.), as amended, for the following:
led above in the United States Patent and
by the Act of July 5, 1946 (15 U.S.C. Section 1051
International Class
catering, restaurant, ta|e-out anddelicatessen services; brick and mortar
tote bags; salad dressings and marmalades;
; meatless burgers; wraps; burritos; sandwiches;
ies; meat, seafood and cheese substitutes; tofu;
and onlineretail store services; clothing, water bottles
fresh prepared entrees and frozen prepared entrees; salads
vegetable spreads and hummus; bakery products and mi?
tabbouleh; pizza; coffee; cookbooks; anddietary suppl
Intent to Use: The applicant has a bona fide intention to
or licensee the mark in commerce on or in connection
U.S.C. Section 1051(b)).
ard
er lents
use or use through the applicant's relatedcompany
the identified goods and/or services. (15 with
In International Class
, the mark was first used 1ythe applicant orthe applicant's related company
0,1/00/2009, and first used in commerce at least as
The applicants are submitting one(or more)
cjr in connection with any item inthe class of
pjages and menu advertising restaurant/deli
or licensee or predecessor in interest at least as earlyas
early as 01/00/2009, and is now in use in such commerce
specimen(s) showing the mark as used in commerce on
listedgoods and/or services, consisting of a(n) Website
services and retail/market store services..
Specimen File 1
Specimen File2
Specimen File3
The applicant's current Attorney Information:
Ju Chang andGeorge Salmas of Salmas LawGroup
Suite 611
1880 Century Park East
United States
The applicant's current CorrespondenceInformation
Ju Chang
Salmas Law Group
Suite 611
310.556.0721 (phone)
jchang@salmas-law.com;gsalmas@salmas-law.coiri
;gportela@salmas-law.com (not authorized)
withtheapplication, representing payment for 1
Afee payment inthe amount of $325 hasbeen submitted
class(es).
Declarat ion
The undersigned, beingherebywarnedthat willful false
fine or imprisonment, or both, under 18 U.S.C. Section
the like, may jeopardize the validity of the application oi
properly authorized to execute this applicationon behalf
be the ownerof the trademark/service marksought to be
under 15 U.S.C. Section 1051(b), he/she believes applicr
to the best of his/her knowledge and belief no other
to use the mark in commerce, either in the identical form
be likely, when used on or in connection with thegoods/
or to cause mistake, or to deceive; and that all statements
that all statements made on information and belief are be
Declaration Signature
Signature: /ju chang/ Date: 06/19/2013
Signatory'sName: Ju Chang
Signatory's Position: Authorized attorney, California bar |member
Signatory's Name: Ju Chang
Signatory's Position: Authorized Attorney, California bar] member
RAM 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 by
l|001, and that such willful false statements, and
any resulting registration, declares that he/she is
of the applicant; he/shebelieves the applicant to
registered, or, if the application is beingfiled
nt to be entitled to use such mark in commerce;
n, firm, corporation, or association has theright
thereof or in such near resemblance thereto as to
jervices of such other person, tocause confusion,
made of his/her own knowledge are true; and
ieved to be true.
TEAS Stamp: USPTO/BAS-72.211.199.156-20130619
77536-85964444-500f3313272a625da2df88380
57cl5cd85eefla438eb67a94bdebfa876blf78-C
C-4205-20130619162236131016
657229
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6/19/2013 1:27 PM
locali - menu
Copyright 2012, Locali ConsciousConvenience. All rights reserved.
the reuben
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6/19/20131:27 PM
Locali I Order Online
hctpy/eac24hrs.cora/restaurants/order/menu.php?id-21440
lot'4
Full Menu
Locali
S825 Franklin Ave. 90028
(323) 466-1360
- Back To Home Page
Menu Hours: 11:00 AM to 3:00 PM and 5:00 PM to 9:00 PM
Soups
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The Boss' Ko Kale Salad (Naughty or Nice) *
Kale massaged with olive oil, lemon, sea salt and served Make it naughty - sundned
tomatoes, walnuts, cayenne or nice - cranberries, walnuts, dash of agave.
Side Saddle Salad
Mixed spring greens, chickpeas, cucumber slices, sunflower seeds with your choice of
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Hot Panini
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S10 99
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The Reuben ^
Locaiis internationally renowned award winning, top seller! marinated tofu deli slices,
swiss cheese or vegan cheese, sauerkraut, smothered with delectable homemade vegan
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SI.99/SI0.50
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Tastethe one that startedit all!Turkey, montereyjack, spinach, tomato,red onion
slathered with our chipotle sauce on French sandwich bread.
The Wayward Pilgrim
Asweet and savory reminder of the holiday season. Turkey, Swiss, crushed walnuts,
spinach, red onion, raspberry jam, dijon mustard on six-grain
S! 99/S10.50
view Privacy S
8y using our site you agree to our terms of use
Item
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Subtotal: SO.0O
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Total: $5.00
PICKUP if DELIVERY S
Delivery Minimum, S20 (Before tax)
No minimum on Pickup orders
Cart s donft toflowmej
6/19/20131:28 PM
LOCALI
locali menu
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and,a Pelicious Seleetiaij- 'of.; foul -Satisfying' feedstuff made with
".''... 7;;.' '/ Oânic Ir)gfiîeirts and ShoÛs^.'.tOVfl'.'i'.'' '
localisfas
subscribe
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meaning.
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@locali
Delfvery
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ORDFRS
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$20.00
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htrp://t.CO
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6/J9/2013l:27P\1
locali - menu
Copyright 2012, LocaM Conscious Convenience. All rights reserved.
the reuben
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about 5
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6/19/20131:27 PM
Locali [ Order Online
httpy.'eac24hrs.conv'restaurant&'order/menu.php?id'21440
lof4
teeoll
Locali
S825 Franklin Ave, 90028
(323)466-1360
Back To Home Page
Full Menu
Menu Hours: 11:00 AM to 3:00 PM and 5:00 PMto 9:00 PM
Soups
Soup of The Day *
Vegan Chili . * ,
The Southwest
Spinach layered with quinoa, black beans, avocado, bell pepper, tomato, chipotle lime
dressing
The Scoop
Mixed greens hoida scoop of our homemade, gourmet tuna salad, tomatoes, homemade
The Love Bite
Cucumbers dicedtomatoes,chickpeas, quinoa.romaine.spinach, belt peppers red
cabbageslaw, sunflower seeds, maplemustard or creamydill dressing(or bothfortwo
different salad experiences in one}
The Boss' Ko Kale Salad (Naughty or Nice) *
Kalemassaged with olive oil,lemon, sea salt and served. Makeit naughty- sundned
tomatoes, walnuts, cayenne or nice- cranberries, walnuts, dashofagave.
Side Saddle Salad
Mixed springgreens, chickpeas, cucumberslices, sunflowerseeds withyourchoiceof
dressing,
HotPanini
The Reuben - s5
Localisinternationally renowned, award winning,top seller! marinatedtofudeli slices,
swisscheeseorvegan cheese, sauerkraut, smothered witn delectable homemade vegan
Russian dressing onrye! madevegetarian, veganorwith turkey byrequest.
.29/$6.49
.29/$6.49
S10.99
S10.S9
S5.99
Taste theonethatstarted itall! Turkey, monterey jack, spinach, tomato, redonion
slathered withour chipotle sauce on French sandwich bread.
The Wayward Pilgrim
Asweet and savory reminder of the holiday season. Turkey, Swiss, crushedwalnuts,
spinach, red onion raspberry jam, dijonmustardon six-grain
S5.39/S10.50
S5 (9/$10.50
ViewPrivacy Staterhent
By using our site you agree to qur terms of use
Live Chat
Qty Price Del
Your cart is hungry
Subtotal: $0.00
Discount: SO.00
Tax: $0.00
Total: $5.00
PICKUP M ' DELIVERY *
Delivery Minimum: S20 (Before tax)
Cart, don't foJLpw me!
EAT24cc-
6/19/2013 1:28 PM
f'D"
EXHIBIT B'
PTO Form 1478 {Rev9/2006)
OMB No. 0651-0009 (Exp U/31/201
Trademark/Service Mark App
Serial Number
Filing Date: 06419/2013
ication, Principal Register
85964591
MARK: LOCALI CONSCIOUS CONVENIENCE
The literal element of the mark consists of LOCALI CONSCIOUS
The 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[
United States
States, having an address of
GregHoros, a citizenof UnitedStates, havingan addresb of
United States
request registration of the trademark/service mark identified
Trademark Office on thePrincipal Register established t y
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; brickandmortar
tote bags; salad dressings and marmalades;
; meatless burgers; wraps; burritos; sandwiches;
; meat, seafood and cheese substitutes; tofu;
and and onlineretail store services; clothing, water bottles
fresh prepared entrees and frozen prepared entrees; salad|s
vegetablespreads and hummus; bakery products and rr
tabbouleh; pizza; coffee; cookbooks; anddietary supplements
use
with
or use throughthe applicant's relatedcompany
the identified goods and/or services. (15
In International Class
, the mark was first used by the applicant or the applicant's related company
01/00/2009, and first used in commerce at least as
. The applicants are submitting one(or more)
in connection with any item in the class of
and menu advertising restaurant/deli services
or licensee or predecessor in interest at least as earlyas
early as 01/00/2009, and is now in use in such commerce.
specimen(s) showing the mark as used in commerce on
listed goods and/or services, consisting of a(n) web page;
and retail/market store services..
Specimen File 1
Specimen File2
Specimen File3
JuChang and George Salmas ofSalmas Law Group
Suite 611
United States
The applicant's current Correspondence Information:
Ju Chang
Salmas Law Group
Suite 611
310.556.0721(phone)
jchang@salmas-law.com;gsalmas@salmas-law.com
A fee payment in the amount of $325 has been submittec.
class(es).
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The Love Bite *
Cucumbers diced tomatoes, chickpeas, quinoa romaine, spinach, Dell peppers, red
cabbage slaw, sunflower seeds, mapte mustard or creamy dill dressing (or both for two
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Kate massaged with olive oil. lemon, sea salt and served Make it naughty sundned
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Mixed spring greens, chickpeas, cucumber slices, sunflower seeds with your choice of
dressing.
Hot Panini
The Reuben '*' S5.
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Swiss cheese or vegan cheese, sauerkraut, smothered with delectable homemade vegan
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EXHIBIT
Hflt
WHAT IS MAD? SUBSCR
ROY CHOI AND DANIEL
PATTERSON LAUNCH
LOCO'L
25 August 2014 Daniel Patterson
Just afew moments ago, Daniel Patterson and Roy Choi took
to thestage at MAD4 andannounced that they will be launc hing
loco'l, a concept that aims to supplant thefast-food chains t<nd
convenience stores that separate ouryouthfrom the taste ofreal
food. Thefirst branch will launch on thewest coast in thespring
of2015. Here'sPatterson on afew details. Staytunedfor 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
themwith food, housing, counseling, and job training.
Many ofthemhad subsisted their whole lives onprocessed
food; 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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@TheMADFeed
Inspired by that experience, I formed a non-profit
foundationcalled The Cooking Project. Througha
seriesof free classes, wenot onlyteachyoungpeople hlow
to cook, but also the value of gathering around the table
Overthe last year we have connected with manyother non
profit and social justice organizations, but I knewfrom the
beginning that no matter howmuch it grew, the foundation
wouldn't be enough to create widespread change. I nee led
to start a business that could growquicklyand supplan:
fast-food chains and conveniencestores that separate
youth fromthe taste of real food. I envisioned a newWild
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 wouldbej jn
to crave more nutritious food. It was a great concept, but I
had no idea where to start.
Myanswerlayto the south, in LosAngeles, where Royfchoi
was bringing people together from all over the city aroi ind
Kogifood 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, afruit andjuice bar inSouthCentral, ana|rea
of the city that lacks real, nutritious food.
the
of
cur
Choi at MADS
the Last 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 Social
Change? 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 himmy idea
to
vas
Together, we are making our vision a reality in the forr 1of
loco'l. The first branch of this newrestaurant 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 thanjust cook for the few people who can
affordit. Wecancreate real change, inthis casebybuil|ding
a 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 opei 1
profitable restaurants that are inexpensive and serve
delicious food made with real ingredients; if we bring nlew
options to places that currently lackquality food; if we
with heart; if we create an environment of warmth,
generosity, and caring; and if we value the people with
moneyjust as much as the ones with plenty, we can i
difference.
n
:ook
ess
a imaice
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 andthe world. Lo\co
for not taking theshit that's beingpassed down andperpetrated
on us. It's thispush andpull 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\ver
see realfood or high quality operators.
Delicious foodfor everyone. That's the revolution.
mad news daniel patterson roy choi
Ll|0 ,{357 Tweet 187?
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EXHIBIT
100 Vintners, 40Chefs, ; .
40 Events, 5Days of ^.
Food, Wine &Fun K^*-'
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.'VALLEY'
OEATER INTERVIEWS CALIFORNIA
November 19-2
BUfTICKil
Roy Choi on Creating a Revol
by Hillary Dixler Sep 2 2014. 10:35a @hillarydixler 2 COMMENTS
itionary Kind of Fast Food
CCJ
COCOJ
DON'T MISS STORIES. FOLLOW EATER
Photo: Travis Jensen
X
At thisSummer's MADfood symposium, Calif
Patterson (Coi, SF) andRoy 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 Choi about
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 after
and 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 partnership
elxpect 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 prettynatural. I sawhim at MAD last year and
right before I went to MAD, I read an article in the SanFrancisco
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 of who 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 andstupid of us to not acknowledge
understand 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't nothing 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 krjow
coming 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 onthere, sothat'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
Somehowalong the line as businesses grow, money
change your decisions. Then before you know it
knowwhich 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 if we 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 just need someone totakle
weeds 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>l
people 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
there I'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 of know 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
trytoup-play everything we're good at. But theiji
bring 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 Choi presentingat 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'
Our goal 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-]
Urll
EXHIBIT "E
BREAKING
Roy Choi & Daniel Patterson
by 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 bunthat'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-]
urn
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EXHIBIT
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 - PrimaryClass
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 Drive
Oakland, CALIFORNIA 94611
UNITED STATES
Legal EntityType: LIMITED LIABILITY COMPANY
^tate or Country Where CALIFORNIA
Organized:
Attorney/Corresponc ence Information
Attorney of Record
Attorney Name: Alexandra Foote
Attorney Primary Email alexandra@afootelaw.com
Address:
Attorney Email Yes
Authorized:
Correspo ident
Correspondent ALEXANDRA FOOTE
Name/Address: LAW OFFICE OF ALEXANDRA L. FOOTE, P.C.
6216 ASCOT DR
OAKLAND, CALIFORNIA 94611-2529
UNITED STATES
Correspondent e-mail: alexandra@afootelaw.com
Correspondent e-mail Yes
Authorized:
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 - None TM Staff Informat
File Locat on
Current Location: NEW APPLICATION PROCESSING
Date in Location: Sep. 09,2014
Proceeding
Number
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

(Required for U.S. applicants)

j *ZIIVPOSTAL CODE
j (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

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
alexandra@afootelaw.com
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
FEE 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/^6/2014
MARK: Loco'l (Standard Characters, see mark)
The literal element of the mark consists of Loco'l.
The markconsistsof standardcharacters, without claimb any particularfont, style, size, or color.
Theapplicant, Locol, LLC, a limited liability company 1Jgally organized under thelaws of California,
having an address of
6216 Ascot Drive
Oakland, California 94611
United States
requestsregistration of the trademark/service mark i
Trademark Office on the Principal Register established
by
identified above in the United States Patent and
the Act of July 5, 1946 (15 U.S.C. Section 1051
For specific filingbasis information for each item, yoa must view the display within the Input Table.
International Class 043: Restaurant and cafe services
use or use through the applicant's related company
the identified goods and/or services. (15 with
Alexandra Foote of Law Office of Alexandra L. Foojte, P.C.
6216 Ascot Drive
United States
The applicant'scurrent CorrespondenceInformation:
Alexandra Foote
Law Office of Alexandra L. Foote, P.C.
6216 Ascot Drive
alexandraafootelaw.com (authorized)
Afee payment inthe amount of $325 has been submitted with theapplication, representing payment for 1
class(es).
Declarati on
pplication under 15 U.S.C. Section 1051(a), the
The signatory believesthat: if the applicant is filingthe
applicant is the owner of the trademark/service mark sought toberegistered; the applicant orthe
applicant's related company orlicensee is using the mark incommerce on or in connection with the
goods/services inthe application, and such use by the ap Dlicant's related company orlicensee inures to the
benefit of the applicant; the specimen(s) shows the mark as used onor inconnection with the
goods/services inthe application; and/or if the applicant filed anapplication under 15 U.S.C. Section
1051(b), Section 1126(d), and/or Section 1126(e), the applicant is entitled to use themark incommerce;
the applicant has a bona fide intention to use oruse through the applicant's related company or licensee the
markincommerce on or in connection withthe goods/services in the application. The signatory believes
that tothe best of the signatory's knowledge and belief, i o other person has the right to use the mark in
commerce, either inthe identical form or in such near re: semblance as tobe likely, whenused on or in
connection with the goods/services of such other person, tocause confusion or mistake, or todeceive. The
signatory being warned that willful false statements and the like are punishable by fine orimprisonment,
or both, under 18 U.S.C. Section 1001, andthat such willful false statements andthe like may jeopardize
the validity ofthe application orany registration resulting therefrom, declares that all statements made of
his/her own knowledge are true and all statements made oninformation and belief are believed tobetrue.
Signature: /Daniel Patterson/ Date: 08/26/2014
Signatory's Name: Daniel Patterson
Signatory's Position: Managing Member
Internet Transmission Date: Tue Aug 2623:20:04 EDT fe014
TEASStamp: USPTO/BAS-50.188.182.194-201408263320049
32631-8637793 l-500bl6f521a0bb2ab9da6fbb5
ff2181c6825a0f5c456bbec3f542373f3f814-CC
-11368-20140825184329227117
Locol
Locol
EXHIBIT
i/|_|M
H'
flJO I) I
ATTORNEYS AT LAW
September 6, 2014
Locol, LLC
c/o Agent for Service of Process
Alexandra 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 a
online 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
Telephone: (3 10) 556-0721
Facsimile: (3 10) 788-8923
www.TheFoodLawyers.com
Via: Federal Express
who operate two restaurants named
using their Locali brand in the restaurant
years during which time they have acquired a
reasonable price as is affirmed in various
apd professional restaurant ratings companies
bceni
On June 19, 2013, our firm filed on behalf of our clidnts
application for the mark Locali for catering, restaurant,
delicatessen services. That application was published
Gazette on June 24, 2014 and the opposition period
For these reasons in this correspondence, I will treat
registered brand with an effective rights date of June
We are aware that Locol, LLC filed a federal trademark
2014 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" location
location in Los Angeles sometime thereafter.
As a result of the foregoing facts, our clients have cofnmon
nationwide rights under their federal trademark regi
enforceable rights in the Loco'l brand because you
industry.
It is self evident that "Loco'l" is confusingly similar
and by this correspondence we are asking you to confirm
new name for your enterprise that is not confusingly
a federal trademark registration
take-out restaurant services and
for opposition in the Trademark Official
closed without any opposition being filed.
"Locali" as being our clients' federally
19,2013.
registration application on August 26,
services. Your application having been filed
ty of perjury that you have never used the
research that reveals your principals
in San Francisco in 2015 and a second
law rights in their Locali brand and
istration. By contrast, Locol, LLC has no
have never used it in the restaurant or cafe
with "Locali" for restaurant type services
to 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 clilents
our 2013 federal trademark registration filing, our research
principals, Mr. Roy Choi, has publically acknowled
"following" Locali on Twitter. Please see the attached
research indicates that Mr. Choi has been a Locali 1 itter
certainly before your filing of the Loco'l registratior
that Locol, LLC's infringement of the Locali brand
trademark application is a fraud on the trademark office
statement under oath that:
' rights in the Locali brand as a result of
has revealed that one of your
ed our clients' use of the Locali brand by
screen shot that documents this. Our
follower for several months
application August 26th. This suggest to us
s willful. Furthermore, the filing of your
because the application includes the
That the applicant believes it is the
mark is in use in commerce; that to
knowledge and belief, no other persoî
in commerce, either in the identical
resemblance as tobe likely, when applied
of the other person, to cause confusion
owner of the mark; that the
best of the declarant's
has the right to use the mark
or in such near
to the goods or services
or mistake, or to deceive;
tie
form
We believe that Locol, LLC could not have truthfully
principals was aware of the existence of our clients'
made the above statement when one of its
Locali brand's use.
We do not want to impede your ability to engage in
conclude this matter in a way that is the most economical
any action in this case if Locol, LLC (a) represents
proposed "Loco'l" brand, (b) agrees to not use any b|rand
files a notice of abandonment of its "Loco'l" federal
will, of course, file an opposition to the "Loco'l" fedleral
amicably.
ihe restaurant business and we are willing to
for you. We agree to suspend taking
us in writing that it will abandon the
confusingly similar to Locali and (3)
trademark registration application. We
registration if this matter is not resolved
We ask that you respond to this letter by September
date, we will do what is necessary to preserve our
Let me say that until this case is resolved, Locol, LL
employees, attorneys, accountants and other persons
should not destroy any files or delete any e-mails
electronic tablets. This specifically includes, but is
Patterson and Chad Robertson. If this matter is not r
taking civil discovery from all of these people, and others
hereinabove.
5th. If we donot hear from youby that
clilents' rights in the Locali brand.
and all of its principals, agents,
under its control are on notice that they
their computer systems, phones or
limited to, Messrs. Roy Choi, Daniel
^solved in a cooperative manner, we will be
respecting the infringement discussed
from
rot
Sincerely,
W'&O'lge> 0% J?'&>t*vy,&4'
By:
George C. Sain as
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UNITED STATES DISTRICT COURT, CENTRAL DISTRICTOF CALIFORNIA
CIVIL 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 youare
representingyourself, providethe same information.
LAWOFFICES OF GERARD FOX, INC.
Gerard P. Fox(SBN #151649), Lauren M.Greene (SBN #271397)
1880CenturyPart East, Suite815,Los Angeles, CA 90067
Tel: (310) 441-0500, Fax: (310) 441-4447
II. BASISOF JURISDICTION (Placean Xin one box only.)
I 11. U.S. Government
Plaintiff
j I2. U.S. Government
Defendant
[X] 3.Federal Question (U.S.
Government Not a Party)
I 14. Diversity (Indicate Citizenship
of Parties in Item III)
DEI ENDANTS (Check box if you an
LOCpL, LLC, aCalifornia limited liability company,
PATTERSON, an individual, and DOES 1-10, inclusive
Coiinty of Residence of First Listed Defendant Alameda
(INLS. PLAINTIFFCASES ONLY)
Attorneys {Firm Name, Address and Telephone Number) If you are
representing yourself, provide the same information.
III. CITIZENSHIP OF PRINCIPAL PARTIES-For DiversityCases Only
(Placepn Xinone boxforplaintiff andonefordefendant)
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 of a Foreign Nation D 6 D 6
Foreign Couptry II
IV. ORIGIN (Place an Xin one box only.)
1. Original
Proceeding
II 2.Removed from
II State Court

3. Remanded from
Appellate Court

4. Reinstated or
Reopened

6. Multi-
5.Transferred from Another 11 District
District (Specify) II 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 Statuteunder which youare filing and write
Plaintiffs allege Defendants' engaged intrademark infringement inviolation of15U.S.C. 5
California BUS. &PROF. CODE 17200and CAL. BUS. &PROF. CODE 14330,additionally~
a briefstatement of cause. Donot cite jurisdiaional statutes unless diversity.)
1114AND 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. NATUREOFSUIT (Place an Xin one box only).
OTHER STATUTES
[J 375 False Claims Act
iI 400State
II Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce/ICC
Rates/Etc.
fj 460 Deportation
,I 470 Racketeer Infi u-
II enced &Corrupt Org.
fj 480 Consumer Credit
490 Cable/SatTV
r-1 850 Securities/Com-
II modities/Exchange
r-1 890 Other Statutory
ll Actions
fj 891 Agricultural Acts
893 Environmental
Matters
r-i 895 Freedom of Info.
L-J Act
896 Arbitration
899 Admin. Procedures
fj Act/Review ofAppeal of
Agency Decision
r-1 950 Constitutionality of
II State Statutes
FOR OFFICE USE ONLY:
CV-71 (06/14)
CONTRACT
f_J 110Insurance
120Marine
[J 130Miller Act
r-, 140 Negotiable
II Instrument
150 Recovery of
II Overpayments
Enforcement of
Judgment
151 Medicare Act
152 Recovery of
DefaultedStudent
Loan (Excl. Vet.)
153 Recovery of
| | Overpayment of
Vet. Benefits
ii 160 Stockholders'
LJ Suits
|] 190Other
L-' Contract
,I 195Contract
ll Product Liability
[3 196Franchise
REAL PROPERTY
pj 210Land
Condemnation
fj 220Foreclosure
230 Rent Lease &
Ejectment
REAL PROPERTY CONT.
240Tortsto Land
r~| 245Tort Product
Liability
rj 290 All Other Real
Property
TORTS
PERSONAL INJURY
310Airplane
315 Airplane
Product Liability
r-, 320 Assault, Libel &
LJ Slander
(i 330Fed. Employers'
II Liability
340Marine
] 345Marine Product
11 Liability
350MotorVehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury-
Med Malpratice
365 Personal Injury-
Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos
l_l Personal Injury
IMA IIGRATION
4621 Naturalization
Appl ication
n 465
1 Imm
Other
gration Actions
TORTS
PERSONAL PROPERTY
370OtherFraud
371 truth inLending
380 3ther Personal
Prop erty Damage
3851 'roperty Damage
Proquct Liability
BA JKRUPTCY
n 422
LJ use
n 423
L-i use
\ppeal 28
158
Withdrawal 28
157
CIVIL RIGHTS
Dther Civil Rights
/oting
mployment
Housing/
440
441
442
D443
Acct mmodations
445 \mericanwith
| | DisaDilities-
Employment
446 \merican with
Disa Dilities-Other
Case Number:^
Personal Injury r] 44;
Prodi [aIiabJIitv J*r Q
Education
CIVIL COVER 5HEET
PRISONER PETITIONS
Habeas Corpus:
fj 463Alien Detainee
r1 510 Motions to Vacate
I1 Sentence
530General
535Death Penalty
Other:
[J 540Mandamus/Other
550Civil Rights
II 555 Prison Condition
560 Civil Detainee
Conditions of
Confinement
FORFEITURE/PENALTY
625 Drug Related
U Seizure of Property 21
USC 881
690Other
LABOR
710 Fair Labor Standards
Act
720 Labor/Mgmt.
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor
Litigation
791 Employee Ret. Inc.
Security Act
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark
SOCIALSECURITY
Z]
[J 861 HIA(1395ff)
862Black Lung (923)
[J 863DIWC/DIWW (405 (g))
864SSID TitleXVI
865RSI (405 (g))
FEDERALTAX SUITS
870 Taxes (U.S. Plaintiff or
Defendant)
871 IRS-ThirdParty 26 USC
7609
Page 1 of 3
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
VIII. VENUE: Your answers to the questionsbelowwill determinethe division ofthe
to 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 subject
Complaint 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 the
box to the right that applies, enter the
corresponding division in response to
Question 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, or
one of its agencies or employees, a
PLAINTIFF in this action?
Yes [x] No
B.I. Do 50% or more of the defendants who
the district reside in Orange Co.?
checkone 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," answer
Question 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.)
checkoneoftheboxes 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" inresponseto QuestionE, below, and continue
from there.
QUESTION C: Is the United States, or
one of its agencies or employees, a
DEFENDANT in this action?
Yes [x] No
C.I. Do 50% or more of the plaintiffs who rejide in the
district 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,"answer
Question C.I, at right.
C.2. Do50%or more of the plaintiffs who reiide in the
district reside in Riverside and/or San Bernarc ino
Counties? (Consider the two counties togetr e
checkone 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 County
LosAngeles, Ventura,
Santa Barbara, or San
LuisObispo County
Indicate the location(s) in which 50% or more of plaintiffs who residein this district
reside. (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 this
district reside. (Check up to two boxes, or leave blank if none of these choices
apply.)
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," goto question D2 to the right. ^^^
QUESTION E: Initial Division?
Enter the initial division determined by Question A, B,C, or Dabove:
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
UNITEDSTATES DISTRICTCOURT, CENTRAL DISTRICTOFCALIFORNIA
CIVIL 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 thesame or closely related transactions, happening,
B. Call for determination ofthesame orsubstantially related or s
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 cases
related.
i, or event;
milar questions of law and fact; or
if heard 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 isrequired
neither replacesnor supplements the filing and serviceof pleadings or other
more detailed instructions, see separate instruction sheet (CV-071 A).
by Local Rule 3-1. This Form CV-71 and the information contained herein
papers as required by law, except as provided by local rules ofcourt. For
Key to Statistical codes relating to Social SecurityCases:
Nature of Suit Code Abbreviation
861 HIA
Substantive Statement of Cau >eof Action
All claimsfor health insurancebenefits (Medicare)
include claims by hospitals, skillednursing
(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 Social Security Act,as amended. Also,
Facilities, etc.,forcertification as providers ofservices underthe program.
All claims for "BlackLung" benefits under T
923)
tie 4, Part B, of the Federal Coal MineHealth and SafetyActof 1969.(30U.S.C.
All claimsfiledby insured workersfor disability
all claims filed for child's insurance benefits
insurancebenefits under Title2 of the Social SecurityAct, as amended; plus
based on disability. (42 U.S.C. 405 (g))
All claims filed for widows or widowers i
amended. (42 U.S.C. 405 (g))
insi raneebenefitsbasedon disability underTitle2of the Social Security Act, as
All claims for supplemental security incom* payments based upon disability filed under Title 16oftheSocial Security Act, as
amended.
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

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