UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK

FAMOUS JOE'S PIZZA, INC.,

a New York Corporation,

ECF CASE
Civil Action No.

Plaintiff,
COMPLAINT

-againstLITTLE JOE PIZZA, INC., a New York

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

JUDGE WOODS
JURY TRIAL DEMANDED

Defendants.
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Plaintiff Famous Joe's Pizza, Inc., for its complaint against the Defen~ts ~rei fi, u
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states as follows on knowledge as to Plaintiff and otherwise on information and belief:

INTRODUCTION
1.

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

Bleecker Street, New York, NY, at the comer ofBleecker and Carmine. Exhibit A is an image of a
photograph of the first restaurant at 233 Bleecker Street. In 1996, Plaintiff opened a second location
at 7 Carmine Street in New York City, New York, a few storefronts down from the 233 Bleecker
Street comer. Exhibit Ban image of a photograph of Plaintiffs current restaurant at 7 Carmine
Street. After co-existing for a number of years, the original Bleecker location closed and Plaintiff
continued only at 7 Carmine Street.
2.

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

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

under the name Sevillian Group LLC ("Plaintiffs Licensee"), and said restaurant now uses
Plaintiffs marks under said license. Exhibit C is an image of a photograph of the 14th Street
restaurant.
3.
"Joe's Pizza."

Since its beginnings in 1975, Plaintiffs restaurant has been widely known as
In addition to the instantly recognizable mark JOE'S PIZZA (Stylized) which

Plaintiffhas used since at least December 1983 on its front signage and otherwise, Plaintiff recently
adopted a distinctive JOE'S PIZZA Logo which incorporates the JOE'S PIZZA (Stylized). The
restaurants prominently use the marks JOE'S PIZZA (Stylized) and the current locations also use the
mark JOE'S PIZZA Logo, as can be seen in Exhibit Band C. Plaintiffhas plans to further expand its
locations inN ew York City in particular, regionally, nationally and internationally, either on its own
or via licensees.
4.

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

A copy of this registration is annexed hereto as Exhibit D. In addition, Plaintiff owns a U.S.
registration of the service mark JOE'S PIZZA Logo. A copy of this registration is annexed hereto as

Exhibit E.
5.

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

esteemed reputation and abundant goodwill, the Defendants (including a now ex-employee of
Plaintiff's Licensee) opened a pizza restaurant under the name LITTLE JOE'S PIZZA on or about
November 20, 2014. Exhibit F is an image of a photograph showing the signage on the front of
Defendants' restaurant. Defendants' restaurant is located at First A venue, near the comer of East 2nd
Street, in New York, NY- a location that is walking distance from the East 14th Street restaurant and
very close to Plaintiff's 7 Carmine Street location.

6.

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

valuable trademark rights, and blatantly infringes Plaintiff's federally registered trademarks.
7.

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

business, used on their website and at their restaurant photographs taken at Plaintiffs business which
show Plaintiff's registered marks, and thus Defendants are liable for counterfeiting each of Plaintiff's
registered marks. These photographs further show Plaintiff's celebrity customers, and by appearing
on the website and the walls of Defendants' restaurant, suggest or imply that those celebrities
endorse Defendants' business, or that Plaintiff's and Defendants' respective restaurants are related,
which is not the case.
8.

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

confusion and irreparable harm to Plaintiff's reputation and goodwill and must be preliminarily and
permanently enjoined.
THE PARTIES
9.

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

New York with an office and principal place ofbusiness at 7 Carmine Street, New York, NY.
10.

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

the State ofNew York with a principal place ofbusiness at 26 First Avenue, New York, NY 10009,
where it opened a pizza restaurant under the name LITTLE JOE'S PIZZA.
11.

Defendant Natalia Ramirez is an individual who owns defendant Little Joe

Pizza, Inc. ("Little Joe's Pizza"). Natalia Ramirez manages, controls and operates the business and,
as such, she is responsible for the tortious acts of Little Joe's Pizza. Little Joe's Pizza is so
dominated and controlled by Natali a Ramirez that said individual and the corporate defendant are

interchangeable with one another.

12.

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

unfair actions alleged herein were discovered, an employee ofPlaintiffs Licensee. Sergio Ramirez
is now an employee of Defendant Little Joe's Pizza and the husband ofNatalia Ramirez. While he
was employed by Plaintiffs Licensee, Sergio Ramirez worked as a delivery man and as a cashier.
Sergio Ramirez never made pizza at Plaintiff Licensee's restaurants.
13.

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

Plaintiffs rights and Plaintiff, therefore, sues them by fictitious names John Does 1 through 5.
Plaintiff has yet to confirm the true identities and acts of participation of Does 1 through 5, inclusive,
and therefore must now sue them by such fictitious names. Plaintiff is informed and believes that
each of the Defendants designated as a Doe is liable in some manner for the acts and omissions,
damages and injuries of which Plaintiff alleges in this Complaint. Plaintiff will seek to amend the
Complaint to state the true identities of Does 1 through 5 when ascertained.
JURISDICTION AND VENUE
14.

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

Trademark Act of the United States, 15 U.S.C. 1051 et seq., and under the statutory and common
laws of the State ofNew York.
15.

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

U.S.C. 1338(a), the Lanham Trademark Act of the United States, 15 U.S.C. 1121, et seq. This
Court has supplemental jurisdiction over the state law claims pursuant to 28 U.S.C. 1367(a).
16.

This Court has personal jurisdiction over Defendants because the Defendants

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

named corporate defendant is a New York Corporation, and the named individual Defendants also
reside in the State ofNew York.
17.

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

this is an action brought pursuant to the Lanham Trademark Act, Defendants conduct business in this
judicial district, the corporate defendant is subject to personal jurisdiction here, and the events giving
rise to the allegations of this complaint occurred in this district.
BACKGROUND
A. History of Joe's Pizza and Its Reputation and Goodwill
18.

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

putting time and energy into the business he created, first opened pizza restaurants in Boston in the
1960's, after moving to the USA from Italy. Those restaurants were successful and Pozzuoli sold the
businesses, anticipating a move out of Boston.
19.

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

heralded pizza restaurant at 233 Bleecker Street, New York, NY, on the comer of Bleecker and
Carmine in Greenwich Village. He first began to use the name and mark JOE'S PIZZA to operate
the business because "Joe" is the English equivalent ofhis Italian given name "Pino." Pozzuoli put
up his now famous JOE~s PIZZA (Stylized) signage on both the Bleecker and Carmine sides of the
first restaurant in about 1983, and has used the mark in that distinctive stylized font since 1983.
20.

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

of a few doors down the street, at 7 Carmine Street. After Pozzuoli opened the second location, he
used the same JOE'S PIZZA (Stylized) on the restaurant signage, and he placed an image of his
Bleecker Street storefront in a frame and displayed it prominently on a wall of the 7 Carmine Street

restaurant, so there was no doubt that anyone seeing the business at 7 Carmine would associate it
with the 233 Bleecker restaurant. Over the years, both the mark JOE'S PIZZA (Stylized) and the
Bleecker Street storefront image became distinctive of Plaintiff's pizza restaurant services.
21.

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

well-known pizza restaurant that it is today, as popular with the local residents as with the bridge and
tunnel crowd that would form lines out the door to get a quick bite after a night on the town. It even
has an international following.
22.

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

was written about and reviewed in many publications. That publicity included, in 1996, New York
Magazine naming JOE'S PIZZA "Best ofNew York." This was New York Magazine's yearly double
issue that features some of the most popular restaurants, bars, clubs etc. The article describes
Plaintiff's pizza as "the quintessential New York slice." Exhibit G.
23.

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

years. In one review, the magazine referred to JOE'S PIZZA as "a Greenwich Village institution."
Exhibit H.
24.

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

dining in New York, often lists JOE'S PIZZA as one of the top Pizza shops. In the November 30,
2006 issue, which features a cover story about pizza, JOE'S PIZZA is ranked as number 5, and is
specifically noted as one of the best late night pizza destinations in NYC. Exhibit I.
25.

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

included a photograph of JOE'S PIZZA and competitor Dominos. The article included a comparison
and portrayed JOE'S PIZZA's pizza quite favorably. Exhibit J.

26.

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

from all over the world. Scott's Pizza Tours (see http://www.scottspizzatours.com) featured JOE'S
PIZZA as one of the key stops on their New York walking tour, noting that: "IfKevin Spacey, Kevin
Bacon, Ben Affleck and thousands ofNew Yorkers are right, Joe's is the greatest slice of pizza in the
world." See Exhibit K.
27.

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

media through the years. The business is often scouted by filmmakers seeking an authentic New
York backdrop. Over the years, there were several instances where filming was also done inside the
location. Films and TV shows where JOE'S PIZZA can be seen include:
Fatso (1980)
Law & Order ( 1990s)
The Night We Never Met (1993)
Along Came Polly (2004)
Looking For Kitty (2004)
28.

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

REGIS AND KELLY show. There was a segment on the staff's favorite places to eat in Manhattan
and Kelly even interviewed Pino Pozzuoli on the show.
29.

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

starring Toby Maguire as Peter Parker/Spiderman, in 2004. JOE'S PIZZA is in fact one of the key
locations for the movie. In the storyline, it is where the central character Peter Parker works. JOE'S
PIZZA is prominent in the entire opening sequence of the film as the central character is faced with
the daunting task of delivering some of JOE'S PIZZA pies through crowded New York City streets.

30.

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

grossing film of that year. According to the Internet Movie Data Base (imdb.com) it is 24th in alltime USA box office gross. The SPIDERMAN films remain very popular. JOE'S PIZZA still
receives phone calls from comedy radio shows asking (in good fun), why did the business "fire"
Peter Parker? Photographs of Peter Parker working for JOE'S PIZZA are included as Exhibit L.
31.

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

series, Sex and the City. This ad campaign showed the star of the series Sarah Jessica Parker playing
Carrie Bradshaw, immersed in the daily New York City experience. Some of the posters showed her
in a yellow taxi cab. Others showed her on a pay phone (this was the late 90s when cell phone use
was not yet ubiquitous) and in other ads, she was shown eating a pizza slice at JOE'S PIZZA's
outdoor tables. Apparently, nothing quite captured "the City" as well as the yellow taxi cab, the
NYC-styled pay phone, and JOE'S PIZZA! See Exhibit M.
32.

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

star Ben Affleck has often stated how he is a fan. In the April 10, 2004 New York Post, he said,
"There are tons ofpizza places all over New York. It definitely has the best pizza in the world. But
Joe's is the best of the best." See Exhibit N.

33.

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

commercial, entitled Jason Giambi "Goes Yard," portrays a series of NYC images marked by
distances from where Jason Giambi, a then famous Yankee player, is about to hit the ball. In the
stadium there is seen a 399 feet distance. The Roseland Ballroom is at 26,826 feet distance, the
Empire State Building is at 29,287 feet, the Verrazano Bridge is at 92,874 feet away, the Station
Island Ferry is 78,315 feet away and also there is a screen shot of the JOE'S PIZZA at 10,502 feet
8

away.

The

commercial

can

be

seen

at

Plaintiffs

website

at

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

commercial showing its distance from Giambi is reproduced below:

34.

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

JOE'S PIZZA's storefront as part of its effort to replicate an authentic NYC backdrop. Appearing in
that game is an artist's rendition ofthe image of one side ofPlaintiffs storefront at 233 Bleecker.
See the below screenshot from the computer game. At least 15 million copies of the game have sold
and all those using the game identifY the distinctive JOE'S PIZZA (Stylized) with Plaintiffs
business:

B. Plaintiffs Trademark Registrations

35.

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

(Stylized) with United States Patent and Trademark Office and owns all right, title and interest in and
to the mark JOE'S PIZZA (Stylized), shown below:

t)oe~b

PIZZA

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

10

Trademark Office on May 14, 2013 in connection with restaurant services featuring pizza and takeout restaurant services, and cites a date of first use at least on or before December 31, 1983. See
Exhibit D hereinabove.
36.

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

to as JOE'S PIZZA Logo:

This mark is the subject of U.S. Registration No. 4,402,507 issued by the United States Patent and
Trademark Office on September 17,2013 in connection with restaurant services featuring pizza, and
for take-out restaurant services, and cites a date of first use of March 2012, and at least as early as
December 31, 1983 in an earlier form. See Exhibit E hereinabove.
C. Defendants' Unlawfully Competing Acts and Operations
3 7.

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

at 26 First Avenue, New York, NY, and named it LITTLE JOE'S PIZZA.
38.

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

Sergio Ramirez, was an employee of Plaintiff's Licensee, and had told his employer that he was
taking off a few weeks to go on vacation to his native country of Mexico.
39.

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

11

Joe, and even if that were the case, Plaintiffs statutory and common law trademark rights would
prevail over any such user.
40.

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

JOE'S PIZZA mark in a form that is confusingly similar to the JOE'S PIZZA (Stylized) mark. See
Exhibit F referenced hereinabove, which image is reproduced below:

On the inside of the restaurant, Defendants hung numerous photos ofDefendant Sergio Ramirez,
taken at Plaintiffs restaurant at Carmine and/or at East 14th Street, including images of Sergio
Ramirez with JOE'S PIZZA's celebrity customers, such as Ricky Martin, John Leguizamo, Drake
and Kirsten Dunst (who co-stared in Spiderman). In the photos, Sergio Ramirez is seen wearing t12

shirts featuring Plaintiff's registered JOE'S PIZZA (Stylized) mark and the JOE'S PIZZA Logo, as
well as other t-shirts worn by JOE PIZZA employees at various times, including a t-shirt which
promoted Plaintiff's business as being featured in New York Magazine (see Exhibit H). These
photographs are annexed as Exhibit 0.
41.

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

Sergio Ramirez with JOE PIZZA's customers wearing the t-shirts showing Plaintiff's trademarks so
that customers seeing the photos at Defendants' restaurant would think that Defendants' pizza
restaurant is associated with Plaintiff and its business, or is a licensee of Plaintiff.
42.

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

The fifteen photos displayed on Defendants' website are annexed as Exhibit P. On their website,
Defendants also use the mark LITTLE JOE'S PIZZA which is a confusingly similar copy of
Plaintiff's JOE'S PIZZA (Stylized). See Exhibit Q.
43.

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

which was registered on November 13,2014. See annexed Exhibit R. Defendants' domain name
littlejoespizzanyc.com incorporates the entirety of Plaintiff's trademark JOE'S PIZZA, as well as
Plaintiff's internet domain which is joespizzanyc. com, and was created to mimic Plaintiff's domain
name.
44.

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

directed the creation of the littlejoespizzanyc website, including directing the use of the fifteen
photographs on the website that show Sergio Ramirez while employed by Plaintiff, display
Plaintiff's registered trademarks, show Plaintiff's JOE'S PIZZA restaurant locations, and show some
of Plaintiff's celebrity customers. Additionally, Sergio Ramirez supplied these photographs and
13

directed that they be displayed inside of Defendants~ restaurant.

D. Press Coverage Re the Opening of Defendants~ Pizza Restaurant Fuels Confusion/Association
45.

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

opening of Defendants~ pizza restaurant which made numerous references to Plaintiff's business. It
even used a photo of Defendant Sergio Ramirez at a JOE~S PIZZA restaurant, obviously supplied by
Sergio Ramirez. The article spun the opening of Defendants' business in a manner which suggested
that Sergio Ramirez was a seasoned pizza maker by presenting him as the person "at the helm of the
pizza oven," and it suggests that he was formerly a JOE'S PIZZA pizza maker for Plaintiff, which
was not the case. ExhibitS.
46.

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

signage on Defendants' pizza business storefront. That article reports that the proprietors of the
newly opened establishment are "all veterans" of Joe's Pizza on Carmine Street. See Exhibit T
annexed hereto. That information was provided to Evgrieve by Defendants, and is untrue.
4 7.

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

saying he is confused by the connection between Plaintiff's and Defendants' business but would try
the new location because he likes Plaintiff's pizza. See Exhibit T. Another reader commented that
he had visited Defendants' restaurant - "sort of excited when I saw this article thinking another
location could this be true! !!" The reader believed that Defendants' business was associated with
Plaintiff's business based on a photo showing Plaintiff's Bleecker Street and Carmine Street
locations on the walls of Defendants' business. See Exhibit T.
48.

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

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

14

Ramirez next to Plaintiffs celebrity clients to endorse Defendants~ business. Actual confusion is a
foregone conclusion. For example, on FOODGUYNY' s Instagram, one consutner commented on a
picture from Defendants' restaurant: "I knew it had to be related to joes. Deff a try tomorrow". See
Exhibit U annexed hereto. Not only the Plaintiff but Plaintiffs patrons and the public will be

harmed and damaged unless this Court grants the relief requested herein.
49.

Public confusion and association of the businesses are further evident on

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

50.

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

requested its counsel to send a Cease and Desist letter to Defendants and such letter was sent on
immediately November 25, 2014. See Exhibit W annexed hereto.
51.

Plaintiff demanded that Defendants' cease their unlawful and infringing

conduct and provide Plaintiff with assurances they had done so by December I , 2014. After
Defendants' receipt of the letter Plaintiffs counsel spoke to two separate attorneys who initially
appeared to have been engaged by Defendants, but one attorney later said he was disengaged, and the
other never followed up with a response to Plaintiffs letter.
52.

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

infringing and injurious actions, to Plaintiffs detennent and despite actual public confusion.
COUNT I
VIOLATION OF 15 U.S.C. 1114
(Trademark Counterfeiting)
53.

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

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

15

54.

Plaintiff repeats and realleges the allegations contained in the forgoing

paragraphs 1 through 52 as though fully set forth herein.

55.

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

and deception in commerce among members of the purchasing public and the trade as to the true
source, origin, or sponsorship of their restaurant services provided by a pizza establishment.
56.

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

and JOE'S PIZZA Logo for restaurant services in photos hanging on the walls of Defendant's
business location and on Defendant's website constitutes clear and direct counterfeiting ofPlaintiffs
rights in and to its two federally registered marks.
57.

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

imitation is intended to be used to cause confusion, or to cause mistake or to deceive the consumer
and the public.
58.

Defendants have willfully and intentionally used Plaintiffs registered marks

to connect their business to Plaintiff and Plaintiffs pizza restaurant.

59.

The acts of Defendants described herein were undertaken without the

permission, license or consent of Plaintiff.

60.

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

Plaintiff has no adequate remedy at law.

61.

Plaintiff is entitled to an order preliminarily and permanently enjoining and

restraining the Defendants from engaging in said acts as provided under 15 USC Section 1116(a),
and to a seizure upon ex-parte application as provided under 15 USC 1116(d)(l ).
62.

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

16

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

COUNT II
VIOLATION OF 15 U .S.C. 1114
(Trademark Infringement -Federally Registered Mark)
63.

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

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

64.

Plaintiff repeats and realleges the allegations contained in the forgoing

paragraphs 1 through 62 as though fully set forth herein.

65.

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

and deception in commerce among members of the purchasing public and the trade as to the true
source, origin, or sponsorship of their restaurant services. Use by Defendants of the mark LITTLE
JOE'S PIZZA constitutes clear and direct infringement of Plaintiffs rights in and to its federally
registered n1ark JOE'S PIZZA (Stylized).
66.

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

indistinguishable from Plaintiffs mark for the identical services registered by Plaintiff for its mark.
67.

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

imitation is intended to be used to cause confusion, or to cause mistake or to deceive the consumer
and the public.
68.

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

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

69.

The acts of Defendants described herein were undertaken without the

permission, license or consent of Plaintiff.

17

70.

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

Plaintiff has no adequate remedy at law.

71.

Plaintiff is entitled to an order preliminarily and permanently enjoining and

restraining the Defendants from engaging in said acts as provided under 15 U.S.C. 1116(a).
72.

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

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

COUNT III
VIOLATION OF 15 U.S.C. 1125(a)
(False Designation of Origin and False and Fraudulent Representations)
73.

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

U.S.C. 1125(a), for false designation of the origin and false description and representation.
74.

Plaintiff repeats and realleges the allegations contained in the foregoing

paragraphs 1 - 72 as though fully set forth herein.

75.

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

false description and false representations in commerce that the Defendants' restaurant is that of
Plaintiff, or is sponsored, approved, authorized by or affiliated with Plaintiff.
76.

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

mistake among consumers and the public as to the true origin, source, sponsorship or affiliation of
the Defendants' restaurant services in violation of 43(a) of the Lanham Act, as amended.
77.

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

restaurant, with the result that Plaintiffs valuable goodwill in its marks will be damaged.
78.

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

18

injury. Plaintiff has no adequate remedy at law for the Defendants' continued acts.
Plaintiff is entitled to an order preliminarily and permanently enjoining and

79.

restraining the Defendants from engaging in said acts.

80.

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

conduct of Defendants.
COUNT IV
VIOLATION OF 15 U.S.C. 1125(d)
(Cybersquatting)
81.

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

fully set forth herein.

82.

This cause of action for federal trademark cybersquatting arises under 15

U.S.C. 1125(d).
83.

Defendants registered and have maintained a website at the domain name

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

84.

Defendants registered and have maintained the said domain name with the

intent to divert customers from Plaintiff and to associate themselves with Plaintiff.
85.

Defendants registered and have maintained this domain name with the intent

to profit from the fame and notoriety of Plaintiffs trademarks.

86.

Upon information and belief, Defendants registered and have maintained this

domain name despite the fact that there is no owner of Defendants' business named "Joe."
87.

Defendants registered and have maintained this domain name despite the fact

19

that they own no intellectual property rights in any portion of the domain name.
88.

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

have acted in bad faith in registering and operating a website at the domain name
<www.littlejoespizzenyc.com>.
89.

Defendants' foregoing activities have irreparably damaged Plaintiff and have

further caused Plaintiff monetary damages in an amount as yet unknown, but if Defendants'
foregoing activities continue, it is believed that the damage to Plaintiff will exceed $5,000,000.
Defendants' wrongful acts have caused and will continue to cause Plaintiff to suffer irreparable harm
for which it has no adequate remedy at law.
COUNTY
VIOLATION OF NEW YORK GEN. BUS. LAW 360-1 and 349-h
(Injury to Business Reputation and Deceptive Business Practices)
90.

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

fully set forth herein.

91.

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

Plaintiff's business reputation.

92.

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

consent of Plaintiff and, unless enjoined by this Court, Defendants will continue these practices and
acts, thereby harming Plaintiff's business reputation and causing Plaintiff immediate and irreparable
Injury.
93.

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

Business Law.

20

94.

Defendants~

foregoing activities have irreparably damaged Plaintiffs

reputation and have further caused Plaintiff monetary damages in an amount as yet unknown, but if
Defendants' foregoing activities continue, the damage to Plaintiff will exceed $5,000,000.
Defendants' wrongful acts have caused and will continue to cause Plaintiff to suffer irreparable harm
for which it has no adequate remedy at law.
COUNT VI
UNFAIR COMPETITION AND MISAPPROPRIATION UNDER THE COMMON LAW
95.

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

fully set forth herein.

96.

The aforesaid activities ofDefendants misappropriate and trade upon the fine

reputation and goodwill of Plaintiff, thereby injuring that reputation and goodwill, and unjustly
divert from Plaintiff to Defendants the benefits rightfully belonging to Plaintiff.
97.

The aforesaid activities of Defendants constitute unfair competition, false

advertising and misappropriation as proscribed by the common law.

98.

The aforesaid activities ofDefendants are likely to result in confusion between

Defendants' pizza establishment and Plaintiff and/or Plaintiffs pizza establishments, and the
establishments of current or future licensees of Plaintiffs.
99.

The aforesaid activities ofDefendants have caused and will cause Plaintiff to

sustain monetary damage, loss and injury.

100.

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

101.

Defendants have engaged and continue to engage in the foregoing activities

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

21

102.

Defendants~

foregoing activities have irreparably damaged Plaintiff and have

further caused Plaintiff monetary damages in an amount as yet unknown, but if Defendants'
foregoing activities continue, the damage to Plaintiff will exceed $5,000,000. Defendants' wrongful
acts have caused and will continue to cause Plaintiff to suffer irreparable harm for which it has no
adequate remedy at law.
WHEREFORE, Plaintiff prays for a judgment against Defendants as follows:

A.

Finding that Defendants have counterfeited Plaintiffs mark JOE'S PIZZA

(Stylized) and JOE'S PIZZA Logo in violation of the Lanham Act, 15 U.S.C. 1114 and Defendants
are thus liable to Plaintiff for treble damages or profits therefore;
B.

Finding that Defendants have infringed Plaintiffs marks JOE'S PIZZA

(Stylized) and JOE'S PIZZA Logo in violation of the Lanham Act, 15 U.S.C. 1114 and Defendants
are thus liable to Plaintiff for damages or profits therefore;
C.

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

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

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

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

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

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

Finding that Defendants' actions constitute unfair competition and

misappropriation under the common law of the State ofNew York and Defendants are thus liable in
damages therefor;
G.

Enjoining Defendants preliminarily during the pendency of this action and

22

permanently hereafter from:

1.

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

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

Using any mark confusingly similar to Plaintiffs registered marks

JOE'S PIZZA (Stylized) and JOE'S PIZZA Logo, including but not limited to Defendants'
use of the mark LITTLE JOE'S PIZZA in any font or style;
iii.

Operating Defendants' pizza restaurant under the business name

LITTLE JOE'S PIZZA or any other name that is likely to cause confusion or in any way be
associated with Plaintiff or with any of Plaintiffs marks or business;
IV.

Misleading the public into thinking that Defendants' pizza business is

associated with, sponsored or endorsed by Plaintiff by, including but not limited to, using
images of Plaintiffs businesses, using images taken at Plaintiffs business in the marketing
and promotion of Defendants' business, and/or making statements to third parties regarding
Defendants which are false or misleading and/or deceptive in an effort to connect Defendants
or their business to Plaintiff or Plaintiffs business; and
v. using the domain name littlejoespizzanyc.com;
G.

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

photographs, promotional or advertising items (including pizza boxes and bags) that infringe the
Plaintiffs marks and/or which Defendants are hereinabove enjoined from using;
H.

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

I.

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

to be trebled;

23

immediately;
J.

Directing Defendants to take down the photographs complained of herein

K.

Directing Defendants to transfer to Plaintiff any and all domain name

immediately;

registrations that include the phrases "joespizza" or "littlejoes", including but not limited to the
<www .littlej oespizzanyc.com> domain name registration;
L.

Directing Defendants to account to Plaintiff for all profits resulting from

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

Awarding Plaintiffs attorneys fees and costs; and

N.

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

and proper.

JURY DEMAND
Plaintiff demands a trial by jury on all facts so triable.
Dated:

New York, New York

December 10, 2014
GOTT IEB, RACKMAN & REISMAN, P.C.

By:__,__ _ _ _ _ _ _ _ _ _ _ __

Maria A. Savio (MAS 7756)

Marc P. Misthal (MPM 6636)
Ariel S. Peikes (ASP 9157)

270 Madison Avenue

New York, New York 10016
Phone: (212) 684-3900
Fax: (212) 684-3999
msavio@grr.com
mmisthal@grr.com
apeikes@grr .com
Attorneys for Plaintiff
24

Exhibit A

Exhibit B

Exhibit C

Exhibit D

~oe~b

Reg. No. 4,333,540

Registered May 14,2013

PIZZA

FAMOUS JOE'S PIZZA, INC. (NEW YORK CORPORATION), AKA JOE'S PIZZA
7 CARMINE STREET
NEW YORK, NY 1oo14

Int. Cl.: 43

FOR: RISTAURA.NT SERVICES FEATURING PIZZA; TAKE-OUT RESTAURANT SERVICES.

lN CLASS 43 (U.S. CLS. 100AND 101).

SERVICE MARK

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

PRINCIPAL REGISTER

NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "PIZZA", APART FROM THE
MARK AS SHOWN.
THE NAME(S), PORTRAIT(S),AND/OR SIGNATURE(S) SHOWN IN THE MARK IDENTIFIES
"JOE", WHOSE CONSENT(S) TO REGISTER IS MADE OF RECORD.
THE MARK CONSISTS OF THE WORDS "JOE'S PIZZA" IN STYLIZED LETTERS.
SER. NO. 85-418,757, FILED 9-9-201 I.
KATHERINE

Acting Dhrtor oru,. Udltd Stotet Ptnl and 'lndemuk o~

STOIDI~.

EXAMINING AI'TORNEY

Exhibit E

Reg. No. 4,402,507

Registered Sep. 17,2013

FAMOUS JOE'S PIZZA, INC. (NEW YORK CORPORATION), AKA JOE'S PIZZA
7 CARMINE STREET
NEW YORK, NY 10o14

Int. Cl.: 43

FOR: RESTAURANT SERVICES FEATURING PIZZA; TAKE-OUT RESTAURANT SERVICES,

lN CLASS 43 (U.S. CLS. lOOAND 101).

SERVICE MARK

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

PRINCIPAL REGISTER

12'3 1: 198.1.
NO CLAIM IS
LA GE ~

MADE TO THE EXCLUSIVE RIGHT TO USE "PIZZA" , ''GREENWICH VIL-

AND s iNCE 1975" ,APART FROM THE MARK AS SHOWN.

THE MARK CONSISTS OF THE STYLIZED MARK "JOE'S PIZZA" CENTERED INAN OVAL;
THE WORDS "SINCE 1975" IMMEDIATELY BELOW THE STYLIZED MARK; THE WORDS
''THE GREEN\\'lCH VILLAGE INSTITUTION"' PLAC ED AT TilE TOP BUT \l'liTIIIN THE
OVAL; AND ~ WWW.JOESPlZZAN YC. COM'' PLACEU AI THE BOTTOM WITHIN THE
OVAL.
SER. NO. 85-667,687, FliED 7-3-2012.
KARh"N BRACE Y. EXAMINING ATTORNEY

Exhibit F

Exhibit G

Columbus Avenue, ncar 86th Street: 7213689), 'rEMPLE CAR (332 LofaycHc
Street~ 925-4242), LANDMARK TAVERN
(626 Eleventh Avenu\!, nt 46th Street;
75i-8595).

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

':

sweaty storefront at the increasingly overrun intersection of Carmine and Bleecker,

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

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

ESSABAGEL

RESTAURANT
To choose. Not the most loved or lovable. Not the homey mom-and-pop shop
!hat makes one huppicsL Not necessarily
pe1-fection, for even the gl'eats suffer an
occasional nen:ous breakdown. Rather,
to choose the consummate in whnt has
become the best rest<turant town in the
worlcL A vcstigi~l respecl for old-world
Lmdition insists that bcsJ connote grand
and proper. Without argument then: LE
BERNARDIN (155 West 51St Street, 4891515 ), the classic best, &~s con1pared to

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

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

For my money-and l mean thnt literally,

as "when nobody else will foot the bill"l'll book one of two big-deal New York
restaurants where J know thal everything
will be 1ight and I can sit back and dine.
The automatic choice is San Domenico,
on Cent11ll Park South, because of .nty
longtime loyalty to and nfl'cction for the
owner, Tony May. ond my unwavering
love of ltalian food. I tr-easure the tu:xun~
ous space at and between tublcs, the
clockwork service, and the refinement of
the risottos, pasl~s. and fish and game
dishes. Executive chef Theo Schoenegger
is about to hnnd San Domenico's everyday
pasta colandet over to Odette Pnda, late
of Los Angeles's Rex, so I'll be watching
the tl'ansition closely.
Por indisputable g1eatness in the
French idiom, and a room so buoyant
that any occasion becomes a Celebration,
first choice is DANIEL (in the Surrey Suite
Hotel, 20 East 76th Streeti zgg.Q033),
rn discuss in my next column how a
three-year-old restaurant that started
brilliantly but chaotically has settled into
democrntic ne~r-perfection. Now any
diner on any day or night wiiJ at least
once, upon putting fork to mouth, wm1t
to yelp with delight. Given the benign in
dulgencc of the staff and the savvy hedonism of the otheJ diners. everyone will
understand.

CORDY KUMMER

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

,,
; ..
,.
.

~'

Exhibit H

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

New Yorkers are sticklers for food traditions, so when Joe's Pizza~ a Greenwich Village institution,
closed in early 2005, pizzaphiles all over the city went into a panic. It didn't matter that a few doors
down on Carmine Street, another Joe's Pizza run by Joe Pasquale, the same Joe of Joe's of Bleecker,
was continuing to serve the exact same pizza in similarly shabby-tight quarters-it just wasn't the
same. Unless you are one of those traditionalists, the Joe's on Carmine will more than suffice. It's
the epitome of what a slice is supposed to taste Jike: thin--crusted, with the proper balance ofbold
sauce and cheese that tastes like cheese, not rubber. Joe's also bakes Sicilian slices and pies, but he
doesn't do fancy pie concoctions, heroes, garlic knots, or other diversions. What you get is
uncomplicated, solid, and very comforting pizza. And because Joe's is so popular, the pizza turns
over quickly, which guarantees a fresh slice. Be prepared to wait on line during busy evening hours.
You probably won't get a seat inside the tiny pizzeria, but take your slice outside and eat it like a
real New Yorker-standing up. - Brian Silverman
Recommended Dishes
Sicilian slice, $2.25

Exhibit I

The ultimate
guide to the
city's
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NOVEMBER 3G-DECEMBER 6, 2006 ISSUE 583 $2.99

TIMEOUTNEWYORK.COM

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pizza taste test

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11

tJne c11arts

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

The perfect pizza, in our opinion, is made in a one-room

'
pizza shop by a man named Domenico DeMarco, who
r\
was born just outside Naples and has been making pies
'
here for more than 40 years (he turns 70 on Tuesday 5).
~- - - His movements are slow and deliberate: He stretches the
dough into an irregular, oblong shape; dresses it with sauce he makes
1B Time Out New York November 30-December 6, 2006

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from both fresh and canned San Marzano tomatoes; carves his own
slices of mozzarella over each pie; then eases the uncooked pizza onto
a wooden paddle and into the heat. When it's ready, DeMarco pulls the
pie out with his bare hands. Then he shreds nuggets offior de latte and
gratesgranapadano on top, drizzles some olive oil and adds a few
~
pinches of fresh herbs (basil and oregano). One bite reveals a hannony
of textures and flavors atop a complex and nutty, charred, crisp crust.
Prepare to wait for a slice: He's been perfecting his art for decades, and
he'snotabouttorushthingsnow.
i

!
I

TIMEOUTNEWYORK.COM

~~ :

I .... Denfno's Pizzeria

) & Tavern

-.;

Joe'B.

7 carmine st

t~=~':!~~~~:'!nd ::)/{ ,;, ~~~~::;.~:~~":"~St

Walker St, Staten Island

.J

' 1182)
...
: /
- ---- ~/!.. ' ' .J. .... .. - -- ...... . .. ...... .... .... , ... ....~: ... : :.~ .

(71.8-442-9401)

.. - .. .. .. .. --.. ..
At this unassuming white-brick tavern, owned
by the Denino family since 1937, it's all about
the crust. The pizza here has the most unusual
bottom we've ever seen-and we mean that in
a good way. Bread crumbs are added to the
crust, rather than cornmeaL A slice is just thin
enough to be crunchy and just strong enough
not to flop if you lift it with one hand. Baked in
a brick oven, the pies showcase the kind of
charred blisters that make pizza lovers
swoon-and they have a perfect balance of
tomato sauce and mozzarella, with a little
oregano sprinkled on top. The company
slogan: "In crust we trust."
.. .. .. .. -

1;:r=raakery

() Joe & P~ats

;J
<. 1758 Victory Blvd

'

w-

. . -. ' '

-~

'

Most of the best old-school pizza joints sell by

thepieonly-noslices.Joe's is that rare
exception: It's a haven for thin-crusted, crunchy
slices, and it doesn't load on too much cheese or
serve reheated gunk (the kitchen goes through
pizzas as fast as it makes them, anyway}. Owner
Pino Pozzuoli prepares sauce every six hours
from fresh tomatoes, adds mozzarella (he'll put
fresh mozzarella on a slice if you want it) and
bakes the pies in a 1960s oven that produces
savory flavors only an oven that old can. Folks
line up to get inside the cramped space-only a
few stools and high tables-and often end up
finishing their slices before they've had a chance
to exit. Boozers, take note: It's open until4am
(Sam on weekends).

.6..

-- --r~~~~~~~~ --

..

~~ - :

\.. ' at Manor Rd,

Staten Jsrand
(718-981-0887)

For some pie makers, the goal is to keep the

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

La~ara's Pizza

tm

, - : ~ ~ . _:)~~
Cafe
;
1
221 w38th St
I
betweenW15thand .( 't 1 ,; . ~.}
. ;
between Seventh and Eighth t :
.~
~ - _ . ::-' . 16thSts,Coneylsland,
\~. ~,;::~if}
Aves(212-944-7792)
.: .. ~
Brooklyn (718-372-8606)
-. ~ -L .. _
_
_ _
................... ..... .... .. ..................................... ...........
If your grandma made pizzas-you don't see
Unlike at most pizzerias, the slices here are
Prior to opening this modest little pizzeria in

~} 533W47thSt
between Tenth and
Eleventh Aves
(212265-5580)

1524 Neptune Ave

.,.

rectangular, don't have a shred of mozzarella

and taste best lukewarm. Baker jim Lahey
makes masterful half. pan, thin-crustpizzas,
as well as doughier six-foot -long pizza
biancas. He converts basic ingredientsdurum wheat, water, sea salt and yeast-into
crusts-and dresses his Roman-style pizzas
with simple toppings like razor -thin potato
slices. The pizza bianca looks like bread to the
naked eye, but one bite reveals an amazing
depth of flavor, redolent with salt, olive oil
and rosemary. It's available to-go only-and
it goes fast.

.i
I

Una Pizza doesn'ttakereservations, but pizza

fans happily line up outside for as long as an
hour-in a neighborhood fu 11 of slice jointsfor owner Anthony Mangieri's pies. This
purist uses only the best ingredients (dough
made of stone-ground wheat berries mixed
with Sicilian sea salt, tomatoes from San
Marzano. extra-virgin olive oil from Southern
Italy and buffalo mozzarella from Naples),
cooked in a wood-burning brick oven. The
resulting pizza is thin, slightly chewy, lightly
charred and crunchy at the outer edge-with
a bit ofsoftnessatthecenterof the pie. With
each bite, you taste a perfectly balanced
s combination of nutty olive oil, sweetly acidic
~ tomatoes, pungent basil and mild, creamy
mozzarella. Come early; pies are served until
~ llpm, or until the dough runs out, whichever
fi comes first

TIMEOUTNEWYORK.COM

1924, Anthony "Totonno" Pero worked at the

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

many female pie makers even today-they

might look something like the ones at this
Garment District gem. The superthin crusts
are rectangular and have crisp raised edges,
with ample char and some nuttiness. Each
slice is covered with delicious, tangy sauce
and a perfect square of melted mozzarella.
Those in the know order the plain pie and try
to snag an extra-crunchy corner slice before
anyone else does.

10

Franny's
295Ratbush
Ave between

Prospect PI and St.

Marks Ave, Prospect

Heights, Brooklyn
( 718-230-0221)

~~~ :t
~.:~

lt is a feat of Gotham-sized proportions that

Franny's, a two-years-young Brooklyn
betweenAustJnand : . -:.~~ phenomenon, draws devoted pizza pilgrims
from across bridges and tunnels-and
BumsSts,ForestHIIJs,
' . :_.:~. ~
Queens (71.8-263-1126)
, ' ~ -~
comparisons to Di Fara and Totonno's. This
modern pizzeria distinguishes itself by
Both the pizza and the place are pristine and combining a progressive food philosophy
(Franny's uses locally sourced, sustainable
inviting. Diners sit in green booths under a
ingredients, like organic eggs from Tello's
pressed-tin ceiling, surrounded by blackand-white photos of old Forest Hills, waiting Green Farm in upstate Red Hook) with
patiently until their salvation arrives-on a traditional oldworld equipment (a woodfired oven) to achieve the crowd pleasing
traditional silver platter. The pizzas are
quaint: The small plain cheese pie, a perfect bubbly, browned pies with chewy, crisp
crusts. Husband-and-wife team Andrew
circle, is slathered with a deliciously zesty
Feinberg and Francine Stephens met while
tomato sauce and covered with melted
working at the organic-minded Savoy
circles of locally sourced fresh mozzarella
restaurant, and they continue to add seasonal
and torn basil. The pizza here has made
owner Nick Angelis a local hero-at least as ingredients to their menu of individually
long he continues to balance his crusts' char portioned pies-but the version with clams,
chilies and parsley is always a hit.
and soft, light interior.
.7.

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

VYbrat TiJp, home slices?

-""-

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

Sicilian-style pie lovers come for

the fluffy square slices draped
with mozzarella cheese and
dusted with pecorino romano.
2725 86th St between 1Oth and
11th Sts, Benson hurst, Brooklyn
(718-449-1230)
Lo:n~td..~ 's:

The city's legendcuy pizzerias

are notnecessarilythe best or
the oldest-but they're
popular. Expect long lines.
:;' ~~ 1!1'0'5

Since 1957, this always-packed

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

6irr:t:.;_i!.t~ : i::~e-n1i:J

This pizzeria was founded in 1990

by Patsy Grimaldi, a nephew of

Patsy Lancieri (the man behind

Patsy's). Some critics say that
standards have dropped. Still, the
joint is crowded, and the coalfired
oven issues a nicely charred pie
topped with fresh mozzarella and
basil.19 Old Fulton St between
Front and Water Sis, Dumbo,
Brooklyn (718-858-4300)
This place was established in 1929

Supposedly, this is where it all

began: Gennaro Lombardi opened
the shop in Soho in 1905-the first
pizzeria in the U.S. We can't vouch
for how the pizzas tasted a century
ago, butthecurrentproductis
inconsistent: It can be delightfully
balanced, or may be oversauced
and undercooked, with a gummy,
droopy crust. 32 Spring St
by John Sasso, who worked at
Lombardi's, but nowadays it's not between Mott and Mulberry Sts
worth the waitto get in. They pump (212-941-7994)
out mediocre pies withgoopy
ru':.'l:'$:
cheese and sauce. The slightly
Pasquale "Patsy" Lancieri, another
charred aus~ however, is still
great 278 Blucker St between Sixth Lombardi's alwnnus, foWlded this
and Seventh Aves (212-243-1680) East Harlem spot in 1933. Here the
sauce is tasty, and the ultrathin
l81 ~'tf!umonJ : .&. i.J J:.L
crus~ charred by acoal-burning
oven, can be beautifully blistered or
Opened in 1939 by Ludovico
justtlat-outburnt.2287FirstAve ~
Barbati, this pizzeria is also a
spumoni shop, takeout operation betweenl17tkand118thSts(212534-9783).-]oshFmdlond
and full-service restaurant.

A piece of history

.
.
A.D. 79 :A.D. 997 :1400s
\ ...

Evidence of ancient flat

flour cakes have been
found in the remains at
Pompeii. Buthowgood
could it have been if there
were leftovers?

:
:

Documents in Gaeta, north

of Naples, record the word
pizza, possibly derived from
thelatinpicea,which
referred to the blackened
bottomofoven-bakeddough.

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

; Italians learn that the

spoiled milk of water
: buffalo is surprisingly
:tasty.

:1500s

:Tomatoes, native to South

America, are brought to
: Europe from the New World
: and add some much needed color and flavor to
: dry, boringflatbreads.

.
:1830
:

:
:

"The world's first pizzeria,

Antica Pizzeria Port'Alba,
opens its doors in Naples,"
according to pizza expert and
Upper West Sider Ed Levine,
inhisbookS/iceofHeaven.
TIMEOUTNEWYORK.COM

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Few things aretastieror

more appreciated than a hot
sliceafteranlghtof

numerous cocktails. We

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

kl-~!~f.i. i"!.J.lHi. 'f:

r.k~.;ll.L !.~:)

1 79 Bedfotd Ave between North

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

64-21 53rd Dr at 65th PI,

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

.~l~:~~'f~ :;~f~~~~~~::.i~o~nds
Oddballs
Even the pizza world has its experimentalists.
~8f:~ trivc., This divey joint offers vegetarian and vegan pizzas-with

spelt, whole wheat and corn crusts-as well as kosher pies. 2578
Broadway at 97th St (212-663-8482)
? i u P. "' ::;l' Krunch makes crunchy, superthin crustkss
rectangular pies; the toppings and sauce are spread out to the very
edges.980SecondAvebetween 51 stand 52nd Sts (212-207-4122)

1 J t r; .i

.! ~~ .:

lt:a:t.

483 Fifth Ave between 11th and

12th Sts, Park Swpe, Brooklyn
1/' o:i: ~; Gigio Palazzo allows his dough to ferment for two to four days,
(718-369-2634)
before carefully pulling it into shape and baking it. The focaccia~like
results are then topped with combos like pumpkin pW'ee and pancetta. HOURS: Open daily until Sam
THE SCENE: "Thewalk-up
198 AllbJ St between Houston and Stanton Sts (212-614- 7252)
window means you don't run the
j' " :.: ; r ' i ,.~ :- c:~; a. .::t.: .:.: ~ ;. r. .'.: i :x..::.The pie is cut into thick,
risk of getting kicked out. Good
pizza and pepperoni rolls, plus a
Sicilian-style rectangular slices and topped with a sweet, brownish
onion sauce and seasoned bread crumbs. More like garlic bread than 'za. slushy machine, within too-easy
reach of the street."
177 Spring Stat Thompson St (212-966-4494)
:: :~: )'"lf,e t-'c f!IJ

Insteadofsellingpizzasbythepieorslice,this
place sells them by weight. A pound of pizza ranges from $7 to $12.
1542 SecondAvebetween80thand81st Sts (212-517-5017); 124
Fourth Ave between 12th and 13th Sts (212-475-4977}
iu.;.. hJ.' t,y; rr.(. Yougettochoosehowmuchyouwantby
the length (four inches minimum; from 50 per inch for a plain pie).

_; ;_, .f,-

416 Park Ave South between 28th and 29th Sts {212-686-5222)
~ ! ts;; ~ : ~ "z V>r.r"r~r;t f:'o~cl

At this vegan haven, vegetarians and the

lactose-intolerant can order crusts consisting of spelt, rice and honey
wholewheat. Toppings include mozzarella made with rice or organic
milk.1413 Second Ave between 73rd and 74th Sts, (212-249-4353)
-Leslie Price

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

rPnv ;;

131 St.MarksPlatAveA

\-

1889

The Queen of Italy declares

her preference for pizza
topped with tomato sauce,
mozzarella and basil-and
the style is named
Margherita in her honor.
TIMEOUTNEWYORK.COM

:1905

lr\ .

:1924

: On Spring Street in Soho, : Anthony "Totonno" Pero,

Lombardi's starts selling a former employee of
: some weird snack called : Lombardi's, opens the
: pizza-believed to be the origlnalTotonno's in
first place to do so in the : Coney Island.
: U.S. It's really good.

590 E 191st St atFordhamRd,

Bronx {718-365-0327)
HOURS: Open until3am
THE SCENE: "Tucked away into
a seeming broken-down car lot
across the street from Fordham
University, they serve pitchers of
beer and have karaoke at any
time of night, plus the best
drunken slices you could ask
for-and Sal, an old Italian dude,
is always there to serve it."
rth, ;t:l: ! '.~' ~ PlZE.-~

173 Orchard Stat Stanton St

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

:1929

: John Sasso, who also

learned at Lombardi's,
: opens his own place John's Piuerla. (Some of
: the original customers
: are still in line for a table.)

:1933

: Patsy's opens in Harlem.

It establishes the
: standard for good pizza
: uptown-and sets the
stage for many trademark: infringement lawsuits.

November 3~December 6, 2006

nme Out New York21

Piwz

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

It doesn't get much more loca I

than this: Forni no owner and
chef Michael Ayoub makes the
mozzarella and grows the
vegetables and herbs that grace
his pies. He doesn't hold back on
the toppings, either; it's not rare
to taste four premium
ingredients-prosciutto,
asparagus, fontina and fresh
mozzarella, for instance-in one
bite.l87 BedfordAve between
North 6th at~d 7th Sts,
Williamsburg, Brooklyn;
(718-384-6004)
No wood-fired or coalburning
ovenshere-justasmokin' grill.
Chef-owner Vincent Scotto
makes thin-crusted grilled pies
that rock unique combinations
like sweet com with mashed
potatoes, Bel Paese (semisoft
Italian cheese) and Romano
cheeses.140 W 13th St between
Sixth atzd Seventh Aves (212645-4606)

Owner Robert Benevenga's roots

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

Cheap and che_

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

(212-995-9559)

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

The average cost of an NYC slice stays in eerie lockstep

with the price of a subway ride, but what happens when you
go lower?
.:: ; .15 Halal Pizza A Bakery {521 Eighth Ave at 36th St,
212-695-2500)
Servedpipinghotoutofastreetwindow,theslicesaresurprisinglycrisp,
butthe tomato sauce was underseasoned; add red-pepper flakes liberally.
-~ :- "-'-" Two Guys Pizza (517 36th St between Tenth and Eleventh
Aves, 212-971-9600)
Nonexistent crispness and lacklustersauce is saved by theadditioi} offresh
shredded mozzarella. ''Two Guys,'' by the way, is a misnomer: One man and
one woman served us at this tiny, standing-room-only takeout joint.

::.-. 99~ Fresh Pizza (569 NinthAveat41st S~ 212-468-1461)

The mind reels at how they can afford it ("Volume,'' offered a server}, but
this place makes good on its promise. The crust is soggier than that at
Halal, butthesauceistangier.There are worse ways to fill up fora buck.
_.- :'1. : Crocodile Lounge (325 E 14th St between First and Second
Aves, 212-4777747)
Technically, it's freewitha pint or well drink. This vaguely sports-barlike destination is part of a free-pizza minifranchise (see below).
Crocodile's'piesare cardbordesque: "It won't be on the cover of Pizza
magazine," our server admitted defiantly. We loved her.
;w;~ :~:--: Alligator Lounge {600 Metropolitan Ave between Leonard
andLon"mer Sts, WiJJiamsburg, Brooklyn; 718-599-4440)
Aspicier pie, worth topping with pepperoni (which costs $2).
Occasionally, the wrong bite evoked a gulag in a salt mine, but that's the
price you pay for not paying a price (besides the drink fee).

A . .:: Capone's {221 North 9th St between Driggs Ave and Roebling
St Williamsburg, Brooklyn; 718-5994044)
The black -lit decor suggested an unfortunate time capsule more than
retro kitsch, but Capone's was the clear winner in the free-pie-for-adrink department. The balance of sauce and cheese was admirable, and
the crust had a crunchy bite-back.-]oshuaRothkopf
'l

1943

Ike Sewell and his

partners invent deep-dish
pizza at Uno's in Chicago.
Though it's tasty, most
New Yorkers insist it's
not real 'za.

:1950s offer :1972

:

: Some NYC pizzerias

The Clean Air Act limits the
:free anchovies; hence, the : useofcoal-burningovens.
need to request "no
Owners of wood-burning
: anchovies"arises.
: ovens say their stuff
tastes better anyway.

22nme Out New York November30-December6. 2006

'1;. ;

'l

:1984

:2004

: All Italian organization known

asthe"pizzapolice"
: (AssociazioneVerace Pizza
: Napoletana, or AVPN)
forms to ensure authentic
:Italian style.

: Old-school, thin-crust pizza

makes a strong comeback
: in places like Una Pizza
: Napoletana, Centopizze,
Abbondanza's and Posto.

TIMEOUTNEWYORK.COM

Exhibit J

'Gro~ingJ

maya is
re-elected
The mayor of a wealthy
Lo118 Island cO!Ilmaaityor fondliaF bumaid and three fem.ale
aecu~d

yxht<:lub ~~~emben In
~rate boou-fueled in
cidenu - has been Jt-o

elected to hls post.

Willlam Kelly, 66, a

wW!hy bualni:SSIIWI who

has been mayor of the tiny

waterfront Vilbae or Asbarobn iJI Suffolk County
for 24 year$, won in a
lambllde, witb 67 percent
o(408\'0tcs.

'l11e challenger, lawyer

AliDa Scric:ea. cpecif~eally

ran em the cbara~er issue.
"lthiDk n'elfOPC ia kiod
of prrplexecllly what the
voters meant by their dtcllion to r~m Bill

Kellyt Sc:ricallllicJ.
1bt mayor dcelincd IO

COQIIIlllDt.

Kelly, a DWried father of

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

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

~~s~:=

off.
Kelly insisted tlut he

toucbed the 21.-e:arDid

=~he~~~

!'!~~~;:;:

!i::

tim.
The mayor did not clny

llw he pbbed tlw 11'0111an' bre.UtJ but claimed it

happeaed years. euliet. He

uiif he'd beea clriDkiD,g at
the dme and rtmembers
ooly that
&lases were

my

knocked aff.

.kierGII Crowley

'Tart mart'

gal in court
A aleoder brunette
beauty hu beeoJIIe tbe
fim alleged WI. ~1 to be
ladlcted Jor pmstuution ill
the BraziliaD bombshell
brothel cue lhlt's beeD
f.dliDg tbe lablolds 1rilh bl
JdD1 pictures over the last
week.
Accused escort Marta
Nopep. ~. showed 11p in
eanrt yesterday wearing a
dimcY black dress. teetrriniiJ hfsb heels and a
chestout broWll ponytail
chat reacbcd to the SJIIII)

oCberb.ek.
Mmbattao prosecuton
Notrea was oa the
hiP-priCed IQIIDU It the

say

West 58th Street brothel

resldeoct of BrulllmborD Aodn Schwartz.

Lazua.Italiano

19

SMACK!
DowN;I

Exhibit K

The best way to enjoy New York is

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

Advance purchase required.

Tours usually sell out In advance!

Buv 1ar.l\eh

By 1900, several "little ltalies

spotted New York's five boroughs
but the most famous remains in
Manhattan's Lower East Side. It
was here that new citizens would
settle, as it was the first bit of land
many would touch after a long immigration process at Ellis Island. The streets once
overflowed with peddlers and fruit carts as the tenement buildings teemed with the
disillusioned, transplanted from home and in search of a better life. It was here lhat a
peasants' meal called "pizza made its debut in America.

on;,:l

\.wl!ll~
~--!

Check availability and buy tickets:

i\ c"" Yn1 ;;, C t~ s Pi r ''il s l , u_
t ew Yc.6 C.t,s_ l-'i:ac. \.-.:~ l i dn::. our

To purchase by phone, call Zerve al:

212.209.3370 or 800.979.3370

The NYC Pizza Walk focuses on pizza from a historical perspective. We'll start at
America's oldest pizzeria and continue to follow pizza's rise to ubiquity block by
block. Talking about pizza makes me hungry, so we'll have slices at three of New
York's most significant pizzerias in little Italy and Greenwich Village.
After a Pizza Walk, you'll have a renewed appreciation for this modest dish and the
people who introduced it to the masses. Just remember to wear comfortable shoes!
Includes:

A 3-hour walk through pizza history

Slices at three of the most significant pizzerias in New York
Sights of Little Italy and Historic Greenwich Village
Your very own Pizza Journal and goody bag
Guidance by a certified Pizza Enthusiast and licensed tour guide

Does Not Include:

Beverages
Toppings (we keep it simple)
Walking sticks
Duration: 3 hours
Cost: $33 general admission
Walking Distance: 1.5 miles

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

Buy Tickets al Zarve

Tour Descripi!Dns

Freouently Asked Oyestions

About Scott

http://www .scottspizzatours. com/p/tourdescriptions/wlbyfoot/

Con\acl

12/6/201(

;~

I~

i
I

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

America's first licensed pizzeria continues to produce perfectly

charred pies just as it did over a century ago.

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

see photos of the tour in action!

Situated in East Harlem, this pizzeria churns out paper-thin

slices from its 1933 coal-burning brick oven.

This is the original Brooklyn pizzeria, owned and operated by

the same family that opened it in 1924. The fresh mozzarella,
fruity sauce and delicate crust are unbeatable.

Of the 64 Ray's pizzerias, all of whom claim to be the original,

this spot lays the strongest claim. Even if it wasn't the first, you
can't argue with their classic New York slices.

i" l r . :

This coal-burning oven revival serves up incredible pies using

ingredients imported from Italy. Each patch or mozzarella is like
a fallen cloud from Heaven.

The Bronx may seem like a foreign country to Manhattanites,

but once you taste Patricia's, you'll make plans to visit more
often.

A true classic, this neighborhood pizzeria is a must-eat nestled in the suburban

Bronx. The sausage chunks are HUGE!

http://www .scottspizzatours. com/pipizzerias/

12/6/201(

-o- - --

Located under the elevated train in Queens,

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

o;t;:ll~! i

await you in the back.

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

If Kevin Spacey, Kevin Bacon, Ben Affleck and thousands of

New Yorkers are right. Joe's is the greatest slice of pizza in the
world.

Fornino's special dough blends of three types of flour. which

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

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

r i.u.f..l S:.t- 1

fLc:

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

.~['.. d (- i.-" , .ir

This pizzeria is truly a treasure of Bensonhurst, Brooklyn. Their

revolving deck oven bakes landmark pies that will send your
taste buds on vacation.

Open since 1930, this Sam's is one of Brooklyn's oldest

pizzerias. The coal-turned-gas oven bakes some of the most
classic pies you'll ever taste.

Buy T1ckets at Zerve

2010 Scott's Pizza TotJrs

Tour Descrip!lons

Frequently Asked Questions

Site des1gn by Kns11na

About Scott

Contact

S~1

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

12/6/201(

Exhibit L

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https://who .i s/whois/littlejoespizzanyc.com

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

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Save Domain To Dashboard

Record information last updated 2 seconds ago

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Overview for littlejoespizzanyc.com

Site Status

Registrar Info
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Whois Server

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Referral URL.

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lP Address

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Status

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active

clientTransferProhibited, clientUpdateProhibited

Important Dates
Expires On

November 13,2015

Registered On

November 13, 2014

Updated On

November 13, 2014

Traffic Info

Name Servers
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Domain Name: LITTLEJOESP IZZA!:YC. COM
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2 of2

11 /24/2014 7:24PM

ExhibitS

Veteran of Slice Joint Classic Joe's Pizza Now Helms the Oven at the Un...

by

http://ny.eater.com/2014/11/24/7275149/little-joes-pizza-opens-in-east-vi. ..

, Nov 24,2014

Welcome back to Consumed, a video series in which Editorial Producer Kat Odell combs Manhattan and the sunounding areas for one-of-a-kind eats and
drinks.

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, Nov 20,2014

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,Nov 19,2014

Welcome back to Savvy, an instructional video series lead by food's best.

Leaderboard (:leaderboard, :tablet_leaderboard, :mobile_leaderboard)

Veteran of Slice Joint Classic Joe's Pizza Now Helms the Oven at the
Unrelated Little Joe's Pizza
Nov 24 2014, 3:04p

by

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3 of8

11124/2014 7:06PM

Veteran of Slice Joint Classic Joe's Pizza Now Helms the Oven at the Un. ..

bttp://ny.eater.com/2014111 /24/7275149/little-joes-pizza-opens-in-east-vi ...

Little Joe's ti_~~'-!

Sergio Ramirez
Don't miss stmies. Follow Eater NY
Like

Follow

138K followers

A fonner employee ofthe West Village institution is slinging pie at a new rival pizza shop, which claims to be totally different than the original, despite the
name.
A new pizzeria called Little Joe'sl.!_<_t ~_i_!Jl_Q_l_.,:_~l_ll i:' l_,-~' c nu c in l hl I .t-.\ ~'lll~.g~,in the space that last housed organic, GMO free pizzetia zPizza. While EV
Grieve repmted that th e: proprietor.. wen. funner employees of the iconic Joe's Pizza on Catmine Street, the official word from owner Natalia Ramirez is
somewhat different. Mrs. Ramirez claims to be the sole owner and that her husband, Sergio Ramirez, who slung pies at Joe's for 13 years, is now working the
ovens at Little Joe's, but is not an owner.
Mrs. Ramirez was quick to distance herself from any connection to the West Village institution. While th e menu at Little Joe's is admittedly more expansive
than that of Joe's, with heroes, pasta, and even burgers on it, the choice of the name does muddy the waters. But in any case, the only truly crucial question
here is: how do those slices stand up to Joe's? Little Joe's Pizza, 26 1st Avenue, East Village

4 of8

11/24/2014 7:06PM

Exhibit T

More

Next Blog

Create Blog

Sign In

EV GRIEVE
EV GRIEVE IS AN EAST VILLAGE BLOG WHERE YOU ' LL FIND LOCAL NEWS ON THE REAL ESTATE ,
RESTAURANTS AND RESIDENTS OF THE EAST VILLAGE NYC.

MONDAY, NOVEMBER 24 , 2014

'

NAMED BEST LOCAL WEBSITE NEW

YORK 2014 BY THE VILLAGE VOICE
.

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NAMED ONE OF THE ESSENTIAL NEW

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THE MUST- READS: 22 ESSENTIAL NEW YORK
NEIGHBORHOOD BLOGS

BY THE WAY

The pizzeria opened Friday at 26 First Ave. just south of East Second
Street.
The proprietors are all veterans of the original Joe's Pizza on Carmine

Here, you'll find things th at you may

or may not be interested in about the
East Village and other parts of New
York City. Appreciating what's here

Street ... and struck out on their own.

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

\Vhile it's still here. Re1nembering

\Vhat's no longer here. Wishing smne
things weren't here that are here.

The space was previously home to zPizza, which was not related to
WE LOVE TIPS

ApizzA.

Updated 6:45p.m.
Eater has more details about Little Joe's.
Natalia Ramirez is the sole owner and her husband, Sergio Ramirez,

Have a story idea or tip about

something happening in the East
Village? Or maybe a photo? Or several
photos? Or video! We'd love to hear
about it. Or see it. Or something.
Please go here to submit a tip.

who worked at Joe's for 13 years, "is now working the ovens at Little
Joe's, but is not an owner."
SHARE

r/:

NAMED BEST NEIGHBORHOOD BLOG

IN THE FIRST ANNUAL VILLAGE
VOICE WEB AWARDS

POSTED BY GRIEVE AT 4:57AM

LABELS: LITTLE JOE'S PIZZA, PIZZA

16 COMMENTS:
Anonymous said...
I'm a little confused--are they still affiliated with Joe's? And if
not, how are they able to use the name? The low slice p1ice
suggests they are independent of Joe's. Either way, I like the
original Joe's, so I'll try it.
NOVEMBER 24, 2014 AT 9:31AM
RECENT COMMENTS

Giovanni said...
This is good news, but I see a Ray's Pizza trademark war in the
works. Maybe if they went with Famous Little Joe's or Original
Famous Little Joe's no one would notice.
NOVEMBER 24, 2014 AT 12:45 PM

Anonymous said...
I tried to go yesterday (Monday) after learning about it here. It
wasn't open at noon or at Spm.
Fail.
NOVEMBER 25, 2014 AT 9:50AM

Anonymous said...

Rubygirl cmn1nented on Out And

About In East Village Part 1: I think
what's missing now is the affordable
rents that allowed someone to pursue
their work ...
Anonymous commented on A Bar
Called Mattys In Works For Idle: will
the pride parade be re-routed through
the east village?does the east village's
most recent ...
Anonyn1ous comn1ented on Bennys
Burritos Is Closing Will Offer:
Regarding Odessa---! went there and
the man named Willie was very rude
to rne for no reason and the ...

You say the employees are all former employees of Joe's? I went
in there and didn't recognize a single person. If they are
connected, wouldn't there be a photo or something? You mean
that delivery boy? Are you actually quoting Ms Ramirez? All
smells fishy to me.
NOVEMBER 26, 2014 AT 3:39PM
Anonymous said...
I think their pizza is actually better than the "Famous Joe's." Its
LITTLE JOES PIZZA go bother someone else. Im glad they
came to my neighborhood and have free delivery! Double win!
NOVEMBER 27, 2014 AT 9:02PM
Anonymous said...
I walked in Wednesday around 3 o'clock and clearly saw a
paper in the store stating that Little Joe's Pizza isn't part of the
Famous Joe's on 7 Carmine. I walked in not because I thought
they were related but because I wanted pizza. By the way the
environment was great and very friendly workers.
NOVEMBER 27, 2014 AT 10:00 PM
Anonymous said ...
Working one place then starting your own place is ok. Trying to
rip off business by pretending you are the same place sucks.

Anonymous commented on City

Deems East Village Bed Coffee: Why
did all the comments turn into a
forum on AirBnB? I thought this story
was about a 16 year old...
Anonymous commented on Dba Is
Temporarily Closed For: So let's get
this straight - he gets bumped to the
front of the CB 3 meeting, gets treated
with ...
TayX2 commented on Simone Martini
Bar Has Closed: Ever notice that
when a business closes, it is mostly
replaced by a bar. And when a bar
closes, it ...
Anonymous con1mented on Tough
Times For Desserts On 2nd Avenue:
Red Mango, Pinlcberry,.froyo and
dessert shops, belong in a mall. But
the neighborhood and NYC have ...
Anonymous comn1ented on A New
Old Awning Arrives At Holiday: I am
glad to see they are keeping the name!
j Get Recent Comments Widget

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

Same holds true for the kid who worked at the mud truck then
started his own truck, painted it the same color orange and
parked at Union Square.

3
Tweet

NOVEMBER 27, 2014 AT 10:59 PM

Anonymous said...

NEITHER MORE NOR LESS (200620 11}

Joe's pizza are only famous because "Joe's" is the most common
most generic most popular name for a pizza shop, and I seen a
few places called Little Joe's pizza too ... what the beef here? Are
they mad that their former delivery guy is at another spot now?
Can the dude live? Or did Joe's copyright oxygen?
NOVEMBER 27, 2014 AT 11:52 PM
Anonymous said...
I live down the block, I never been to Joe's on carmine but I
SITES OF NOTE

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

Jeremiah's Vanishing New York

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

The Grumbler

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

Neither More Nor Less

got yourself a patron.

Nadie Se Conoce

NOVEMBER 28, 2014 AT 12:01 AM

Flaming Pa bl urn
The Vanishing City

Anonymous said...

Save the Lower East Side

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

Mosaic Man Trail

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

Runnin Scared/Village Voice

doing homework with my son over pepperoni slices after

EVHeave

schooL

New York Shitty

NOVEMBER 28, 2014 AT 12:50 AM

City Room
New York Observer/Real Estate

Anonymous said...

STUPEFACTION

Eater writer sounds a little biased.

BoweryBoogie

NOVEMBER 28, 2014 AT 3:48AM

Anonymous said...
Nick Solares did sound somewhat biased. Joe's is a super
common name for a pizza shop, there is no way I would mistake
them for affiliates. (Too many Joe's pizzas in this city).

Jefferson Siegel
NEWYORKINTHE 1990's PHOTO
ARCHIVE
John Kobeck Photography
Nonetheless (former Esquared)
TheLo-Down
GammaBlog

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

East Village Radio

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

Gog in NYC

the atmosphere it feels like a family business.

Tripping With Marty

NOVEMBER 28, 2014 AT 10:01 AM

Marty After Dark

Occupy East 4th Street

Anonymous said ...

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

jdx

NoHoNews

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

Steven Hirsch

about.

Crustypunks
Off The Grid/GVSHP

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

Jmnes Maher Photography

EV Transitions

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

ridiculous as Nestle's CEO saying that the planets water should
only belong to companies.
NOVEMBER 28, 2014 AT 5:02PM

NY Through the Lens

The Space at Tompkins
NYC tl1e Blog
The Bowery Boys
Twerking Hard in the East Village

Anonymous said...

Hotel Chelsea Blog

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

Ephemeral New York

Who wrote this?

This Ain't the Smnmer of Love

NOVEMBER 28, 2014 AT 7:23 Pl\1

Bank the Nine

The Shadow
The Villager

Anonyn1ous said...
Ive been getting slices on carmine street for years. i went to
Little J oes sort of excited when I saw this article thinking

Curbed
Eater

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

The Real Deal

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

Gotha mist

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

Lost City

has never been to joes on carmine because they are

Forgotten New York

DEFINITELY trying to seem as if they are affiliated.

Blah Blog Blah

NOVEMBER 30, 2014 AT 8:36PM

Greenwich Village Daily Photo

Blog About Town

Anonymous said...

NYC Taxi Photo

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

East of Bowery
Scouting New York

DECEMBER 1, 2014 AT 5:06 PM

Nathan Kensinger Photography

Fine Blog

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RIP ucks con 2nd Avenue

Week in Grieview
Getting ready to walk among the
cookies
Christmas-themed bar Miracle

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Exhibit W

GOTILIEBI RACKMAN & REISMAN, P.C.

COUNSELORS AT LAW

DAVIDS. KASHMAN
ALLEN 1. RUBENSTEIN
JEFFREY M. KADEN
TIBERIU WEISZ
MARIA A. SAVIO
MARC P. MISTHAL
BARRY R. LEWIN
MITCHELl S. FELLER

PATENTS TRADEMARKS COPYRIGHTS INTELLECTUAL PROPERTY

270 MADISON AVENUE

NEWYORK, N.Y. 10016-0601
PHONE: (212) 684-3900 FACSIMILE: (212) 684-3999
WEB: http://www.grr.com E-MAIL: fnfo@grr.com

COUNSEL
DIANA MULLER'

DONNA L MIRMAN
BARBARAH.LOSWINTHAL
ARIEL S. PEIKES
SAMANTHAG.ROTHAUS
JONATHAN M. PUROW
JASON ll WACHTER
PATENT AGENT
ZOYA V. CHERNINA
OF COUNSEL
GEORGE GOnLIEB
JAMES REISMAN

'MEMBER 01' THf BAll

OI'AROE!>lnNAONL.Y

November 25,2014
BY HAND AND FEDERAL EXPRESS
Little Joe's Pizza
26 First Avenue, East Village
New York, N.Y. 10009
Attention: Sergio Ramirez!Natalia Ramirez/ Owner/Landlord
Re:

Famous Joe's Pizza, Inc. Infringement

Dear Sirs:
We are counsel to Famous Joe's Pizza, Inc., aka Joe's Pizza, located at 7 Carmine Street,
formerly at 233 Bleecker Street in Greenwich Village, NYC. As you may know, our client has
operated a pizza restaurant first at Bleecker and then at Carmine since about 1975. More
recently, our client expanded its business to an additional location at 14th Street near 3rd Avenue
and is contemplating further expansion in New York, in other states and abroad. Given its long
standing business and quality pizza, our client has developed extraordinary fame and has been
featured in ad campaigns such as for the TV Series Sex & the City, Nike, as well as in in movies
and films including prominently in the motion picture film Spiderman 2. Our client has won
much acclaim for its pizza, and is highly rated as among the best pizza establishments in New
York, with customers coming from far and wide to have a JOE'S PIZZA pizza slice. That fame
and acclaim is apparent in the food critic and customer reviews written about our client and its
pizza.
It has just come to our client's attention that your business recently changed its name
from ZPIZZA to "LITTLE JOE'S PIZZA" and partnered with an employee of our client: Sergio
Ramirez. In that regard, we enclose as Exhibit A an Eater New York Article dated yesterday
which talks about said new pizza restaurant in the context of the business of our client and shows
a photographic image of Mr. Ramirez at our client's restaurant, and is titled to suggest that Mr.
Ramirez is at the helm of the pizza oven, as it suggests he was our client's establishment. Also
enclosed is an evgrieve.com article Exhibit B showing an image of the signage of your new
pizza business, which we understand opened this past Friday, where you can immediately see
that the signage uses a substantially and confusingly similar the famous Script Logo of our
client's business, which logo is federally registered in Reg. No, 4,333,540. See Exhibit C and
the image below:

Little Joe's Pizza

November25, 2014
Page2

l)oe'b PIZZA
That article reports that the proprietors of the newly opened establishment are veterans' of Joe's
Pizza of Carmine Street. You can see that a customer has already posted a message saying he is
confused by the connection with our client's business but would try it because he likes our
client's pizza.
Further, it's our understanding that in the location you have photos of our client's
business, many of which one also sees on your new website at ww-w.littlejoespizzany.com. The
15 photos appearing on your website of Mr. Ramirez where all taken in the context of his
employment with our client and one can see, in many of the photos, our client's celebrity
customers, our client's business location, and well as our client's logo: JOE'S PIZZA & Design
on the T-shirt of Mr. Ramirez, which logo is also federally registered at Reg. No. 4,402,507 as
reproduced below:

A copy of said federal registration is annexed as Exhibit D. The 15 photos used on your website
are annexed as Exhibit E. Photos of your business location are annexed as Exhibit F. It is
apparent that you are intentionally and willfully attempting to draw a connection between our
client's business and your business, so as to trade on our client's goodwill and reputation, and
unfairly compete with our client. Such conduct will not be tolerated.
Customers seeing your location, be that the physical location or the web location
(including your Facebook page), or your press coverage, will undoubtedly believe that there is an
association between you and our client, or some other form of sponsorship or affiliation, when in
fact there is none. We have no doubt that your name change or adoption was done to take
advantage of the recognition and goodwill developed by our client and to confuse customers into
believing that your establishment is a branch of our client's business. The association and/or
confusion of your business with that of our client is exacerbated not just by the use of our client's
trademark and logo, but also by the use of photos and other media belonging to our client.
The injury caused by your conduct is irreparable and, unless immediately halted, is
highly likely to divest our client of its long established goodwill. In our view, your conduct
constitutes false advertising and violates 15 U.S.C. 1125(a) of the Lanham Act, constitutes
trademark infringement under 15 U.S.C. 1114, and violates New York unfair competition and
other state law. Moreover, your use of the exact replica of our client's JOE'S PIZZA logo in you
photos is an act of counterfeiting, exposing you to treble damages, criminal fines and penalties.
We have additional personal claims against Mr. Ramirez, a faithless employee.

Little Joe's Pizza

November 25, 2014
Page 3
Given our client's longstanding and prior use of JOE'S PIZZA to identify its businesst
we must demand that you:

l)

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

2)

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

3)

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

4)

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

5)

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

Our client is acting to protect its rights in its mark and trade name JOE'S PIZZA. Our
goal is to avoid irreparable injury to our client's business and to stem consumer confusion. We
have been authorized to take whatever legal actions are available to our client to halt your
unauthorized trading on our client's goodwill.
We look forward to your immediate confirmation that you will desist from all of the
offending uses of JOE'S PIZZA outlined above. Unless we have received a written response
from you by Monday. December 1, 2014 advising that these offending uses have all ceased at
least as of that date, we will assume that you will continue your offending conduct and will take
all necessary steps to protect our client's interests, including commencing a federal action
seeking a temporary restraining order and preliminary injunction, and treble damages for the
harm caused our client.
The foregoing is written without prejudice to all of our clients' rights and remedies in this
matter.
Very truly yours,
GOTTLIEB, RACKMAN & REISMAN, P.C.

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

-"""'i----A_~_"~J_)_i_h_-~.,. . ;. . ._/"=- [;'. ~o .: ;1- :-_J

__

Maria A. Savio
Marc P. Misthal

EXHIBIT A

Veteran of Slice Joint Classic Joe's Pizza Now Helms the Oven at the Un...

http://ny.eater.com/20 14/11/2417275149/little-joes-pizza-opens-in-east-vi...

Little Joe's Pizza

Sergio Ramirez
Don't miss stories. Follow Eater NY
Ukl l. J~{ 1381( followers J

A former employee of the West Village institution is slinging pies at a new rival pizza shop. which claims to be totally ditl'erenl than the original, despite the
name.
A new pizzeria called Little Joe's has opened on Ist Avenue in the East Village. in the space that last housed organic, GMO free pizzeria zPizza. While EV
Grieve reported that the proprietors were fomtcr employees of the iconic Joe's Pizza on Carmine Street, the official word from owner Natalia Ramirez is
somewhat different. Mrs. Ramirez claims to be the sole owner and that her husband, Sergio Ramirez, \\o'ho slung pies at Joe's for J3 years, is now working the
ovens at Little Joe's. but is not an owner.

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

4 of8

11 /24/20 14 7:06 PM

 Veteran of Slice Joint Classic Joe's Pizza Now Helms the Oven at the Un...

http://ny.eater.com/20 I 4111124/7275 149/little-joes-pizza-opens-in-east-vi...

by Vox Studios, Nov 24.2014

Welcome back to Consumed, a video series in which Editorial Producer Kat Odell combs Manhattan and the surrounding areas for one-of-a-kind eats and
drinks.

\Vatch LA Chef Curtis Stone Plate His Entire Maude Menu in 60 Seconds
by Vox Studios. Nov 21. 2014

Coast through Los Angeles restaurant Maude's tasting menu in 60 seconds.

Robots Cook Food and Shake Cocktails, What's Next?

by Vox

Studios, Nov 20,2014

Could robots one day replace chefs'!

Ace the Ultimate Thanksgi,,ing Turkey \Vith Andrew Carmellini

by Vox Studios, Nov 19,2014

Welcome back to Savvy. an instructional video series lead by food's best.

Leadcrboard (:leaderboard. :tablet_leaderboard, :mobilc_leaderboard)

Opening Alert

Eil~tYill!!&t

Veteran of Slice Joint Classic Joe's Pizza Now Helms the Oven at the
Unrelated Little Joe's Pizza
by Nick Solares Nov 24 2014. 3:04p .r,f'!Nick Solares I ConunenL

3 of8

Share(10)

11/24/2014 7:06PM

EXHIBITB

EV Grieve: Little Joe's Pizza now serving up slices on 1st Avenue

http://evgrieve.com/20 14/11/1 ittle-joes-pizza-now-serving-up-slices.htm I

BY THE WAY

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

Street.
The proprietors are all veterans of the original Joe's Pi2za on Carmine
Street ... and struck out on their own.
A slice is $2.25. Find the whole menu here.

Here, you11 find things that you may

or may not be interested in about the
East Village and other parts of New
York City. Appreciating what's here
while it's still here. Remembering
what's no longer here. Wishing some
things weren't here that are here.

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

Api1.1A

'-:

~!'_~~'\--;..;-:_ :

POSTED BY GRIEVE AT 4:S7 4M

lo\BELS: LITTLE JOE"S PIZZA, PIZZA

Have a story idea or tip about

something happening in the East
Village? Or maybe a photo? Or several
photos? Onidro! We'd Jo,e to hear
about it. Or see it. Or something.
Please go here to submit a tip.

COMMENTS:
Anonymous said...

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

not, how arc they able to use the name? The low slice price
suggests they are independent of Joe's. Either way, I like the
original Joe's, so I'll try it.

NAMED BEST tiEICiHBORHOOD HOG

IN THE FIRST ANNUAL VILLAGE
VOICE WEI! AWARDS

NOVEMBER 24, 2014 AT 9:31AM

1 of 12

11/24/2014 7:09PM

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

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

Anonymous at 3:49 is absolutely

correct. My inside source had
adua/ly heard the tapes. I took this ...
Crazy Eddie commented on Ugh 110
Year Old Derobertis Pasticceria: For
ym 1tewbies,from myjriend's
(retired law enforcement) '71~e EV
Mafia~...

Crazy Eddie commented on Ugh 11 o

Year Old Derobertis Pastirceria:
Follow-up to my previous post. We11t
back and talked to Dana. Dana, a
generation Y woman, told me ...
Anonymous commented on Ugh 110
Year Old Derobertis Pasticccria: It's
their business. It's their decision to
close. Finding "right-minded
people"...
Anon)1nous commented on Ugh no
Year Old Derobertis Pasticccria:
Joimny stmy that they didn't tell you
in the interview at Bowery a11d
Bedford: that DeRobertis ...
1 Cer

R~t

C.ornmenls Wid!l"l

NEITHER MORE NOR LESS

(2006 20111

2 of 12

11124/2014 7:09 PM

EXHIBIT C

~oej)

Reg. No. 4,333,540

Registered May 14, 2013

PIZZA

FAMOUS JOE'S PIZZA, lNC, (NEW YORK CORPORATION), AKA JOE'S PIZZA
7 CARMINE STREET
NEW YORK, NY IOOI4

Int. CJ.: 43

FOR: RESTAURANT SERVICES FEATURING PIZZA; TAKE-OUT RESTAURANT SERVICES.

IN CLASS 43 (U.S. CLS. 100 AND 101 }.

SERVICE MARK

FIRST USE 1231-1983; TN COMMERCE 12-31-1983.

PRINCIPAL REGISTER

NO CLAIM IS MADE TO TilE EXCLUSIVE RIGID TO USE "PIZZA". APART FROM TilE
MARK AS SHOWN.
THENAME{S), PORlRAil(S),AND/ORSIGNATURE(S) SHOWN IN Tim MARK IDENTIFIES
"10E", WHOSE CONSENT(S) TO REGISTER IS MADE OF RECORD.
THE MARK CONSISTS OF TIIE WORDS "JOE'S PIZZA" IN STYLIZED LETTERS.

SER. NO. 85418,757, FILED 9-92011.

KATtmRINE STOIDE..'>, EXAMINING ATTORNEY

EXHIBITD

Reg. No. 4,402,507

Registered Sep. 17, 2013

fAMOUS JOE'S PlZZA, INC, (NEW YORK CORPORATION), AKA JOE'S PIZZA
7CARMINESTREET
NEW YORK, NY 10014

Int. CI.: 43

FOR: RESTAURANT SERVICES FEATURING PIZZA; '.IJ\KE-ouT RES1AURAN1' SERVICES,

IN CtASS 43 (U.S. CIS H)() AND 101 ).

SERVICE MARK

FIRST USE 3-0-2012, THE MARK WAS FIRST USEDANYWY.ffiRE IN A DIFFERENT FORM
OTHER TIIAN THAT SOUGHT TO BE REGISTERED AT LEAST AS EARLY AS 1213111983;
IN COMMERCE 3-02012, THE MARK WAS FIRST USED IN COMMERCE IN A DIFFERENT
FORM OTHER THAN THAT SOUGHT TO BE REGISTERED AT LEAST AS EARLY AS
12131/1 983.

PRINCIPAL REGISTER

NO CLAlM IS MADE TO TilE EXCLUSIVE RIGHT TO USE ''PIZZA\ "GREENWICH VILLAGE" AND ~siNCE 1975",APART FROM THEMARKAS SHOWN.
THEMARKCONSISTSOFTHE ST YLlZEDMARK ~JOE'SPIZZA"CENTEREDINANOVAL~
THE WORDS "SINCE 1975'' IMMEDIATELY BELOW THE STYLIZED MARK; THE WORDS
MTHE GREENWICH VILLAGE INSTITUTION" PLACED AT THE TOP BUT WITHIN 11IE
OVAL~ AND ~wwW.JOESPIZZANYC.COM" PLACED AT TllE BOTTOM WITHIN THE
OVAL.

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

KAREN BRACEY, EXAMINING ATTORNEY

EXHIBITE

 Photos- Little Joe's Pizza

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

INFO

MENU

CONTACT

PHOTOS

L TTLE JOEIS

P ZZA

ooecte
I ofl

11/24/2014 7:07PM

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

Photos- Little Joe's Pizza

INFO

MENU

CONTACT

PHOTOS

L TTLE JOE'S

P ZZA

OOQ8
1 of I

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

INFO

MENU

CONTACT

PHOTOS

L TTLE JOEIS

P ZZA

ooecte
1 of 1

11/24/2014 7:08PM

Photos- Little Joe's Pizza

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

INFO

MENU

CONTACT

PHOTOS

L TTLE JOEIS

P ZZA

1 ofl

11/24/2014 7:08PM

Photos~

http :I/www.l ittlejoespizzanyc.com/photosl

Little Joe's Pizza

INFO

MENU

CONTACT

PHOTOS

L TTLE JOEIS

P ZZA

ooeee
I ofl

11/24/2014 7:11 PM

 Photos - Little Joe's Pizza

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

INFO

MENU

CONTACT

PHOTOS

L TTLE JOEIS

P ZZA

I of 1

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Photos- Little Joe's Pizza

INFO

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CONTACT

PHOTOS

L TTLE JOEIS

P ZZA

1 of 1

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' Photos- Little Joe's Pizza

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

INFO

MENU

CONTACT

PHOTOS

L TTLE JOEIS

P ZZA

..

ooeee
I of 1

11/24/2014 7:12PM

 Photog- Little Joe's Pizza

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

INFO

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CONTACT

PHOTOS

L TTLE JOEIS

P ZZA

1 of I

11124/2014 7:13PM

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PHOTOS

L TTLE JOEIS

P ZZA

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1 of]

11/24/2014 7:13PM

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INFO

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PHOTOS

L TTLE JOE'S

P ZZA

I of J

I 1/24/2014 7:14PM

Photos- Little Joe's Pizza

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

INFO

MENU

CONTACT

PHOTOS

L TTLE JOE IS

P ZZA

00880
1 of 1

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

INFO

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CONTACT

PHOTOS

L TTLE JOEIS

P ZZA

I ofl

11/24/2014 7:14PM

Photos- - Little Joe's Pizza

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

INFO

MENU

CONTACT

PHOTOS

L TTLE JOEIS

P ZZA

ooee1 of I

II /24/20 t 4 7: 15 PM

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INFO

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PHOTOS

L TTLE JOE'S

P ZZA

I of 1

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EXHIBITF

I
i

JUDGl WOODS

JS44CISDNY
REV. 4/2014

CIVIL COVER SHEET

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of
pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the
Judicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose of
initiating the civil docket sheet.

PLAINTIFFS
Famous Joe's Pizza, Inc., a New York Corporation

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

1AT4.

NEYSCVWN)
ATTORNEYS (FIRM NAME, ADDRESS. AND TELEPHONE NUMBER
Gottlieb, Rackman & Reisman, P.C., Maria A. Savio
270 Madison Avenue, 8th A.
New York, N.Y. 10016
C212 684-3900
II
CAUSE OF ACTION(CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSI;)
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

15 U.S.C. Sec. 1051 et seq., for trademark infringement and false designation of origin
Has this action, case, or proceeding, or one essentially the same been previously filed in SONY at any time? Nilles0Judge Previously Assigned
If yes, was this case Vol.

D lnvol. D

Dismissed. NoD Yes D

Is THIS AN INTERNATIONAL ARBITRATION CASE?

NoD

(PLACE AN [x] IN ONE BOX ONLY)

Yes

If yes, give d a t e - - - - - - - - - & Case N o . - - - - - - - - -

NATURE OF SUIT

ACTIONS UNDER STATUTES

TORTS

CONTRACT

1 1110
[ 1120
[ 1130
[1140

1150

I 1151
1 1152

[1153

[1160
[ ]190
[ ]195

[ 1196

PERSONAL INJURY

INSURANCE
MARINE
MILLER ACT
NEGOTIABLE
INSTRUMENT
RECOVERY OF
OVERPAYMENT &
ENFORCEMENT
OF JUDGMENT
MEDICARE ACT
RECOVERY OF
DEFAULTED
STUDENT LOANS
(EXCL VETERANS)
RECOVERY OF
OVERPAYMENT
OF VETERAN'S
BENEFITS
STOCKHOLDERS
SUITS
OTHER
CONTRACT
CONTRACT
PRODUCT
LIABILITY
FRANCHISE

REAL PROPERTY

]210

[ ]220
]230

I ]240
I ] 245
[ I 290

LAND
CONDEMNATION
FORECLOSURE
RENT LEASE &
EJECTMENT
TORTS TO LAND
TORT PRODUCT
LIABILITY
ALL OTHER
REAL PROPERTY

I
I

)310 AIRPLANE
)315 AIRPLANE PRODUCT
LIABILITY
I 1320 ASSAULT, LIBEL &
SLANDER
I I 330 FEDERAL
EMPLOYERS'
LIABILITY
I 1340 MARINE
I )345 MARINE PRODUCT
LIABILITY
I 1350 MOTOR VEHICLE
I 1355 MOTOR VEHICLE
PRODUCT LIABILITY
[ 1360 OTHER PERSONAL
INJURY
[ 1362 PERSONAL INJURYMED MALPRACTICE

PERSONAL INJURY

FORFEITURE/PENALTV

[ 1367 HEALTHCARE/
PHARMACEUTICAL PERSONAL [ 1625 DRUG RELATED
INJURY/PRODUCT LIABILITY
SEIZURE OF PROPERTY
[ 1365 PERSONAL INJURY
21 USC 881
PRODUCT LIABILITY
[ 1368 ASBESTOS PERSONAL [ 1 690 OTHER
INJURY PRODUCT
LIABILITY

PERSONAL PROPERTY

BANKRUPTCY
[ )422 APPEAL
28 usc 158
[ ) 423 WITHDRAWAL
28 usc 157

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

I 1370 OTHER FRAUD

[ I 371 TRUTH IN LENDING

SOCIAL SECURITY
[ 1380 OTHER PERSONAL
PROPERTY DAMAGE
[ ] 385 PROPERTY DAMAGE
PRODUCT LIABILITY

PRISONER PETITIONS
[ ]463 ALIEN DETAINEE
[ )510 MOTIONS TO
ACTIONS UNDER STATUTES
VACATE SENTENCE
28USC2255
CIVIL RIGHTS
[ ) 530 HABEAS CORPUS
[ ]535 DEATH PENALTY
[ ]440 OTHER CIVIL RIGHTS [ ]540 MANDAMUS & OTHER
(Non-Piisoner)
[ )441 VOTING
[ ]442 EMPLOYMENT
[ )443 HOUSING/
ACCOMMODATIONS
I 1445 AMERICANS WITH
DISABILITIESEMPLOYMENT
[ ]446 AMERICANS WITH
DISABILITIES -OTHER
[ ]448 EDUCATION

~DEC 1 0 2014

LABOR
[ ]710 FAIR LABOR
STANDARDS ACT
[ ]720 LABORIMGMT
RELATIONS
[ 1740 RAILWAY LABOR ACT

[I

751 FAMILY MEDICAL

LEAVE ACT (FMLA)

]790 OTHER LABOR

LITIGATION
[ I 791 EMPL RET INC
SECURITY ACT

IMMIGRATION
PRISONER OVIL RIGHTS
[ ]462 NATURALIZATION
[ 1550 CIVIL RIGHTS
APPLICATION
[ ]555 PRISON CONDITION
[ 1465 OTHER IMMIGRATION
[ ]560 CIVIL DETAINEE
ACTIONS
CONDITIONS OF CONFINEMENT

[
[
[
[
[

1861 HIA (1395ff)

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

OTHER STATUTES
[ ]375 FALSE CLAIMS
[ J400STATE
REAPPORTIONMENT
[ 1410 ANTITRUST
[ 1430 BANKS & BANKING
[ I 450 COMMERCE
I ]460 DEPORTATION
I ]470 RACKETEER INFLUENCED & CORRUPT
ORGANIZATION ACT
(RICO)
[ ]480 CONSUMER CREDIT
[ 1490 CABLE/SATELLITE TV
[ ] 850 SECURITIES/
COMMODITIES/
EXCHANGE

[ 1890 OTHER STATUTORY

ACTIONS
[ 1891 AGRICULTURAL ACTS

FEDERAL TAX SUITS

[ ] 870 TAXES (U.S. Plaintiff or
Defendant)
[ ]871 IRS-THIRD PARTY
26USC7609

[ I 893 ENVIRONMENTAL
MATTERS

[ I 895 FREEDOM OF
INFORMATION ACT
[ ] 896 ARBITRATION
[ I 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
APPEAL OF AGENCY DECISION
[ ]950 CONSTITUTIONALITY OF
STATE STATUTES

Check ifdemanded in complaint:

CHECK IF THIS IS A CLASS ACTION

UNDER F.R.C.P. 23 . C' _
.

DEMAND $'S ..

ooo, 000

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

-r l.v\
\~ J(..uJ.p;/
OlliER ---=-'1)---~'='~...- JUDGE _ _ _ _ _ _ _ _ _ _ _ DOCKET NUMBER:____ _ _ __

Check YES only ifdemanded in CO!!![Jiaint

JURY DEMAND: .8J'YES LNO

NOTE: You must also submit at the time offiling the Statement of Relatedness form (Form IH-32).

(PLACE AN x IN ONE BOX ONLY)

00 1 Original
Proceeding

ORIGIN

D 2 Removed from
State Court
D a. .u parties represented
D b. Atleastone

D3

Remanded
from

D 4 Reinstated or

Reopened

Transferred from
(Specify District)

D6

Multidistrict
Litigation

D 7 Appeal to District

Appellate
Court

Judge from
Magistrate Judge
Judgment

party is prose.

BASIS OF JURISDICTION

(PLACEAN x INONEBOXONLY)

1 U.S. PLAINTIFF

U.S. DEFENDANT

00 3 FEDERAL QUESTION

IF DIVERSITY, INDICATE
CITIZENSHIP BELOW.

04 DIVERSITY

(U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

(Place an [X] in one box for Plaintiff and one box for Defendant)
CITIZEN OF THIS STATE

PTF
[ ]1

DEF
[ ]1

CITIZEN OF ANOTHER STATE

[] 2

[ ]2

PTF

DEF

CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY

[ ]3[] 3

INCORPORATED and PRINCIPAL PLACE

OF BUSINESS IN ANOTHER STATE

[ ]5

[ ]5

INCORPORATED or PRINCIPAL PLACE

OF BUSINESS IN THIS STATE

[ ]4( ]4

FOREIGN NATION

[] 6

[] 6

PTF DEF

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

Famous Joe's Pizza, Inc.,

7 Carmine Street
New York, N.Y.

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

Little Joe Pizza, Inc.

26 First Avenue
New York, New York 10009

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

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

DEFENDANT(S) ADDRESS UNKNOWN

REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN
RESlaENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

WHITE PLAINS

MANHATTAN

Check one:

THIS ACTION SHOULD BE ASSIGNED TO:

DATE

(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS
COMPLAINT.)
ADMITTED TO PRACTICE IN THIS DISTRICT
SIGNA~~~
{]NO
{'4 YES (DATE ADMITTED Mo.1_0_ _ Yr. 1985
I
t:J / ')-CJ
Attorney Bar Code# 7756

RECEIPT#

Magistrate Judge is to be designated by the Clerk of the

I-

calM'

M~~~~~~e------------------------~~~De~~a~d.
Ruby J. Krajick, Clerk of Court by _ _ _ _ _ Deputy Clerk, D A T E D - - - - - - - - UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)