when it came up i had never heard of jack spade or kate spade. i asked my wife what is jack spaed, she said that's kate spade's men's store. i think that indicates a popular knowledge of what jack spade is to the public. i think the valencia corridor has made an effort in the pass 2 years to try to avoid a formula retail without a conditional use hearing. i think that whether intentionally or not, the jack spade moniker has a lot of kate spade to buy -- bypass the intent and my case the conditional use hearing would be a benefit to this community because it's very divided an it's obviously an issue that needs an airing in our community. we have not had an opportunity to do that. the merchants haven't even discussed it. i think we all need a -- i'm just an advocate for this area. i feel if business mission business owners would like to help make the mission community better, i would be happy to talk to them about ways to get involved with housing homeless and keeping people off the streets. and i also think that there are so many people that aren't

you to grant the jurisdiction request so that the community can have a say and we don't allow jack or kate spade to sneak into the neighborhood, i would like to add two points, one is that there are several merchants on 16th street who signed the letter of jurisdiction request, were unable to make it tonight including michael cats who's right across the street and the roxy, several other businesses that have been there for a long time, sf made a non-profit that supports [inaudible] in san francisco has a service helping place locally owned businesses into spaces so if this space becomes available, they will be very enthusiastic to help a merchant go into that space very quickly. >> thank you. >> any other speakers, step forward, please. >> thank you, my name is karen hoek and i'm the leasing representative for the owner of the building where jack spade has a lease, and i just want to make a correction, i've heard today that -- >> sorry, i'm not sure you're able to speak. the rule is if you have a financial interest in the appeal -- >> i just wanted to make a correction to a statement that was ma

spaechld you can register jack spade multiple times and look into areas and get watches and bags and clothing etc. under the 229 or so spade trade marks, about 70 or so are related to kate spade and various variations of kate spade including kate spade saturday and then there are about 25 or so for jack spade. there are more than a hundred spade trademarks that are unrelated. when reviewing this and when determining this and i did have a conversation with the appellant the other day and discussed the meaning of the planning code and we did go through some hypotheticals. i agree with all the representation made to the board and i did express very clearly that we are not dealing with hypotheticals in the case and the facts that we have are that there are at this point 10 jack spade stores in the u.s.. there are kate spade stores, but with the jack and kate spade trademark there are 10. this would be their 11th establishment. subsequent to the establishment, if we would say that you have 11 or more other establishments, you are formula retail. but at this point, it's my opinion and reading the planning code and interpreting the planning code that they are not formula retai

or more? because jack spade is under kate spade llc? that makes it one? >> no. what i think it's a far more simple face value which is as we and many of the public speakers noted. the public recognizes that kate spade and jack spade are one. >> okay. >> that there is the common feature of spade. and these printouts that i was showing you that they are both trademarks. >> they each have, jack spade has it's own service mark and kate spade has it's own service mark. >> if you want to look at the ownership. may i now move this. they are all owned jack spade trademark owned by kate spade llc. there is no intervening entity. >> that's what i needed. >> so those are, if you can find, let me just stutter for one moment, there is also the spade mark owned by kate spade. >> okay. thank you. >> may i, can i also make a few more comments. >> yeah because i interrupted you. i'm sorry a little expression of frustration. >> i appreciate that. the one thing i will say, regarding -- i wanted to clarify this my good friend phil lesser i did -- i thought clearly the opposite. he

planning code 7.3 states that if 11 or more retail establishments contain more retails should be considered formula retail. jack spade and kate spade trademark are similar and should be considered together. they are defined as trademark, quote group of works from one source of one party from those of another. kate spade could be selling products for men under any name. but it gave it the line under the same name. >> hold on, please. there is a powerpoint presentation. your power points was supposed to go along with his comments? okay. >> kate spade could be selling what they refer to as fashion products for men under any name but chose to give it the same name in order to distinguish the source. spade was the key. when introducing their new logo it was enough for kate spade to declare simply hello spade. it is a clear certify -- the zone is administrator has determined that the name kate spade and kate spade saturday are close enough to determine they are the single formula retail enterprise. for reasons that are unclear the zoning administrator does not consider the name jack spade and kate spade to be close enough. jack spa

from jack spade, as was shown in a prior speaker, the -- a corporation 10k does not -- is not something that is developed over time or even over the course of one year. there's an article on kate spade's own website or fifth and pacific's own website that determines there are 10 current store and is 11 and 12 on the way, san francisco and the zoning administrator does consider leases, that should have been something that should have been disclosed and the plans that were obviously under way of great expansion as stated, jack spade has begun to spread its wings and is poised for broader expansion and that that expansion, it's 100 million dollar men's business with high margins korkt the melissa zides who spoke with us earlier and this is coming from fifth and pacific's own website and that has taken the form of expansion, it grew from 103 units to 10 stores, plus atlanta, if the city was inadvertently an actor in facilitating the failure of the citizens of san francisco having the opportunity to voice opposition to such a store through a conditional use hearing, then that is a basis for allowing a letter of determination to be set aside and opening up jurisdiction here. i think