together with jack spade storts. -- stores. we have here kate spade service mark as you can see. which is by the way, if you apply for a trademark you apply for a category of goods sorry typically retail stores will have categories of goods. kate spade service mark, jack spade service mark, kate spade trademark, jack spade trademark and for good measure, >> i'm not following your argument. part of me i have a problem here is that i don't have documents in front of me. you are putting these quickly on an overhead that i can't read. what are you saying that they are sharing the same trademark. i can't see it. >> i'm sorry. >> this is put up from the website. >> okay, they are all under the same. that's the point? >> the point is that kate spade and jack spade have both trade marks and service marks. they share a substantially similar mark. the spade mark. and that finding that you can combine and count kate spade together with jack and you will have -- >> are they linked under the same trademark number. just because they are under

claimed to be an independent business with 7 stores, by any reasonable interpretation, jack spade is in fact the same company as kate spade which has 94 locations in the u.s. to trigger a public hearing, i would like to show you some evidence we gathered about the close connection, in the recent filing with the local government, it clearly shows it considers jack spade a sub grant of kate spade, in breaking down its business structure, fifth and pacific lists kate spade of its own segment which jack spade is a sub brand. it later state ins the 10k that kate spade offers fashion products for men under the jack spade trademark. we've uncovered from our own research that both jack spade and kate spade share the same headquarters in new york, the same distribution software in ohio, the same legal departments, the same staff and payroll, the upper left hand corner of jack spade's paycheck, there is a kate spade's logo, it also reads kate spade is an equal opportunity employer with no mention of jack. all this adds up to the fact that in function, jack spade enjoys all of the benefits of t

when i heard jack spade moving into the area, i wanted to get involved. after investigating the matter, it became crystal clear that jack posed precisely the same sort of situation that our city's formula retail regulations were intended to address. as one of the majority of san franciscans who voted for the city's formula retail ordinance, i was frustrated that neither i or my neighborhoods or anyone else in the neighborhood or the largest community was going to have a say whether this corporate chain store should open up on a special stretch of 16th street, many local residents and organizations were unaware of kate spade's intent and made aware of what was happening, they would want the opportunity to offer the input, the input that is the right under the city planning code, i reached out to as many neighbors, friends, community organizations as i could, every friend, neighbor and organization was displeased to hear this was happening, most were unaware that this was happening and all put it on petitions, i gave you a list of organizations, these organi

i have no idea what he negotiated with jack spade. >> never mind jack spade. what did you offer them? you said that you the coalition offered them something? >> we offered them $8,000 a month. >> okay. thank you very much. >> next speaker? >> thank you very much. my name is wald i'm the founding of the business on the street. i would like to propose to you what would it be like if i opened another store in 6 months and called it retail therapy. does the public have the right to have any input into what's going on here. i understand that we are making a decision about a permit, but i think i would really like to get my neighbors and my customers the opportunity

jack spade. >> never mind jack spade. what did you offer them? you said that you the coalition offered them something? >> we offered them $8,000 a month. >> okay. thank you very much. >> next speaker? >> thank you very much. my name is wald i'm the founding of the business on the street. i would like to propose to you what would it be like if i opened another store in 6 months and called it retail therapy. does the public have the right to have any input into what's going on here. i understand that we are making a decision about a permit, but i think i would really like to get my neighbors and my customers the opportunity to be able to give you the input that i think they would all provide you which is to say that they don't want it on 16th street. thank you for your time. >> next speaker, please. >> good evening, my name is don allen. i am also the owner of the casanova lounge for the last 16 years. i heard a lot of opinions about this issue over the last few months. when it came up i had never heard of jack spade or kate spade. i asked my wife

i'm here to oppose jack spade. jack spade i think was very clear in the presentation earlier violates not only the letter but the spirit of the formula retail ordinance and i would urge and i was very impressed with some of the gymnastics that we were being made that it didn't violate it. one of the things i felt inconsistent was that, well, it's okay if kate spade saturday and kate spade have different trademarks but we still rule in the same. if jack spade and kate spade have different trade marks, we are going to roll them different. that's very inconsistent. there is a huge epidemic going on in the mission distribution. this would accelerate that ten fold. they actually displayed adobe books long time of local business from the business. they had entrepreneurs from the community and kept their money here. this store is a park avenue new york store with over a hundred location worldwide. i'm a san francisco native. my grandfather sold newspapers at 16th and mission. it's very clear. this is not a san francisco m

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

my name is melissa and coleader of jack spade. we followed all necessary paperwork to affirm we are not a formal retail store. we did everything to ensure we did everything correctly. jack told us to seek from the zoning administrator and we learned we are not a formula retail. we were as of right. we've been transparent all along. those that are familiar with our plan know that we are completely different, that kate spade completely different from kate spade and store design our real estate selection criteria and all visual features apparent to our customers. it's these customer things that are relevant from 70.3. we never intended to misrepresent ourselves and helping restore the street and the beautiful facade of the mission. we choes this particular section of 16th street because we fit well with neighbors, and so many other great businesses that already exist on this street who you will hear from later. we are a neighborhood retailer through and through. no two other stores alike and our customers love us. there is nothing dif

jack spade. it doesn't matter what you call it. all three of the first features of the planning code are shared by all 94 stores. one standard array of apparel. spade is on every garment. one distribution center, no. 2, substantially similar trademark and no. 3 substantially similar service mark. >> to just drive that home, if we can have the overhead for a moment. the zoning administrator commented that we were looking for the two items of trademark and array standardized array. as you would see section 703.3 b requires only two elements. among those two separate independent freestanding elements are service mark and trademark. finding a common service mark and trademark alone you will get to formula retail. if you find that kate spade and jack spade shared a mark, you can combine and count kate spade stores together with jack spade storts. -- stores. we have here kate spade service mark as you can see. which is by the way, if you apply for a trademark you apply for a category of goods sorry typically retail stores will have catego

with jack spade, spade relies on the name. we ask you to know what the public recognizes. they are part of the same formula. it is beyond reasonable that the group of words jack and kate are substantially similar to the group of words kate and spade. and that the intention thes clearly to identify the source as the spade family of brands. when i say a spade is a spade, it's not just a punish. it's the idea that kate spade itself put forth in order to derive benefit from the shared association. i have already identified shared features that is already required as jack spade as retail. i would like you to consider another one. standard b 1, standardized array of merchandise. kate spade and jack spade is simply a his and hers. kate spade and jack spade merchandise are designed in the same building in new york by kate spade staff. when looking for merchandise that is minimally gender non-specific, we find it is remarkably similar in the array. they look as they were designed by the same person. all merchandise from both stores is shipped from a single distribution location and

present the compelling evidence that we have uncovered with clear and unmistakable illustrations that jack spade is simply a trademark that belongs to kate spade llc and is not a separate entity. we would like to detail examples of how jack and kate are a financial structure, we are talk k about one business, one headquarters, one distribution center, one team of employees that fall under the same h.r. department. we hope to share with you the results of the research we've done under kate spade's deprive tactics to open a 95th store in the valencia corridor, we wouldn't be here tonight seeking late jurisdiction if the city had caught this in september, please allow us to show you that a spade is a spade and that a chain with 94 u.s. stores does not belong in an area protected by the zoning code. thank you for your attention. >> excuse me? >> yes. >> can you explain why you feel your organization should have been on that list again. you indicated you thought it was outdated, but why should your organization have been on that list? >> so, the organization should have been on the list because i bel

and the letter in question, i think we've got two problems here, one is that we've already seen jack spade is no different from kate spade, it's the same organization, different line of clothes, but the same principles, i think the more important thing that we ought to be taking a look at here is this notion that, well, they only have 10 stores, then they can't be a chain, i don't think that's important at all, i think that's completely mute, it's not a question of how many stores they have, it's a question of how many stores they're going to have and if this was the 10th star bucks that's trying to open up down there, we'll be saying, we made a mistake doing that, this is the 10th out of 92 more jack spades that will follow in the footsteps of kate spade. i think we need to look at where this is going, not where it's been, and in that -- with that said, i'd like you all to consider denying the letter that's been issued by the planning commission. thank you. >> thank you. next speaker, please. >> hi, my name is lindsay and i'm the manager at beljar on 16th street, we are across the street

neighbors and merchants say jack spade is a national chain with 11 or more stores across the u.s. san francisco law requires special hearings before chains can open in certain neighborhoods and that includes part of the intermission where a permit has been approved for a jack spade store. >> this area is like a wildlife preserve. it is designated a safe zone for small business. >> looking forward to it. i think it will improve the block. i can't wait. >> jack spade claims it is a small independent retailer even though it is owned by liz claiborne. they will take another look at the plan next week. and we will keep you updated on that. >>> and good news. a 21-year-old woman who disappeared after her sister dropped her off at a gas station in mountain view has been found safe. ma 11 doal -- melinda alexzander was found a short time ago in san mateo county. >>> a wildfire burning in the tahoe national forest is threatening part of california's history. the boom and bust gold rush towns both historically

neighbors and merchants say jack spade is a national chain with 11 or more stores across the u.s. san francisco law requires special hearings before chains can open in certain neighborhoods and that includes part of the intermission where a permit has been approved for a jack spade store. >> this area is like a wildlife preserve. it is designated a safe zone for small business. >> looking forward to it. i think it will improve the block. i can't wait. >> jack spade claims it is a small independent retailer even though it is owned by liz claiborne. they will take another look at the plan next week. and we will keep you updated on that. >>> and good news. a 21-year-old woman who disappeared after her sister dropped her off at a gas station in mountain view has been found safe. ma 11 doal -- melinda alexzander was found a short time ago in san mateo county. >>> a wildfire burning in the tahoe national forest is threatening part of california's history. the boom and bust gold rush towns both historically

for reasons that are unclear the zoning administrator does not consider the name jack spade and kate spade to be close enough. jack spade clearly benefits from the association with the spade brand and should be put in the same category as kate spade saturday. you have the authority to look at the group of words and interpret the current law to find formula retail on these facts. no. 3 on the list it features in section b of planning code section 3.3 is service mark. a service mark is similar to a trademark in definition. however, it identifies and distinguishes the source of service instead of the source of goods. like a trademark it is defined as a group of words that identifies and distinguishes from a source of service from one party from those of others. again, the zoning administrator acknowledges that kate spade saturday would be counted together with kate spade because it appears in both names. with jack

jack spade has one, kate spade has another. it is true they are all owned by kate spade, if you go 32 you the jack spade, kate spade is the owner. we are looking at the numbers who maintain the same merchandise and that is what we are looking at. in this case this is their 11th storement this code specifies 11 or more. prop g reinforces. it says you need a conditional use operation for formula retail uses. as we have applied section 703.3 this does not satisfy the retail. >> if you include kate spade that is 332 globally, is that right >> i don't know how many, i know they are pushing a 90-100 in the u.s.. >> i have a question. i believe when we saw that section put up just a few minutes ago, that the introductory statement again reiterated you needed to have 11 or more. >> correct, the business maintains two or more of the following features and the various features. >> i thought i was hearing a little bit of circular logic, it might be because it's late. it sounded like the service mark argument was being used to justify whet

they're meeting again next week and i'll report on that and the jack spade item when we reconvene. >> commissioners that will place you under. >> as to the zoning administrator it doesn't sound like kroet listen is going to come back to us it's either the board of supervisors or the board of appeals. >> the only ways i could see it if the board of appeals ultimately denies the project and the board of supervisors approves the subdivisions that allows construction they could reply it after one year. >> commissioner and yeah. i've seen something on the news i didn't see the whole story on jack spade. >> it is - there's a larger corporation called pacific that owners 3 businesses and they does not have - right now this would be the 11th establishment and the 12 would trigger it so i note they have stores outside the u.s. so we're considering regulations and it would be considered formula retail and there's been decision about the percentage of corporate parentage and so it's possible under the proposals this could be formula retail that's been issued by the supervisors. >> yeah, and what

this is over jack spade, claiming to be an independent company. critics say no, spade is a spade. that amounts to a chain store. >> san francisco mission district full of small businesses like mission bicycles on develop val lensa. >> this area is sort of like a wildlife preserve. >> jefferson is talking about the city so-called formula retail regulations. by requiring any retailer with more than 11 locations in the united states to undergo a hearing. that did not happen with jack spade. a store wants to move in to this space on 16th stree. opponents say not true jack spade is pulling a fast one. >> we believe they're an off shoot of kate spade which has 100 stores in the u.s.. >> opponentts want the permit reconsidered and to allow the public to weigh in. the owner of the clothing store next door to the site already seen her rent rise and says allowing the retailer in could force her out. >> i'm not trying to go against them. i would like to be able to maintain what i have here. >> despite calls and e mails we did find one supporter. the manager

when one of my fellow merchants had the opportunity to ask jack spade's marketing manager if he would still be interested in opening on 16th street, even if 100% of the residents and merchants were opposed, he was unable to say no, and to me, this goes directly to the heart of why we have the formula retail regulations, measures which to me, kate spade that attempted to evade, they are not invested in the community, they are exclusively focused on what is good for the company and for their shareholders, i urge 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

neighbors and merchants say jack spade is a national chain with 11 or more stores across the u.s. san francisco law requires special hearings before chains can open in certain neighborhoods and that includes part of the intermission where a permit has been approved for a jack spade store. >> this area is like a wildlife preserve. it is designated a safe zone for small business. >> looking forward to it. i think it will improve the block. i can't wait. >> jack spade claims it is a small independent retailer even though it is owned by liz claiborne. they will take another look at the plan next week. and we will keep you updated on that. >>> and good news. a 21-year-old woman who disappeared after her sister dropped her off at a gas station in mountain view has been found safe. ma 11 doal -- melinda alexzander was found a short time ago in san mateo county. >>> a wildfire burning in the tahoe national forest is threatening part of california's history. the boom and bust gold rush towns both historically significant areas in placer county are in the line of fire. the old mining town o

i've seen something on the news i didn't see the whole story on jack spade. >> it is - there's a larger corporation called pacific that owners 3 businesses and they does not have - right now this would be the 11th establishment and the 12 would trigger it so i note they have stores outside the u.s. so we're considering regulations and it would be considered formula retail and there's been decision about the percentage of corporate parentage and so it's possible under the proposals this could be formula retail that's been issued by the supervisors. >> yeah, and what's their product. >> jack spade sells clothing and accessories and comparing the two products their marketed differently. >> when i first heard the name i thought it might be a bar i didn't think it had anything to do with kate spade if the products are dissimilar even though their common ownership i think the supervision should look at it. >> under the curious is there stores in the mall does that count as 11. >> yes. >> commissioners that will place you under general comment not to exceed 15 minutes. now the public may ask a

that jack spade is pulling a fast one. >> we believe they are a off-shoot of kate spade that has 100 stores in the u.s. that qualifies for formula retail in san francisco. >> reporter: they want the spade permit reconsidered and allow the public to weigh in. this owner has seen her rent rise and said allowing the retailer in could force her out. >> i'm not trying go against them, but i would like to be able to maintain what i have here. i have worked so hard for it. >> reporter: the despite calls and e-mails, no comment yet from jack spade, we found one supporter. the manager of the beer bar across the street is all for allowing the new business in the hood. >> i'm looking forward to it. i think it will improve the block. can't wait. >> reporter: both sides will present letters of support at tonight's hearing. in san francisco, abc 7 news. >> a california law that bans a chine chinese delicacy was heard today. a district court denied an injunction to block the law. but now the ninth district court is going to rule on this matter. so, we will have to find out what that court does rega

neighbors and merchants argue that jack spade is a national chain with 11 stores. san francisco law requires special hearing before chains can open in certain neighborhoods and was given approval. opponents say the retailer misrepresented itself. jack spade claims it is a small independent retailer, although it is owned bid his claiborne. >> st. anthony's will hand out clothing and backpacks to 150 kids. volunteers prepared everything yesterday. they get two new outfits donated by old navy, a backpack filled with school supplies and a free muni pass. the number of families taking part continues to grow. >> coffee drinkers, new research could have you putting down the extra cup. men and women who drink more than four cups a day had a higher risk of dying during a designated time frame than non-coffee drinkers. four cups is less than you think. a cup at starbucks is 2 1/2 cups. while heavy coffee drinking is linked to higher mortality it could be caused by stress or a lack of sleep. other studies have shown up to six cups of coffee could actually lengthen your life.

and how much difference is there between kate ask jack spade?attle raising questions about purses, suits and chain stores. those story pz more coming up at 5:00. the news >> you want to sensor in the yard? >> sure. >> when the building topples on saturday, scientists anticipate a shock wave equal to a 2.0 earthquake. hence the presence of the united states geological survey placing sensors as far as 25 miles away. >> that is going to be a big jolt. >> this professor identified this as an excellent community to study the hayward fault thought about this in terms of being able to schedule and monitor small earthquake autos yes. they don't happen when you want them to. right? this is an event we know where and when it's going to happen. we can use geometry. >> not likely but after saturday we may have a better i'd of what to expect. all it took was demise of a local landmark. >> not sentimental? >> no. >> and everybody loves a good implosion. thanks for joining us for abc 7 news at 4:00. abc 7 news at 5:00 begins right now. >> very commission revok

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