kate spade because it appears in both names. 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 pe

if kate spade saturday i have seen that as a formula use, kate spade is the name. the argument is they both share the name spade, but in my opinion given the distinction between the stores and the misdemeanor offered while the primary distinction is gender based, there is a difference and that and the trademark find that this is not formula retail. so, i'm available for any questions if the board has any. >> a question. is the threshold then the store count and if you don't cross that threshold, the rest is basically not applicable? >> that would be the first thing and it's a good question because there is a much put on the no. 11. this is not carbon stone anywhere. it's an arbitrary number. it's the array of merchandise, the form of apparel, the criteria, there are other municipalities across california and across the u.s. that have formally retail controls and they have general criteria, but the number can be different and fairfax and cal stoeg an is doing research and they don't have a threshold, a number. >> but san francisco does and it's 11. once you determine

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 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

>> if we can have the overhead one more time. >> spade trademark owned by kate spade. spade is a mark used in conjunction with jack and in conjunction with kate. >> we've heard this already. >> it's spade, scott has been making the point that it is made in conjunction with. >> jack spade. >> president? >> ultimately it's a mark. >> thank you. clarification. it with it was a clarification? >> would the other party like to respond to that because it was a further argument? okay. comments? we don't have anything to say. >> i will start. i appreciate everyone coming out and i think it was an excellent discussion. you all have been talking about it and thinking about it for a long time. i haven't. it was great to hear all the viewpoints in the room. i said earlier this is a well-spoken highly articulate audience. i appreciate it was educational for me. i would have appreciated more paper but that's my nature in the profession. i apologize for the small outburst. where i go with this, it's been difficult. i have gone back and forth as different speakers have said very differe

we have showed why it is a big business owned and operated by kate spade. it should be considered one in the same. we are asking you to reach beyond the scope to let the community to decide for themselves. >> next speaker. i'm going to have him turn the computer back on for a second. i want to reiterate a few things from last week's appeal that we submitted more than 2,000 signatures in support of this appeal. we have supervisor campos and avalos in this appeal and in the direct vicinity of the storefront in question including -- just cause, poder, center for political education, shaping san francisco, the western regional advocacy project, poor magazine and these are all in the immediate vicinity of the storefront. another thing i wanted to highlight was these points from the findings section of section 703.3. i read these partly for the benefit of the representative of kate spade because i don't think they would want to violate these principles in the findings of the ordinance. formula retail businesses are increasing in number in san francisco as they ar

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 about agenda items and the item be addressed up to 3 minutes i have 2 speaker cards >> linda and sally. linda chapman for knob hill neighborhoods. i want to thank the commissioners for not putting 1601 larkin on the face track it would be a concern about one issue coming up quickly. we had something like that come up and there are people right here in this room like john who remember the battle to save knob hill where we had an appeal and we have a conditional hearing once a month, you know, until the city attorney cut it offer after 1 or 2 years and you know the people who were the signers didn't know if we were coming or going it was horrible. so if they could come back with a new project. i

. >> we have terrific brands including kate spade and hugo boss.t ranges from 30 to 70% off. >> reporter: and all that is supposed to attract a lot of people. what you're looking at now is a live picture of all the cars that are lining up to get gasoline across from nordstrom rack at the very popular safeway gas station. and so in advance of this cooperative marine the folks here had to restripe this area and try to retrain people to come in from a different way. so there will be people on site tomorrow to help people navigate. but bring your patience along with a pocketbook, elizabeth. >> all right, sue, thank you. >>> sue getting a little wind blown there. but the biggest change the firefighters really appreciate was cooler with humidity in the air. >> for anybody complaining that it's cooler and cloudy, remember those 700 firefighters who are trying to put out that fire on mount diablo. they needed this, yes. you're exactly right. we had an increase in humidity. the wind picked up but it brought in that marine air which is like gold if you are f

target uses it, and we apply the same criteria to target that we would to a smaller maybe like a kate spade or a boutique type of store. >> in addition there are questions of geography and there are areas of the city that tend to serve retail needs, and regionally. like downtown, verses smaller neighborhood commercial districts and so we want to make sure that the controls make sense and the geography where they are applied. >> and grocery stores are exempt, correct? >> grocery stores are not exempt. >> oh, really? >> commissioner o'brien. >> i will make a comment after public comment. >> one question that i had if there is an international business that did not have any physical presence say in the bay area or not even in the country, or wanted to set up a branch here, but and say in europe they were, you know, the branches throughout europe way more than 11, would they be automatically, bared under that 11 rule under this proposal to change it to include international? >> under the current definition, and international company, with fewer than eleven other retail outlets in san francisco,

. >> we have terrific brands including kate spade and hugo boss.ranges from 30 to 70% off. >> reporter: and all that is supposed to attract a lot of people. bring your pocketbooks and patience a few hundred yards from the nordstrom rack's front door the flow into the safeway gas station is being redirected to acongestion. >> there's a little congestion. they have just done this. so now there's a lot of people going wait a minute, i used to come in and make a u-turn and come in here and now that ain't happening. >> reporter: so what you're looking at is a live picture of a line of cars that splits into four to get gas at this nearby gas station. there will be monitors on hand and signs to make sure that this area is more festive and less frustrating. sue kwon, kpix 5. >>> may not be fancy but dozens of men will tell you this bay area garage is the place to be. >> you're free, comfortable. and you can say anything you want. >> what keeps them coming back year after year and the jefferson award winner who has made it all possible. >> weather-wise kind