kate spade stores. the kate spade new york stores should be added to the stores. kate spade new york has this sort of an appearance as you will see from the overhead. as you probably know there is a kate spade store in the west field center. there is a kate spade store on grand avenue close to main and the appellant would have you believe that a spade is a spade. the kate spade new york would move into 3166, 16th street. this is quite a stretch. 703.3, we talked about the letter of the law and we know the appellant has already told you we are within the letter of the law. the spirit of the law and i was involved in the formula retail discussion 10 years ago with the president working with supervisor tom, was to keep the neighborhood unique and that was based on visual factors. on all the visual factors, standardized array of merchandise where women's wear could be men's wear. that one is a stretch. standardized facade, total stretch, standardized decor which you are not going to find in these stores. this is what the build out will look like when it's completed. th

kate spade llc employee. you can call it kate spade outlet, saturday, new york. 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 typ

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 they are from a single distributor bearing uniform marking. further, this board has previously agreed to consider a signed lease as evidence for formula retail. look, a lease is a document, it's not a store. it's a piece of paper. it's a promise, it's a commitment. it should be considered. and we should consider other similar commitments made by the defendant promises to open stores. they are set to specific marketing, we expect to double our fleet of stores over the next few years. because fifths and pacific is a publically traded company, a materially listing to investors could mislead the public. investors are meant to make financial statements on that business which are many more times more consequential that a single lease. the comm

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 the shared resources but because it claims to be an independent business, it is not under the regulations to protect small community focused business by being pushed out by deep pockets, all we're asking is for a chance for the community to be heard, for those being affected to have a forum for their views to be heard. we appreciate your time. >> thank you. >> next speaker, please. >> thank you, madam president, my name is mark sol man, i volunteered about ten years ago when the first legislation concerning formula retail was being contemplate and had we covered exactly these things and tried to include that into the legislation, the voters

spade coming along, we could not compete with a chain. obviously they share the same office in new york. baby gap, regular gap. and to compare, there is kate spade and say that the mission is very important to us and to have a park avenue store plop down where andrew and adobe books were there for 25 years is a desecration. it's horrible. i don't understand why there is any support from local businesses. the local businesses could have a cooperative there. we had ideas for having pop uks who would have some of the other businesses there and little corners of the store. so vote against this, please. thank you. >> next speaker. >> hi, my name is brees culver ton. i live in san francisco for 20 years. i have seen many changes. the reason i initially moved here is because of the uniqueness. north beach is independent still and chinatown is independent. people don't come here to go to jack spade. people don't come here to go to another mall. and the mission has always been unique and you need to retain it's uniqueness in order to retain it's viability. as for the jack spade and mission, i don't know what kind of research they did. i don't think

kate spade. it's a ripple effect. if we want things to be better, then we need to work together and not turn to a new york corporation to save us. >> thank you. neck speaker, please. >> hi, thank you for your time. my name is jake bar low with the neighborhood association. we have an opposition with jack spade opening. eye -- i have a personal objection to it as well. i buy my coffee at cats coffee, i buy my beer on 26th market and by my bourbon, and i buy my comics books at mission economics and art. i know what these guys do with their money. they reinvest it. >> next speaker. >> i'm a member of the adobe book cooperative as well. thank you for your time. i want to make one point, i think we heard one compelling argument that jack spade is a formula retail by letter of the law. also we can consider the spirit of the law. i don't know detail of what will make this qualified or not, but i'm a normal person. i have an understanding of what a chain businesses, i understand the mission doesn't want to have a chain business, the intention of the law as already stated. we have heard that 11 is an arbitrary number. when i