the hypothetical kate spade and alicia kate spade. one thing is clear, the voters made the enterprises go through a conditional use hearing that it would double it's stores. the ceo stated on an earnings call that jack spaed can be a hundred million dollars market. there are 94 kate spade stores. kate spade itself represents jack spade as being aware. this is formula. prop g targets precisely this business and demands this type of business go through a conditional use hearing. it's this bill has lost sight of that and that it should be on the findings which states in the beginning san francisco is a city of diverse and distinct neighborhoods. we merely ask that you read section with section 3 a and find the legal result. help us define the diversity by protecting the character of these commercial areas. find the spade as as a single conditional use area. >> to conclude, kate spade thinks the community support them. the vcma is asking that you revoke their permit in a you hear them as a conditional use hearing. >> thank you, we can hea

kate or colby? [ beep ] "what is magnetic field?" back to you, kate. literary relatives for $200. [ beep ] and this famous author is john le carré. back to you, kate. literary relatives for $400. kate. who is stowe? harriebeecher stowe is correct. and that takes you up to $2,200, and it takes us to break number one. back in a moment, ladies and gentlemen. [ applause ] &pmonth halftimm update..parks wwth yoor ccrabongelas f ppn its happened aagin..ord its happonighh that two more su from baltimore's entrall boooing.how it happened thhs 3&pand a miracle ssaaue.the amazingghealing pooer hat some say it p welcome back. it's always nice to come back with good news for our players. michael farabaugh, we have good news for you. our judges have determined that your response of "magnetic force" was just as acceptable as "magnetic field." so you pick up $2,000.now, you'. i'm often asked if there were teachers who inspired me. can you recall any special ones in your life? yes, actually, i can. my high-school drama teacher, as well as my high-school latin teacher.

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 determin

if we can't find kate...ese boys better than we thought, you might want to dig a little. dig? if the family thinks it could help, they may reveal something. i know. it's just... they shouldn't have to. hotch, we can't lose her. strauss thinks we're all replaceable. i went over her head to try to explain that we're not. are you the bad cop? i'm not a cop. sydney xavier pearson. a name like that didn't come with manners? a gentleman walks a lady to the door. she wasn't much of a lady. watch your mouth. the girl was horny, man. i mean, she practically begged me for it. the son of a bitch passed. that's a bunch of bull-- how? how'd you do it? rossi: bastard believes his lies are the truth. takes a few deep breaths and passes. old-timer's kind of dramatic, isn't he? you know, it's actually much simpler than that. you see, uh, i didn't actually do anything to her. you didn't do anything? you gave me some pretty graphic details. oh, don't get me wrong. my dna is... all over that girl, but, uh, that doesn't mean i ki

kate: sergeant parker? listen, detective, i'm in the middle of a bomb investigation and chasing two gangland soldiers. kate: no, one gangland soldier. the young man in the car works for me. he's a ci. he's my asset. (el camino rumbles loudly) (tires screech) (gun cocks) (sawed-off shotgun fires, glass shatters everywhere) ed: we got gunfire. (sirens wail, tires squeal) agh! (gun cocks) agh! ♪ ♪ and it's not exactly therwhat you might think.town dannon oikos greek nonfat yogurt is packed with 12 grams of protein in every 5.3 oz cup. sink your teeth into that. dannon oikos. the new protein. ♪ dannon ♪ ooh, baby, baby ♪ ba-ba-ba, baby [ microwave beeps ] ♪ ooh, baby, baby ♪ ba-ba-ba, baby ♪ get up on this ♪ [ music stops ] [ man ] chef don't judge. ♪ come on, girls, let's show the guys ♪ ♪ that we know how to become number one ♪ [ male announcer ] chef boyardee microwavable cups. it's your time and your chef because... [ man ] chef don't judge. it's your time and your chef because... break the ice, with breath

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

jack spade has one, kate spade has another. it is true they are all owned by kate 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 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

appointing kate's dad as the royal photographer. >> kate is doing her own shopping.xt month, the couple is reportedly expected to move into their newly renovated apartment in kensington palace. and the same place this little prince once called home. for "good morning america," bianna golodryga, abc news, new york. >> they're almost like everybody else. >> almost. >> they have -- >> and there's -- you move into the palace, not like everybody else. >>> this is a new trend on "the heat index." would you -- it's a twist on home movies. make your own movie to help sell your home. people are becoming directors, hiring actors and script writers, making trailers about their homes, to sell them. abc's nick watt has the story. >> reporter: looks like a mucho million-dollar blockbuster. it's a treeler from neo property. >> this three-level home, contemporary design. >> reporter: she doesn't mention that the downstairs toilet leaks. >> a single bachelor lifestyle, always going to have a bufsnch women with lingerie around him. >> reporter: you're rolling your eyes? >> of course.

>> kate upton?could handle that. >> there you go. >> what if it was betsy ross masturbating? that would be ok, right? >> paul revere. paul revere banging betsy ross on the flag? the british aren't the only one [bleep]. [laughter] >> coming up -- >> we have tiger at the supper club. asked about a new story out there. don't know what happened in tiger's mind but he snaps a little bit and gosn on the camera guy. uses a lot of choice language that's not appropriate. means the world to me. and one of the m parent can ds make sure their kids get active at least 60 minutes each day. studies show that physical activity not only helps kids stay healthy, it can e, like concenttion and problem solving, which can prove academic performance. this means physical activity can help your kids in the most important game of all -- life. ph >> big brother has a bigoted thought! bill o'reilly dropped the the ow someone else joined crew! and rappers hate too. >> i'm not being weird. >> i have a camera. >> [bleep]. >> it'

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 whether there was more than 11 stores, in other words common trademarks, it's not how i assume you would a

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 refi firmed that with the ballot box prop z, the tie goes to the people with the deepest pockets, it's supposed to go to the people in this room that make it the kind of place that people want to charm to death. we need you to do your job in the board of appeal

kate? >> leanne, thanks. >>> let's bring in weather channel meteorologist kim cunningham. what can folks expect tonight? >> well, kate, it does look like there are thunderstorms that developed right over close to that area once again. you can see on the radar, where the green is. the dark green indicating heavier rain near man tu spring spri manitou. maybe catch a break surngsd monday. tuesday more storms in the forecast for eastern colorado. catch break in southern missouri definitely something we need. as long as that stationary boundary is in that area, a chance of more showers and thunderstorms, and looking much better into missouri. back to you. >> kim cunningham at the weather channel. thanks. >>> now to the massive manhunt under way in the mountainous terrain of boise, idaho as law officials desperately search for a missing california teenager and her alleged abductor. nbc's joe fryer reports from the search area. >> reporter: the desperate search is on. more than 150 highway trained

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 believe that there should be some effort from the planning department to reach out to the business community. the city reaches out to the business community all the time effectively and s

kate? chris? >> thanks. that's an important agenda for the president to deal with domestically but these questions abroad are going to be looming. >> a lot on his plate and the serious questions abroad are pushing things out because they've got to be dealt with first as obviously it seems the most pressing issue and we are going to talk more about the serious decisions facing the white house coming up in the show with senator john mccain himself. >>> there's so much going on at home and abroad tomorrow a conversation with president obama, we'll meet up with him on the road today doing his bus tour through new york and pennsylvania and the cnn interview will cover a wide range of topics. we'll bring it tomorrow of course here on "new day." >> a lot come up definitely. one of the big questions facing the president the new revelations about the scope of government surveillance of americans. newly declassified document says the national security agency illegally collected much more of your info

(applause) >> kate and her incredible team as well. every single person on kate's team. (applause) >> for those of you who don't know, they spend countless hours here in city hall, late, late nights, early mornings, hopefully no all nighters in particular, but without them we wouldn't be here today. to ben rosenfield, monique zamuda and the entire controller's office team, thank you so much. (applause) >> kate and ben were really partners in crime in getting this budget done and with us every step of the way and such an integral part of what we do. to harvey rose and his entire team, thank you, mr. rose, for all of your efforts. (applause) >> to severn and deborah, your entire team, thank you for making your funds available so we can redistribute them at the board. [laughter] >> and also mentioned earlier our city attorney's office, jon givner, our board city attorney and to his entire team, thank you all to our city attorney's office. (applause) >> and certainly everyone else from steve on down the entire mayor's staff that made this budget happen, thank you so much. an

kate? >> i guess we'll take anything you can get at this point. thanks so much, dan, for tracking that for us. >>> while the wildfires burn out west across the country rain is causing problems in the southeast. stalled front brings wet weather and the risk of flooding through the florida panhandle and others. meteorologist indra petersons it seems to not go away. >> we're talking about this stationary front stayinging in place day after day. this is the surplus since just june, 10 to 15 inches over where we should be, 20 to 30 inches of rain have fallen into the region. yesterday no difference, still talking about main perusing through the area and we'll talk about the pattern. here's tuesday, we're going to talk about why we call it a stationary front, it is still hanging out of the southeast, producing showers along with the tropical moisture. wednesday we'll see changes and we move the front through, notice in the southeast same picture, still talking about more rain, one to two inches o

kate? >> barbara, thats so much. we know whatever message conference call or virtual meeting, something was intercepted by intelligence officials to warrant the closing of the embassies and consulates that remain closed because the threat is still credible. barbara starr thank you so much. >>> three lucky people are waking up filthy rich this morning and you ain't looking at them. they'll be sharing the fourth largest powerball jackpot ever, $448 million. two winning tickets sold in new jersey, a third in minnesota. the rest of us here are the numbers we should have picked, which are exactly the ones i suggested, 5, 25, 30, 58, 59, and the powerball 32. zain asher live from south brunswick, new jersey, where one of the winning tickets was sold. hello, zain. >> reporter: hey, chris. there's so much we don't know. we have no idea whether it was an individual or a group. two tickets winners were in new jersey who only just joined powerball in 2010 and it's produced five winning tickets. south

these official pictures were taken at kate's parents' place by kate's dad. even the dog's in there. william said this about kate. >> she is doing a fantastic job. >> how is she, okay? >> yes, very well. >> that about lupo. >> he has been slobbering, and quite happy. >> reporter: william, possibility first british monarch to change a diaper. >> first nap. >> a badge of honor. >> i wasn't allowed to get away with it. i had every midwife staring at me, you do it. you do t's little fighter. wiggles around quite a lot. >> reporter: william and kate, the picture of modern parents, calling their future king a bit of a rascal. >> fellas might know, quite looking forward to going back to work. >> reporter: further proof the grass is always greener, of course, when you're born royal, yeah, you just want to be normal. they could have all the health in the world but william says he and kate like to do things themselves whenever possible and it seems, at this point at least, they still have not hire ed hireed a nanny. >> hands-on parent there is. >>> students at a community college will march to

little holly gave kate a homemade card for george. >> she said george likes cards. >> reporter: kate help her husband ring in a three-day marathon in wales. will and kate are expected to return here to their london home soon and people around kensington palace can't wait towards the the couple and the prince. >> it's going to be great for the area because people are going to be, you know, so excited about the fact that they might catch a glimpse of him. >> reporter: prince william completed his three-year tour of duty with the royal air force in wales this month. royal fans say they will miss seeing him and kate. alfonso van marsh, cbs news, london. >> they both look great. prince george turned six weeks on monday and reportedly was with kate's mother carol middleton. >>> we continue to try to get you around the bay bridge closure. southbound 880 stop and go from oakland down into hayward. we'll show you your worst traffic trouble spots after the break. ,,,,,,,,,,,,,,,,,, >>> good afternoon. a lot of folks we know are trying to head out of town for the labor day weekend and that may

they pull all of their resources from kate spade inc.. i think it not much to ask for a conditional use. if my small restaurant could do it, i'm pretty sure a billion dollar enterprise can do it as well. if a community supports them, i think it would be a great asset to the neighborhood. when i opened sorrow i voyager 2 years ago, it was a hellhole. the rest of our shops really cooperate and now we have tourist from all over the neighborhood. if jack spade is a real leader, they should play with nike and all of those shops. >> next speaker. >> good evening board medications. any -- members. my name is erin. in that capacity it's done with local independence. it's also done with regionals and what we call formula retail as well. tonight for me this is not about formula retail. it's about reliance, reliance upon an individual company or a corporation who follows the letter of the law and make commitments based on that and have those revoked. i'm concerned permanently what that would do with independent stores and only sharing that their com

he and kate have lived quietly and privately on this tiny, picture perfect island in north wales. here, duchess catherine can put aside the pomp of palace life and be plain old kate, pushing a cart in a grocery store. >> this has been our first home together and it will always be a special place for us both. >> reporter: but now, with william's tour of service ending, it's back to the palace for kate. good-bye, country living, hello kensington. but even there, the duchess will try to keep life as normal as possible, so, don't expect any formal family portraits any time soon. >> william is very keen not to have a professional photographer coming in and disrupting their privacy and their very tight-knit new family. >> reporter: instead, kate will take the pictures herself, just like any other new mom. lama hasan, abc news, anglesey, wales. >> she doesn't need photoshop, i bet. and we thank you for watching. we're always there at abcnews.com. "nightline" later. and i'll see you right back here again tomorrow. good night. outrage that brought a murder trial to a halt. >> thousand who'

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

kate? >> some people many want to see before the u.s. takes action. chris lawrence thank you. >>> we take you inside syria where the foreign minister says syria will defend itself if attacked. cnn's frederik pleitgen is the only network reporter on the ground in syria, live from damascus, what are you hearing from the ground? >> reporter: i actually was traveling around damascus earlier today and talked to people and they say they are concerned about the current situation of how possible u.s. air strikes, most of them saying they'll put their fate in the hands of god. at the same time the syrian government is continuing to say it had not used chemical weapons. air forces from the 1980s and 1970s, its air defenses areally bill ate better about you no match for u.s. air power and clearly the syrians know that. i was here a couple months ago when israelis hit a massive ammo depot outside damascus that set a mountain on fire and even then there was no retaliation by the syrian military. they sa

a free spirit, that's what i love about kate. kate hudson. kate hudson here tonight!plause ] also, one of the biggest names in sports broadcasting, nbc's bob costas will join us. bob will be here. [ cheers and alause ] we will talk to him about -- all these football player arrests, performance-enhancing drugs and some news that just broke. and he'll tell you about it when he gets out here. later, making their television network debut, kopecky family band will perform, ladies and gentlemen. [ cheers and applause ] all right, tomorrow night, casey affleck will join us. and on friday, meredith vieira. and coming next week on tuesday, august 6th, the president of the united states, barack obama, will be on our stage once again. [ cheers and applause ] so that's pretty exciting, yes. very exciting. all right, i love it when we do this bit. this is one of our favorite bits. we set up our phony photo booth over at universal studios. here to tell us about it, the voice of the "photo booth," kira soltanovich. kira, come on out here. ♪ [ applause ] >> hello, hello! >> jay: tell

kate? >> let's bring in meteorologist kim cunningham. what can folks expect tonight? >> kate, it does look like thunderstorms have developed right over or close to that area once again. you can see on the radar where the green is, the dark green has heavier rain. that hopefully will be moving out soon. it being looks like we might catch a break sunday and monday, but tuesday more storms are in the forecast for eastern colorado, catching a break in southern missouri which is definitely something we need. as long as that stationary boundary is in that area, there is a chance of showers and thunderstorms and potential for more flash flooding. looking better into missouri. >> kim kunging ham with the weather channel. now to breaking new withes with the manhunt in idaho for a missing california teen and her abductor. the latest from the search area. >> we heard from authorities that the amber alert came to an end. hannah anderson is found and healthy. the suspect in this disappearance, james dim

kate? >> barbara, watching it for us at the pentagon, thanks so much. >>> to cleveland, where ariel castro is now locked up for life. during his sentencing hearing the cleveland kidnaper said he was not a monster, but one of the women he tortured for a decade had a very different story to tell, an emotional but defiant michelle knight said she would overcome what happened but that castro would face hell for eternity. pamela brown is in cleveland with more on this gut-wrenching day in court. good morning, pamela. >> reporter: good morning to you, kate, no doubt the most powerful moment of yesterday's sentencing was when michelle knight boldly faced her tormenter, the man who kidnapped, raped, beat and terminated her pregnancy as an emotionless ariel castro looked on. >> he deserves life in prison. i could forgive you but i'll never forget. >> reporter: despite her tearful statement and the 937 counts against him, ariel castro was defiant, almost rebellious in court. >> i'm not a monster. i'm

>> you. >> i am only that lucky. >> kate, kate bolduan. kate? who is yours?here are random. anyone is blonde they think i look like. >> who do you get? andrew cuomo. he is funny looking, that's insulting. >> andrew? >> e-mail coming in right now. >> one day he's watching the show. >> our number three story. i am proud to be a dad. simon cowell opening up and confirming to the bbc that he will be a father and also saying things are changing in my life right now for the better. congrats, simon. >>> could baby northwest make her tv debut this week. rumors during an interview on kris jenner's talk show kanye west showed off a picture of his baby girl. the episode airs on friday. >>> big, big bucks. number one story. tv guide released its annual list of top paid tv stars. keeping the crown the highest paid actor in primetime. who do you think? >> ashton kutcher. >> on the screen. >> probably like not me. >> $750,000 an episode for his role in "two and a half men." we did math for you here on "new day" this morning. folks at home, $34,000 a minute. a minute. >> is

joining us from new york is kate taylor. thank you for being with us. >> my pleasure. >> three weeks to go, set up this race. what are you looking at? none of the candidates get 40% and the primary, there will be a runoff between the top two candidates. you have three candidates, christine quinn, bill thompson, and de blasio in a very tight race. poll, christine were and bill de blasio tied. we will see some very intense back-and-forth. some of the issues you will see, our term limits --christine quinn made a very controversial decision to lift the term limits. you'll also also see some discussion of new york city's police stop and frisk baptist, which was the subject of a friskl -- stop and practice, which was the subject of a federal case. the candidates all have said they will reform the practice. they have slightly different means of doing so. outher issue that will come as people's families. bill de blasio has been using his family a lot on the campaign trail. he has put his teenage son and a couple of ads. his son is m