Case 3:16-cv-00453-PK

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Darian A. Stanford, OSB No. 994491

darian@slindenelson.com
Scott T. Rennie, OSB No. 144154
scott@slindenelson.com
J. Curtis Edmondson WSB 43795 (pro hac vice pending)
curtis@slindenelson.com
SLINDE NELSON STANFORD
111 SW Fifth Avenue, Suite 1940
Portland, OR 97204
Tel: 503.417.7777
Fax: 503.417.4250
Of Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON
PORTLAND DIVISION
NAMU, INC., an Oregon Corporation, dba
NAMU KOREAN AND HAWAIIAN, and
NAMU KILLER KOREAN BBQ,
Plaintiff,
v.
NAMU HAIGHT, LLC., a California Limited
Liability Company; DAVID LEE, an
Individual
Defendants.

Case No.:
COMPLAINT
1. DECLARATORY RELIEF ACTION
PURSUANT TO A CLAIM OF
TRADEMARK INFRINGEMENT;
2. CANCELLATION OF TRADEMARKS
AT THE UNITED STATES PATENT AND
TRADEMARK OFFICE; AND,
3. OREGON UNLAWFUL TRADE
PRACTICES ACT
(28 U.S.C. 2201)

INTRODUCTION
1.

This dispute arises from the use of the word NAMU in connection with selling

Hawaiian-Korean barbeque in Portland. Plaintiff, Namu, Inc.,

Clint Colbert built the business

from scratch starting in 2010. A video of his first location was posted to the Internet on August
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23, 2010. (see https://vimeo.com/14355734). Since opening in 2010, he has expanded from this
humble start to three locations inPortland.
2.

The two NAMUs, one in Portland, NAMU PDX, and one in San Francisco,

NAMU SFO, have coexisted peacefully for years.

This is largely due to the fact that the Bay

Area and the Northwest are distinct geographic regions for the purpose of gastronomic tourism.
Where San Francisco is home to many ultra-gourmet restaurants, Portland prides itself on its
accessibility to international style street food.
3.

Without provocation, or any evidence that consumers in the Northwest and

consumers in the Bay Area are confused by the two businesses, NAMU SFOs lawyers
demanded that NAMU PDX stop using the word NAMU.
4.

NAMU PDX cannot stop using the name NAMU any more than NAMU SFO

can stop using their name without suffering irreparable harm.

5.

This declaratory relief action requests an order from this Court that NAMU PDX

may use the word NAMU in connection with serving food in the Pacific Northwest and to
enjoin NAMU SFO from advertising and marketing their restaurant services under the name
Namu in the same region.
PARTIES
3. Namu, Inc., (Plaintiff or NAMU PDX) is an Oregon Corporation which operates
three food carts throughout the Greater Metropolitan Area. Plaintiff has continuously operated its
food carts in interstate commerce under the names Namu Korean & Hawaiian, and Namu Killer
Korean BBQ. Plaintiff has never had a physical operation outside of the Greater Metropolitan
Area.
4. Based on information and belief, Namu Haight, LLC, (Defendant or NAMU SFO)
is a California Limited Liability Company which has operated the Namu Gaji Restaurant in San
Francisco. Based on information and belief, Defendant has operated under the name Namu
Gaji . NAMU SFO has filed for two USPTO trademarks: App. Serial No. 85/461,412
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(NAMU word), and App. Serial No. 85/738,256 (NAMU design plus word).
5. Further, based on information and belief, Defendant has never operated a restaurant
outside the San Francisco Bay Area and its name has never been used in interstate commerce.
JURISDICTION AND VENUE
6. This action arises under the Declaratory Relief Act, 28 U.S.C. 2201 et seq., and 28
U.S.C. 1331. The Court has personal jurisdiction over Defendant for the following reasons:
Defendant made unprovoked and unwarranted demands to Plaintiff based on Plaintiffs use of its
name in the usual course of its business located within this judicial district; on information and
belief Defendant ordered that Plaintiff cease using its commercial name pursuant to its rights at
Common Law; and, on information and belief, Defendant ordered that Plaintiff cease using its
commercial name pursuant to its rights under the Lanham Act 15 U.S.C. 1051 et seq.
7. Venue for this action is proper under 28 U.S.C. 1391(b)(2) because substantially all
of the events giving rise to this action have occurred within this judicial district.
FACTUAL BACKGROUND
Geographic Regions and Relevant Markets
6.

The Pacific Northwest Region (PNW) is generally divided into two geographic

sub areas: the Northwest Coast and the Northwest Plateau. (https://en.wikipedia.org/ wiki/
Pacific_ Northwest).

Within the Northwest Coast region, there are three metropolitan markets:

Portland, Seattle, and Vancouver. Collectively these three markets have approximately 7.5M
people.
7.

The San Francisco Bay Area (SFBA) is a region located near San Francisco, CA

that includes Nine California Counties: Alameda, Contra Costa, Marin, Napa, San Francisco, San
Mateo, Santa Clara, Solano, and Sonoma. Likewise, these nine counties also have a population of
approximately 7.5M people. See https://en.wikipedia.org/wiki/San_Francisco_Bay_Area.

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8.

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Due to the large distance between San Francisco and Portland, and great climatic

differences (PNW has rain, SFBA does not), restaurant consumers are drawn primarily from local
populations.

While, visitors and food critics may be out of town guests when they visit NAMU

PDX or NAMU SFO they never confuse what city they are eating in while consuming the food
provided.
9.

The mark which is used by NAMU SFO appears below:

The Beginning of NAMU PDX and Clint Colbert

9. Beginning in 2010, Plaintiffs owner, Clint Colbert (Colbert) set out with the sole
commercial purpose of providing high quality Hawaiian and Korean Barbeque. Mr. Colberts
goal was to start a food cart in Portland with the goal expanding in the PNW and Northwest Coast
region.
10.

Upon opening in April 2010, Namu PDX was located at 33rd and Hawthorne in

Southeast Portland under the name Namu Killer Korean BBQ using the Namu Design. (shown
below). Subsequently, in June 2010, NAMU PDX move to Southeast 43rd and Belmont, with
new signage as Namu Korean & Hawaiian.

At the time of opening his restaurant, Colbert was

not aware of any other restaurant and/or food service provider in the Greater Metropolitan Area,
or the United States operating under the name Namu. NAMU PDX has grown substantially,
and has added two additional locations in the PNW at Southeast 28th and Division, and in the
South Waterfront known as the Gantry, located on Southwest Moody Avenue. Each of the three
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locations uses the Namu Korean & Hawaiian name and symbol, as shown below:

11. Throughout the six year period Plaintiff has always remained in Portland as part of
PNW. NAMU PDX has continuously used the Namu name and has been recognized by customers
in Portland, and the PNW region. NAMU PDX has seen their establishments praised in food
guides for their respective localities. (Exhibit A).
NAMU SFOs Demand Letters
12. On January 26, 2016, without any provocation, Defendant sent a cease and desist letter
(January Demand Letter) to Colberts former business partner, Gary Evans (Evans),
demanding that Namu, Inc. cease and desist its use of the Namu Korean and Hawaiian and Namu
Killer Korean BBQ names. The January Demand Letter states that Namu Gaji name enjoys
protection at common law and under the Lanham Act. (Exhibit B).
David Lees Fraudulent Trademark Applications
13. David Lee applied for, and was granted a word mark, Namu Gaji, U.S. Trademark
Regustration No. 4,777,130 (130 Mark). The 130 mark was registered on July 21, 2015.
(Exhibit C).
14. David Lee also applied for, and was granted a design plus word mark, U.S. Trademark
Registration No. 4,334,874, (874 Mark). The 874 Mark was registered on May 14, 2013.
(Exhibit D).
15. The basis for the 130 and 874 registration was David Lees representation to the
USPTO that David Lee is the individual who owns the mark. A search of the San Francisco
County Fictitious Business Name Registry contradicts this; rather, Namu Gaji is owned by
Namu Haight, LLC. (Exhibit E). Currently, the California Secretary of State has suspended
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Namu Haight, LLC from conducting business activity. (Exhibit F).

16. The United States Trademark Manual of Examination Procedure (TMEP) clearly
states that the owner of the mark must been the applicant. TMEP 1201; Chien Ming Huang v.
Tzu Wei Chen Food Co. Ltd, 849 F.2d 1458, 7 U.S.P.Q.2d 1335 (C.A. Fed., 1988).
Counsel Could not Resolve this Dispute
17. On February 19, 2016 (February Letter), Plaintiff replied to then January Demand
Letter acknowledging Defendants letter and arguing that Defendants held no common law rights
to the Namu name in the Metropolitan Area. (Exhibit G). Counsel for NAMU PDX and NAMU
SFO have exchanged subsequent letters with no resolution.
COUNT 1
DECLARATORY JUDGMENT OF NON-INFRINGEMENT
18. NAMU PDX repeats and realleges each of the allegations set forth in paragraphs 1
through 17, and the same incorporated herein by reference.
19. NAMU SFO asserts that it holds superior rights to the word mark Namu Gaji and
similar names to Plaintiff.
20. NAMU SFO has never operated an establishment under the Namu Gaji nor any
other similar name in the PNW.
21. NAMU SFOs federally protected rights under the 130 and 874 registrations do not
exist based on its fraud on the USPTO.
22. NAMU PDX has been using the names Namu Korean & Hawaiian and Namu
Killer Korean BBQ continually in commerce since 2010.
23. Therefore, NAMU SFO holds no rights to Namu Gaji or similar names at common
law within the PNW.
///
///
///
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COUNT 2
TRADEMARK CANCELLATION OF THE 130 and 874 Marks
24. NAMU PDX repeats and realleges each of the allegations set forth in paragraphs 1
through 23, and the same are incorporated herein by reference.
25. David Lee applied for two trademarks at the USPTO stating he was the owner of the
130 and 874 marks.
26. David Lees representation was false and fraudulent in view of the FBN filing in San
Franscisco County that Namu Haight, LLC owns the Namu Gaji mark. Further, the actual
owner of the mark, Namu Haig, LLC, has been suspended by the California Secretary of State.
COUNT 3
VIOLATION OF OREGONS UNLAWFUL TRADE PRACTICES ACT
27. NAMU PDX repeats and realleges each of the allegations set forth in paragraph 1
through 26, and the same are incorporated herein by reference.
28. NAMU SFO made demands that it has valid USPTO marks, namely the 130 Mark
and the 874 Mark, and asserted other enforceable rights in the name NAMU. Further, NAMU
SFO demanded that NAMU PDX should cease using the NAMU name.
29. NAMU SFOs demands were, in fact, false. These false demands have damaged
NAMU PDX to the extent that it has been forced to seek legal advice on responding to these
demands. Further, NAMU PDX is damages insofar as it cannot expand in the PNW without the
damoclean sword of litigation hangin over its business. Finally, the value of NAMU PDX has
been significantly dimished while NAMU SFOs unwarranted and meritless demands are pending
as any potential buyer would be forced to discount the goodwill associated with the NAMU PDX
name.
///
///
///
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PRAYER FOR RELIEF

ON ALL COUNTS
A. NAMU PDX seeks declaratory judgment that it is the priority holder to the mark
Namu and variations thereof in the class of goods for restaurant services within the PNW;
B. NAMU PDX seeks declaratory judgment that NAMU SFO, David Lee, their agents,
servants, assigns, and all other related parties, do not hold any rights to the Namu mark or any
variations thereof in the PNW;
C. A temporary restraining order, preliminary and permanent injunction against NAMU
SFO, David Lee, their agents, servants, assigns, or related parties from interfering with NAMU
PDX customers in the PNW, by claiming they are the owner of Namu or similar sounding
names in the class of goods for restaurant services within the PNW;
D. Cancellation of the 130 Mark and the 874 Mark for fraudulent registrations by David
Lee in front of the USPTO;
E. Actual damages pursuant to Oregons Unlawful Trade Practices Act;
G. Reasonable Attorney Fees;
H. Costs of Suit; and,
I. Any and all other appropriate nondiscriminatory measures to overcome the above
described actions of Defendant.
DATED: March 15, 2016
SLINDE NELSON STANFORD
By:

/s/ Darian A. Stanford.

Darian A. Stanford, OSB No. 994491
Email: darian@slindenelson.com
Scott T. Rennie, OSB No. 144154
Email: scott@slindenelson.com
Attorney for Plaintiff

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EXHIBIT A

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Namu

!.'.f.H-

Aovrnns~

Namu KillerKorean BBQ

dleselbor
June 17, 2010 Written by dieselboi

21 Comments

Location: SE 43rd and Belmont

The Story:
Hawthorne, always a destination spot for
many Portlanders, Is now a destination for
food

cart

lovers. With Cartopia at SE 12th

and Hawthorne redefining late night nosh,

and the venerable Whole Bowl up around
40th, Hawthorne

knows food. Now, a new

pod has spring up in front of House of

Vintage at SE 33rd. Namu, a cool hand-bullt
ca rt with a rustic steel roof is one of those
new carts serving up a tasty menu of
Korean BBQ.

owned and operated by Gary Evans and Clint Colbert,.

Namu offers up only a few items, but those items sate
your BBQ appetite. The pulled pork, a hunk of love that
had been marinating

all

day is served with cabbage and

a superb homemade honey horseradish sauce on a

toasted bun. The pork, sourced locally from Sweet Briar
Farms was decadent and the entire sandwich melted In
my mouth. Iwas supposed to brtng It home to share,
but it never made it off the lot. Other items on the menu
include Korean short ribs - rice served with peanut
sauce, some ribs, cucumber salad, klmchee and sesame
spinach. For $7, that is quite a meal. They offer a veggie
bowl which, from a review by Bar Pilot over at the
Portland Monthly, is a "spicy, satisfying safari of flavors,"
Gotta try that sometime.

hllp;//www.foodcar1sporUand.com/2010/06/17/namu-killer-korean-bbql

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Namu is just the start of the great carts opening at 33rd and Hawthorne. They are open daily to
serve you up both lunch and dinner. Since they only have a few items, you know they focus their
energy to make them the best they can. Drop on by Namu, say hi to Gary and Clint. check out their
cool cart and let them know Food Carts Portland sent ya.

sample Menu:
Pulled Pork Sandwich: sweet horseradish sauce, pulled pork, cabbage and BBQ sauce on
toasted bun - $5
Korean Short Ribs: rice w/peanut sauce, ribs, kimchee, cucumber salad and sesame spinach -

$7
Veggie Bowl: rice, cucumber salad, sesame spinach, kimchee, drizzled with peanut sauce - $4
Hours: Daily, 11 am-7pm
Phone: 503 828 4260
INSERT_MAP

Facebook 'o

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Reddit

j ii/Iii Ema.II

.[

Print. :

Filed Under: Debit/Credit Cara Accepted. Dinner, Korean, Lunch, Salads, Sandwiches. SE 43rd and Belmont;.
Southeast-Portland, Vegetarian Options Weekends

Comments
~'
~:

Natalle says:
June 17, 2010 at B:13 am

I love this cart so much. The pulled pork is the perfect blend of sweet and salty, and every bite
is juicier than the last. The $1 kimchi is also pretty delicious. I haven't gotten around to trying
out the other meats (along with the short ribs, they also have a chicken sandwich), but
hopefully I will soon.

df
"llfi"'

Kr1sttna says:
June 17, 2010 at4:30 pm

I love the vegan bowl herel I only wish they offered tofu in the bowl. But it is the perfect mix of
rice, spinach, cucumber, and kim chi! MMMM. And the portion is appropriate, not too much
and not too little.

--~

~,:,

J.says:

June 21, 2010 at 11:42 am

Hey! there's a Mexican cart/truck right next door to this one in front of the Vintage place. I had
their veggie burrito and It was quite tasty. Check It out!

/lili

Amber Case says:

11.j'j June 22, 2010 at 12:40 pm

Awesome cart! Super delicious and wonderful. Had the vegan bowl and it was completely
worth it. Peanut sauce on the rice was drool-worthy!

Chrlsttne says:
June 25, 2010 at 9:37 am

http://www.foodcartsporUand.com/2010I06/17/namu-killer-korean-bblj

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Haw, hour for wholefamlly-SFGate

SFGATE

http://www.sfgate.com/restaurants/barbites/article/Namu-Gaji-in-S-F-Happy-hour-for-whole-family-4180656.php

Namu Gaji in S.F.: Happy hourfor wholefamily

By Tara Duggan Updated 3:11 pm, Wednesday, January 9, 2013
ADVERTISEMENT

IMAGE 1 OF 4
Sous chef Daniel Lim cooks a piece of beef on the grill at Namu Gaji in San Francisco.

Bar bite and kid-friendly aren't usually said in the same breath, and certainly not in
crowded Mission District restaurants. Yet Namu Gaji bridges that gap by offering a kk
menu during its happy hour, when the restaurant isn't as packed.
If you have miniature soba slurpers, it's a great opportunity to try the California-inspired
Korean restaurant's bar menu and deals on drinks without having to worry about the crowd

lilp://www .sfgate.com/restaurantslbarbites/articlelNamu-Gaji-i

n-S-F-Heppy-hour-for-whole-fam ily-4180656.php

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Namu Gaji in S.F.: HSWY hour fa whole family- SFGate

Page 13 of 29

Namu Gaji is run by chef Dennis Lee and his brothers David and Daniel. After opening a
restaurant in the Richmond District and gaining a broader audience with a Ferry Plaza stam
the brothers relocated to Dolores Park last year.

The vibe: Warm and casual, with thick wood-slab tables, wood rafters and trim, lots of bar
seating and a long communal table.

The crowd: During happy hour, some families come in; otherwise it's younger couples and
groups of friends.
Best seat: While bar seats rim the restaurant, the handful facing the traditional charcoal
grill make for good meal-side entertainment.
Killer app: Korean tacos {$3 each) are a must-order, with their nori wrapper. Kids can
chose from options like a rice plate with mung bean sprouts, kimchi, toasted seaweed and a
hot dog {$9) or a mini version of the okonomiyaki, a savory pancake with shredded
vegetables and meat {$6).

Signature drink: During happy hour, beers on tap are $3, including the proprietary Tillie'
Union Ale, a rice ale made by Magnolia Brewery. Wine is also available at a discount, like th
Jo Landron Atmospheres brut sparkler ($6).
Also on tap: During happy hour, the Seitokujunmai ginjo sake goes for $6, and there are
always soju shots for $2.
http://www.sfgate.com/restaurants/barbites/article/Nam u-Gaji-in-S-F-Happy-hcu-for-whole-family-4180656.php

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EXHIBIT B

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Haight eurr~ntly owns U.S. ~Tr.a~em~k Registra~onsfortbe ~ord ~rk N.A~L:_OAJ!.

(N~; 4777130).andfor.the NAlvlU d~gn.mark(No._433.4874), both ~n oonn1:tton.w1tb
''restaurant and bar services, in~ludjng carryout .~ces; restaunmt and cat~ng .

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~waii~' ~ j&Ni:mp Killer Korean BBQt and as :contained iA the internet .demaJtt name ''na,nufoodcart.eomt which are confusingly similar ti) Namu. Hajgitrs tr,tde._,._. :
Your use of the infringini names is likely to cause c~t~ers-of .Namu Flajg~t's
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restaurants. as well as the general national audience. familiar.with its restaurant,, to : .-.:\ \
believetttere is a connection between you and its restautants,.whi'ch there is not.
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N"'1tu H~~ght trusts you meant no. hatm to it ill taking the .term "aamu" for .your ,own use
and believes.th~ttltls matter.may ~tiU be resplved,ainicably withy.ourcooperation. In

that regard. and to protect its rights and avoid confusion, .N. amu ,~ui.?9, tliatyou ~

use oftluftenn "name" in connection with your food carts and . transr,r to It y(lf

infringing URL namufoodoart.com.

Jiotwi~d.mg

Nam11 . Haight~s willingness to ami~iy ettle:

this

m~t it ij~~

infringe~ent 0:f::~:'i;JJ~$' seriou$ly. Yo.~ a~ent Witlihithe .next 1:0:liiiys''.afeeasc:,Use

of:dte term 5~natnu' ~~ to adop~ -replacement nan,~. t.h,ti~. 1'Qt l;~,tf~~y umilat. will
teride{'fu.fffier action ori Namu Haight'.s part unn~s.aa:y . ?{~ fi~ y.~ur ~g~~tby~uting and retuming this letter no 1tter ,thmi:Febtuary S/20lti., we ~p~
:)fOUJ'
andcip~;o~().n,JII this matterand-look,fotwata to.y&tt~~speedf~ly.
Ill
/ti

.
-:

..

Case 3:16-cv-00453-PK

Gary

Document 1

Filed 03/15/16

Page 17 of 29

Bvans

January 26)2016
Page 3.

Nothing in this letter shall be construed as a waiver of any ngbt or remedy available to
Namu Haight internationally and/or in the United Statea. an 0f which ar~ expressly
,reserved.

Very truly yours,

Accepted and Agreed, as an Authorized Signatory:

Signature

Print Name ed Title

Date

Case 3:16-cv-00453-PK

Document 1

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EXHIBIT C

Page 11 COMPLAINT

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EXHIBIT D

Page 12 COMPLAINT

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Case 3:16-cv-00453-PK

Document 1

United States Patent and Trademark

1~

Filed 03/15/16

Page 22 of 29

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Word Mark

NAMU

Translations

The English translation of "namu" in the mark is "tree" or ''wood".

Goods and
Services

IC 043. US 100 101. G & S: Restaurant and bar services, including restaurant carryout services;
Restaurant and catering services. FIRST USE: 20061201. FIRST USE IN COMMERCE: 20061201

Mark Drawing

Code

(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

Design Search
Code

25.03.06 - Backgrounds covered with wood graining; Wood graining (background)

Serial Number

85738256

Filing Date

September 25, 2012

Current Basis

1A

Original Filing
Basis

1A

Published for
Opposition

February 26, 2013

Reglstration
Number

4334874

Registration Date May 14, 2013

owner

(REGISTRANT) Lee, David INDIVIDUAL UNITED STATES 778 11th Avenue San Francisco
CALIFORNIA94118

Case 3:16-cv-00453-PK

Attorney of
Record
Description
Mark

Document 1

Filed 03/15/16

Page 23 of 29

Vijay K. Toke
of

Color is not claimed as a feature of the mark. The mark consists of a crosscut of a wooden tree with
the word "namu" in the lower right hand corner.

Type of Mark

SERVICE MARK

Register

PRINCIPAL

Live/Dead
Indicator

LIVE

Milli
I .HOME I

SITE INDEX I SEARCH

eBUSINESS

HELP

PRIVACY POLICY

Case 3:16-cv-00453-PK

Document 1

Filed 03/15/16

Exhibit E

Page 13 COMPLAINT

Page 24 of 29

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Document 1

Filed 03/15/16

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Page 14 COMPLAINT

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Business Search- Business Entities - Business Programs

3114/2016

lness Entlties (BE)

OnlineServices

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reflect work processedthrough Friday, March 11, 2016. Pleaserefer to Processin9 Times for the
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record of an entity.

Service Otlons

NAMU HAIGHT, LLC

Name Availability

200920210046

Forms, Samp!es & Fees

07/20/2009

Statements of Information
(annual/bienn1al reports)

SOS SUSPENDED

Filing lips

CALIFORNIA

Information Requests
(certificates, copies &
status reports)

499 DOLORES ST
SAN FRANCISCO CA 94110

Service of Process

"~"'"t t<1, Scrvict:

FAQs

of l-rnce5,c. VIJAY TOKE

Contact Information

101 LUCAS VALLEY RD STE 300

Resources

SAN RAFAEL CA 94903

- Business Resources

- Tax Information
- Starting A Business
CustomerAlerts
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- Mlsleadlng Business
Solidtations

Indicates the information is not contained in the California Secretary of State's database.

* Note: If the agent for service of processis a corporation, the address of the agent may be requested
by ordering a status report.
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For information on ordering certificates, copiesof documents and/or status reports or to request a
more extensive search, refer to Information_ Requests.
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Case 3:16-cv-00453-PK

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EXHIBIT G

Page 15 COMPLAINT

Page 28 of 29

Case 3:16-cv-00453-PK

Document 1

Filed 03/15/16

Page 29 of 29
SCOTT

T.

RENNIE

scott@slindenelson.com

February 19, 2016

Via regular mail and email
Mr. Vijay Toke
Cobalt, LLP
918 Parker Street, Building A21
Berkeley, CA 94710
T: 510.841.9800
F: 510.295.2401
E: vijay@cobaltlaw.com
RE:

Use of Namu & Namu Gaji Proprietary Marks

Namu Haight, LLC I Dispute with Namu, Inc.

Dear Mr. Toke,

Thank you for your letter on behalf of the Lee brothers, and Namu Haight, LLC. Namu, Inc.
wishes to resolve this matter in a timely and cost effective manner. As you are aware, "Namu Korean &
Hawaiian" and "Narnu Killer Korean BBQ" have been in consistent use in commerce throughout the
Portland, OR Metropolitan Area since 20 I 0. As you are also aware, the Portland Metropolitan Area is
expansive, with a radius of nearly 50 miles in all directions (e.g. roughly Longview, WA - North;
Sheridan, OR - West; Government Camp, OR - East; and, Salem, OR - South). It is clear from your
trademark filings that Namu Haight, LLC did not use its mark in interstate commerce prior to November
1, 2011; more than a year after Namu, Inc. 's first use in the Portland Metropolitan Area.
Thus, while Narnu, Inc. understands your position, we respectfully disagree that you currently
hold any common law rights or otherwise, to use the name Namu or Namu Gaji within the Portland, OR
Metropolitan Area. Moreover, any rights you may have in Namu, Namu Gaji, and/or the Namu Wood
design, did not vest until after Namu, Inc. 's date of first use in this region, rendering them unenforceable.
Therefore, Namu, Inc. will continue to use its trade names "Namu Korean & Hawaiian" and
"Narnu Killer Korean BBQ" within the Portland, OR Metropolitan Area until such time that Namu
Haight, LLC can provide credible legal authority supporting its right to use the name Namu, Namu Gaji,
and/or the Namu Wood design, in the Portland Metropolitan Area.
Nothing in this letter shall be construed as a waiver of any right or remedy available to Namu,
Inc. internationally and/or in the United States, all of which are expressly reserved.
Regards,

SLINDE NELSON STANFORD

;,.

>

IE

11940 US Bancorp Tower

111 SW Fifth Avenue

Portland, OR USA
97204

t. 503 417 7777

f. 503 417 4250

www.sl,ndenelsonstanford.com