Joe's Pizza Lawsuit

Case 1:17-cv-06541 Document 1 Filed 11/09/17 Page 1 of 34 PageID #: 1
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NEW YORK
FAMOUS JOES PIZZA, INC., a New York ECF CASE

corporation,
Civil Action No.: 17-cv-6541
Plaintiff,
v. COMPLAINT
FAMOUS JOES PIZZA OF THE VILLAGE,

INC. a New York corporation, VICTOR
ZARCO, an individual, JOHN AND JANE
DOES 1-10, and JOHN DOE CORPORATIONS JURY TRIAL DEMANDED
1-10,
Defendants.
Plaintiff Famous Joes Pizza, Inc., (Joes Pizza or Plaintiff) for its complaint
against the Defendants Famous Joes Pizza of the Village, Inc. (Joes Pizza of the Village) and
Victor Zarco (Zarco), John and Jane Does 1-10, and John Doe Corporations 1-10 (collectively, the
Defendants) herein states as follows on knowledge as to Plaintiff and otherwise on information
and belief:
THE PARTIES
1. Plaintiff is a corporation organized and existing under the laws of the State of
New York with an office and principal place of business at 7 Carmine Street, New York, NY 10014.
Plaintiff operates a pizza restaurant under the name and mark JOES PIZZA at that location.
2. Joes Pizza of the Village is a corporation organized under the laws of the
State of New York. The corporation has a principal place of business at 349 5th Avenue in Park
Slope, Brooklyn, New York 11215. The corporation operates a pizza restaurant under the trade
name JOES PIZZA OF THE VILLAGE at 349 5th Avenue in Park Slope, Brooklyn, New York
11215. Joes Pizza of The Village operates a second pizza restaurant under the trade name JOES
PIZZA OF THE VILLAGE at 483 5th Avenue, in Park Slope, Brooklyn, New York 11215.
3. Zarco is an individual and the principal shareholder of Joes Pizza of the
Village. He solely manages, controls, and operates the business and makes all corporate decisions
for the business. He was personally responsible for selecting the name of the corporate defendant and
the trade names of the businesses. He was also personally responsible for the marketing activities of
the businesses and for their web presence including social media. As such, he is personally
responsible for his own acts and the tortious and infringing acts of Joes Pizza of the Village at the
two locations. Joes Pizza of the Village is so dominated and controlled by Zarco that the Defendants
are interchangeable with one another.
4. Upon information and belief, Defendants John and Jane Does 1-10 are
individuals whose names and address of residences are unknown.
5. Upon information and belief, Defendants John Doe Corporations 1-10 are
corporations, the names and addresses of residences of which are unknown.
JURISDICTION AND VENUE
6. This action arises under the trademark laws of the United States, the Lanham
Trademark Act of the United States, 15 U.S.C. 1051 et seq., and under statutory and common laws
of the State of New York.
7. This Court has jurisdiction over the subject matter of this action pursuant to 28
U.S.C. 1338(a), the Lanham Trademark Act of the United States, 15 U.S.C. 1121, et seq. This
Court has supplemental jurisdiction over the state law claims pursuant to 28 U.S.C. 1367(a).
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8. This Court has personal jurisdiction over Defendants because the Defendants
are doing business in the State of New York through restaurants located in New York City, Joes
Pizza of the Village is a New York corporation, and Zarco resides and works in the State of New
York.
9. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 because
this is an action brought pursuant to the Lanham Trademark Act, Defendants conduct business in this
judicial district, Joes Pizza of the Village and Zarco are subject to personal jurisdiction here, and the
events giving rise to the allegations of this Complaint occurred in this district.
BACKGROUND
A. The History of Joes Pizza, Its Steller Reputation and Tremendous Goodwill
10. Plaintiffs founder, Pino Pozzuoli (Pozzuoli) (now retired) opened a number
of pizza restaurants in Boston, Massachusetts in the 1960s, after moving to the United States from
Italy. In 1974, Pozzuoli moved to New York City, and by early 1975, he opened the now heralded
pizza restaurant named Joes Pizza at 233 Bleecker Street, New York, New York, on the corner of
Bleecker and Carmine Streets in the heart of Greenwich Village. In 1975, Pozzuoli adopted the
name and mark JOES PIZZA because Joe is the English equivalent of his Italian given name
Pino and people here thus referred to him as Joe. His business sign identified the business as
JOES PIZZA. In about 1983, Plaintiff put up a new JOES PIZZA sign which used a script font for
the word JOEs and showed the word JOEs at an angle to the word PIZZA. The lettering is
entirely red and appears on a large backlit white background. Plaintiff has used the mark JOES
PIZZA in that form since 1983 above the door of Plaintiffs restaurant, and in order ways customary
in the trade. An image (Bleecker Street Storefront) of the 233 Bleecker Street business on the
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corner of Bleecker and Carmine Streets with the JOES PIZZA script signage is shown below:
11. In 1996, to keep up with demand, Pozzuoli opened a second location a few
door down the street on Carmine, namely at 7 Carmine Street. Recognizing that the script mark
JOES PIZZA and sign had developed goodwill and recognition among its consumers, Pozzuoli used
the same mark and sign at his second location. In addition, he placed a photograph of his 233
Bleecker Street storefront, i.e., the Bleecker Street Storefront, in a frame and displayed it
prominently on a wall of the 7 Carmine Street restaurant so that all customers of Joes Pizza would
associate Pozzuolis two pizza restaurants as one, and not consider them competitors. Plaintiff today
still owns and operates the 7 Carmine Street location from which it has served and continues to serve
millions of pizza slices to patrons who visit from far and wide. Below is an image of Plaintiffs
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current signage at 7 Carmine Street:
At or around 1996, Plaintiff added the term famous to the awning because Plaintiff had indeed
become famous and famous corresponded with its then adopted corporate name.
12. After co-existing for a number of years, the original location at 233 Bleecker
Street closed due to an unreasonable rent escalation while Plaintiff continued to operate at its second
location on Carmine Street as its principal location. Nevertheless, Plaintiff continued to use the
image of its first restaurant as a trademark representing its pizza services and the goodwill long
established by its operation at the corner of Bleecker and Carmine. Currently, the now iconic photo
of the first restaurant remains on the walls of its Joes Pizza restaurants.
13. Through extended and continued use over the years, the mark JOES PIZZA
shown on Plaintiffs signage and the Bleecker Street storefront image have become distinctive
trademarks associated with Plaintiffs pizza restaurant services. Indeed, the pizza restaurant has
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grown not just a national following, but an international following as well. Since Pozzuoli retired,
Pino Pozzuoli, Jr., (aka Joe Pozzuoli), now controls the activities of Plaintiff.
14. Due to Pozzuolis hard work and knowhow, Plaintiffs business from its very
beginnings received much publicity and acclaim, including rave reviews in numerous publications.
That publicity included New York Magazine naming Joes Pizza "Best of New York." in 1996. This
was New York Magazines yearly double issue that featured some of the most popular restaurants,
bars, clubs etc. The article describes Plaintiffs pizza as "the quintessential New York slice." See
Exhibit A. New York Magazine has given Joes Pizza many positive reviews over the years. In one
review, the magazine referred to Joes Pizza as a Greenwich Village institution. See Exhibit B.
15. Time Out New York, a magazine that focuses on arts, recreation, and dining in
New York, often lists Joes Pizza as one of the top pizza shops. In the November 30, 2006 issue,
which features a cover story about pizza, Joes Pizza is ranked as number 5, and is specifically noted
as one of the best late night pizza destinations in NYC. See Exhibit C.
16. The New York Post printed an article called PIZZA WARS and included a
photograph of Joes Pizza and competitor Dominos Pizza. The article included a comparison and
portrayed Joes Pizzas pizza quite favorably. See Exhibit D.
17. Joes Pizza has been a stop on tour bus lines that bring in tourists from all over
the world. Scott's Pizza Tours (see http://www.scottspizzatours.com) featured Joes Pizza as one of
the key stops on its New York walking tour, noting that: IfKevin Bacon, Ben Affleck and
thousands of New Yorkers are right, Joes is the greatest slice of pizza in the world. See Exhibit E.
18. Joes Pizza has also appeared in many films, TV Shows, and various other
print media through its history. The business is often utilized by filmmakers who seek an authentic
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New York backdrop. Over the years, there were several instances where filming was also done
inside the location. Films and TV shows where Joes Pizza can be seen include: Fatso (1980), Law
& Order (1990s), The Night We Never Met (1993), Along Came Polly (2004), and Looking For
Kitty (2004). JOES PIZZA has also appeared on popular morning talk shows such as the previously
named REGIS AND KELLY show.
19. In 2004, extensive shooting for the highly successful and profitable film
SPIDERMAN 2, starring Toby Maguire as Spiderman occurred at Joes Pizza. Joes Pizza is in fact
one of the main locations for the movie. Joes Pizza is prominent in the entire opening sequence of
the film. Photographs of Peter Parker, played by Tobey Maguire, working for Joes Pizza are below.
20. Joes Pizza also appeared in a subway ad campaign for the popular HBO
series, Sex and the City. This ad campaign showed the star of the series Sarah Jessica Parker playing
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Carrie Bradshaw, immersed in the daily New York City experience. Some of the ad posters, as
shown below, showed her eating a pizza slice at Joes Pizza.
21. More recently, on an episode of Keeping Up with the Kardashians that aired
on November 5, 2017, Kim Kardashian suggested going to the iconic N.Y.C pizzeria, Joes Pizza to
satisfy a craving. During the episode, there is a shot (shown below) of the front of Joes Pizza and a
scene showing Kim Kardashian, her sister Khloe Kardashian, and their friend Jonathan Cheban
buying slices of pizza from the famous 7 Carmine Street location. This segment of the episode can
be viewed at the following URL: <http://people.com/food/kim-kardashian-diet-khloe-jonathan-
cheban-kuwtk>. Keeping Up with the Kardashians is in its 14th season on E! and the majority of
episodes have well over 1,000,000 people in viewership.
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22. Joes Pizza has received many unsolicited celebrity endorsements as well.
Film star Ben Affleck has often stated how he is a fan of the pizza shop. In the April 10, 2004
edition of the New York Post, shown below, he said, "[t]here are tons of pizza places all over New
York. It definitely has the best pizza in the world. But Joe's [Pizza] is the best of the best."
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23. In 2002, Nike featured Joes Pizza storefront in a commercial. The
commercial, entitled Jason Giambi Goes Yard, portrays a series of NYC images marked by
distances from where Jason Giambi, a former famous Yankee player, is about to hit the ball. As
shown in the commercial, the Empire State Building was at 29,287 feet, the Verrazano Bridge was at
92,874 feet away, and there was a screen shot of Joes Pizza at 40,502 feet away. A screen shot of
the storefront in the commercial showing its distance from Giambi is reproduced below:
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24. Even the videogame GRAND THEFT AUTO III featured an image of Joes
Pizza as part of its effort to replicate an authentic NYC backdrop. Appearing in that game was an
artists rendition of the image of one side of Plaintiffs storefront at 233 Bleecker Street. See the
below screenshot from the game. At least 15 million copies of the game have been sold and all those
using the game associate the distinctive JOES PIZZA (stylized) mark with Plaintiffs business:
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25. More recently, Joes Pizza was featured on a BuzzFeed YouTube video titled
$2 Pizza Vs. $2,000 Pizza where the hosts review Joes Pizza vs. Mario Batalis Eataly pizza vs. a
$2,000 pizza. While interviewing Mario Batali, the hosts ask do you know Joes and Mario Batali
quickly responds [y]ou mean the best slice in New York, Yes. Below is a screenshot of the video,
which is available on YouTube at the following URL:
<https://www.youtube.com/watch?v=bcdJgjNDsto&feature=youtu.be&t=1m9s>. The reviewers
determined that Joes Pizza was the best of the three.
B. Expansion of Joes Pizza
26. In 2013, Plaintiff granted its first trademark license to a Joes Pizza restaurant
which opened at 150 East 14th Street, near the corner of Third Avenue in New York City. Below is a
photograph of the 14th Street restaurant:
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27. In 2015, Plaintiff licensed a Joes Pizza in Brooklyn located at 216 Bedford
Avenue in Brooklyn, New York. Below is a photograph of the 216 Bedford Avenue location.
28. In 2017, Plaintiff licensed a Joes Pizza at 1435 Broadway in New York City
in the heart of Times Square. Below is a photograph of the 1435 Broadway restaurant.
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29. The entities that operate all of these licensed restaurants are partially owned by
Joe Pozzuli Jr., and two of Pozzuolis grandchildren, who work for the businesses.
30. Expansion of Plaintiffs Joes Pizza restaurants is not limited to New York.
Plaintiff licensed a location in Shanghai, China, which opened in March 2017. Below is a
photograph of the Joes Pizza restaurant at 81 Wujiang Road, JingAn District, Shanghai, China.
31. As can be seen in the photographs above all of the Joes Pizza restaurants use
the famous JOES PIZZA stylized script and signage including the red lettering on a large white
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backlit sign, which are the subjects of Plaintiffs registered trademark rights, and together are
protectable under Plaintiffs common law rights. The licensed restaurants have also added the term
Since 1975 to the sign so it is clear they are associated with Plaintiff and its two original locations
on Carmine Street and Bleecker Street.
32. To serve its customers in various parts of the country where no physical
location exists, Plaintiff has partnered with Goldbely, a curated online marketplace for regional and
artisanal foods crafted by local food purveyors throughout the United States. Through Goldbely,
consumers throughout the United States now have the ability to have Joes Pizza slices and pies
shipped to them regardless of where they are located in the country.
33. Plaintiff also partnered with Good Uncle to sell Joes Pizza to consumers
throughout the country. Good Uncle is another food service company whose focus is to bring
classic, iconic brands to consumers nationwide, including on college campuses. Through Good
Uncle, Plaintiff can offer its iconic pizza throughout college campuses nationwide.
34. Plaintiff has plans to further expand its locations in New York City,
nationally, and internationally, either on its own or via licensees, including in China, the United
Kingdom, South Korea, and the Middle East.
C. Plaintiffs Trademark Registrations
35. Plaintiff registered its long used trademark JOES PIZZA (stylized) with
United States Patent and Trademark Office (USPTO) and owns all right, title and interest in and to
the mark JOES PIZZA (stylized), shown below:
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This mark is the subject of U.S. Registration No. 4,333,540 issued by the USPTO on May 14, 2013
in connection with restaurant services featuring pizza and take-out restaurant services, and cites a
date of first use at least on or before December 31, 1983. See Exhibit F.
36. Plaintiff also owns all right, title, and interest in and to the mark herein
referred to as JOES PIZZA (logo):
This mark is the subject of U.S. Registration No. 4,402,507 issued by the USPTO on September 17,
2013 in connection with restaurant services featuring pizza, and for take-out restaurant services, and
cites a date of first use of March 2012, and at least as early as December 31, 1983 in an earlier form.
See Exhibit G.
37. Plaintiff also owns trademark registrations and pending applications for the
marks JOES PIZZA (stylized) and JOES PIZZA (logo) in various foreign countries, including in
China, Hong Kong, Macao, and South Korea.
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D. Defendants Unlawfully Competing Acts and Operations
38. Zarco is a former employee of Plaintiff. When Zarco opened his own pizza
restaurant at 349 Fifth Avenue in Brooklyn, New York, he chose to name the restaurant FAMOUS
JOES PIZZA OF THE VILLAGE to trade on the goodwill and reputation of his former employer
and incorporated the Defendant corporation under the name Famous Joes Pizza of the Village to
further associate his business to that of Plaintiff. All of his actions were performed without
authorization or consent from Plaintiff. The corporate defendant and/or Zarco later opened another
second restaurant under the name JOES PIZZA OF THE VILLAGE at 483 5th Avenue, Brooklyn,
New York.
39. Zarcos given name is Victor, not Joe and the reference to Joe in Joes
Pizza of the Village is an obvious reference to Pozzuoli who founded Joes Pizza.
40. Below is an image showing the signage at 349 5th Avenue, wherein it can be
seen that the business is prominently using the term famous as well as of the Village to identify
itself:
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41. The image below shows the signage that existed at 483 5th Avenue prior to
October 2017 wherein it can be seen that the business is prominently using the term of the Village
to identify itself:
42. In early October 2017, to further take advantage of Plaintiffs goodwill and
reputation and to add to consumer confusion, Defendants 483 5th Avenue location changed its
outdoor sign to fully replicate Plaintiffs JOES PIZZA signage. Below shows a true and correct
copy of an image of the new stores sign at 483 5th Avenue in Brooklyn, New York.
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43. As can be seen below, the restaurant at 483 5th Avenue has also adopted the
date Since 2004 and placed it on its sign in a manner identical to Plaintiffs Since 1975 on its
restaurant signs and in the same location (under the letter A of Pizza). A side-by-side
comparison of Plaintiffs 14th Street location sign and the 483 5th Avenue sign is shown below:
Plaintiffs JOES PIZZA (stylized) Use
Defendants New Use of JOES PIZZA BY THE VILLAGE
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As can be seen above, the 483 5th Avenue sign now depicts JOES PIZZA in a stylized font
substantially similar to, if not almost identical to, Plaintiffs JOES PIZZA (stylized) signage.
Defendants did not receive permission from Plaintiff to put up this nearly identical sign.
44. Defendants continued efforts to confuse or deceive consumers is evidenced
inside the restaurants as well. Defendants have hung collages of photos in their restaurants of
Plaintiffs restaurant alongside photos of their own restaurants. In one such collage, Defendants have
combined images taken of Plaintiffs restaurant, of Pozzuoli in front of Plaintiffs restaurant, of
Plaintiffs celebrity customer Robin Williams with Zarco, and also images of Plaintiffs restaurant
during the filming of Spiderman 2 along with an exterior image of Joes Pizza of the Village
restaurant. Below is a true and correct copy of a collage of photographs, which hangs at Defendants
349 5th Avenue location.
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45. Defendants maintains a website at the following URL:
<joespizzaofthevillage.com>. Defendants domain name <joespizzaofthevillage.com> incorporates
the entirety of Plaintiffs trademark JOES PIZZA and makes a reference to Plaintiffs location.
Again, Defendants use of Plaintiffs marks and publicity is without Plaintiffs authorization.
46. Defendants website contains various images of Plaintiffs business, Pozzuoli,
and Plaintiffs customers, all used without Plaintiffs consent in an effort to confuse consumers into
believing that Defendants restaurants are associated with Plaintiff. Specifically, Defendants
website contains various photographs of Plaintiffs restaurants on Bleecker and Carmine streets and a
picture of Pozzuoli working at Plaintiffs restaurants. In the photos, Zarco is seen in Plaintiffs
restaurants and specifically references Plaintiffs restaurants located in Greenwich Village.
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Furthermore, Defendants website includes a section titled Movie Stars which displays numerous
photos of Zarco, while an employee of Plaintiff, that were taken at Plaintiffs Carmine Street
restaurant. These photos were of Joes Pizzas celebrity customers, including Robin Williams, Mike
Tyson, and Sarah Jessica Parker, and an image of Plaintiffs pizza store during the filming of
Spiderman 2. Defendants website references Plaintiffs restaurants and Pozzuoli throughout further
confusing consumers. These photographs, screenshots, text, and images of Defendants website are
attached as Exhibit H.
47. Defendants social media pages, including Facebook and Twitter, further
demonstrate the Defendants brazen efforts to deceive the public and associate Defendants
restaurants with the Plaintiff. Screenshots of Defendants social media pages on Facebook and
Twitter are attached as Exhibit I. As shown in this exhibit, Defendants specifically reference the
filming of Spiderman 2 with a picture of actor Tobey Maguire, a before and after photograph of an
individual eating pizza with the JOES PIZZA (stylized) mark placed over the photographs, and a
picture of a framed collage showing an article about Spiderman 2 combined with images of
Plaintiffs restaurant. Zarco is seen in some of these photographs. The framed collage is also visible
in a photograph posted without permission on Defendants Facebook page showing the interior of
Defendants restaurant.
48. Defendants intentionally display these images of Plaintiffs business and of
Zarco with Joes Pizzas customers so that customers seeing the photos would associate Defendants
pizza restaurants with Plaintiff and its business, or think that Defendants are a licensee of Plaintiff.
49. It has become evident that the term OF THE VILLAGE used by Defendants
serves no other purpose, but to associate Defendants business with Plaintiff as Defendants are
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located in Park Slope in Brooklyn, which is not a village. Thus, the of the village reference is to
Greenwich Village, where Joes Pizza is located.
50. It is also evident that Defendants use of the term FAMOUS for the 349 5th
Avenue restaurant in Brooklyn, and for its corporate name, is also a direct reference to Plaintiff and
Plaintiffs corporate name. The use of the term famous as associated with Defendants business
serves no purpose, but to associate Defendants business with Plaintiff and its renowned reputation
for high quality NY style pizza. Furthermore, Defendants use of the term famous is nearly
identical to the use of the term FAMOUS outside of Plaintiffs Carmine Street location.
E. Confusion among Consumers and a False Impression that an Association Exists with Plaintiff
51. In 2012, Joe Pozzuoli Jr. was advised by a customer that the customer
believed that Plaintiff operated a location in Park Slope. As a result of that incident, Joe Pozzuoli Jr.
decided to go to 483 5th Avenue, where he believed Zarco was operating a restaurant. During his
brief and unwelcomed visit, Zarco assured him that Zarco was not going to do anything illegal.
Joe Pozzuoli Jr. assumed from the conversation that Zarco was going to change the name of the
restaurants to avoid a litigious situation with Plaintiff.
52. In 2014, after learning that Zarco continued to operate the pizza restaurant at
483 5th Avenue under the name JOES PIZZA OF THE VILLAGE, Joe Pozzuoli Jr. made a second
attempt to speak with Zarco, but was unable to reach him.
53. Throughout 2015 and 2016, Joe Pozzuoli, Jr. personally visited at 483 5th
Avenue several times after receiving additional consumer complaints. However, Zarco was not
available at the times Joe Pozzuoli, Jr. visited.
54. In early October 2017, Joe Pozzuoli Jr. was alerted by a customer about the
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new confusingly similar and disconcerting storefront signage that was put up at 483 5th Avenue,
shown above. See 41. Immediately upon learning of the signage, Plaintiff requested its counsel to
send a cease and desist letter to Defendants. A letter was sent that day. A copy of the letter dated on
October 13, 2017 (without the exhibits) is annexed hereto as Exhibit J. Zarco received the letter and
on October 18, 2017, Plaintiffs counsel received an email from an attorney who advised that he
needed a reasonable time period to attempt to complete the attorney-client engagement process prior
to your clients taking the legal action. However, no further communication has been received
about that possible engagement from that attorney or from anyone else. To date, there has been no
response to the letter and the infringing actions of Zarco and his businesses remain unabated.
F. The Instances of Actual Confusion are Increasing
55. There is no doubt that Plaintiffs patrons and the public have been and will
continue to be confused by Defendants unauthorized uses of JOES PIZZA BY THE VILLAGE and
the photographs and images of Plaintiffs business in the promotion and endorsement of Defendants
businesses. Defendants Yelp page, a website where consumers write reviews and images of
restaurants, is full of images, references, and descriptions of Plaintiffs business. Notably on Yelp, a
reviewer by the name of Nelly A. posted a review on August 17, 2016 stated FYI THIS IS NOT
THE FAMOUS JOES PIZZA FROM GREENWICH VILLAGE/ CARMINE ST. They even try to
pass it off as such on their website saying Spider-Man was filmed there. Yes, they did film----at the
real Famous Joes, that is. Additional poor reviews, such as one from Ava A. dated August 24,
2017 stating Pretty bad tomato sauce. I would urge to owner to restate what they're selling. Won't
buy again have caused even greater harm to Plaintiffs brand and Plaintiffs best slice in New
York reputation. There are additional reviews on Yelp where consumers compare and believe that
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there is an association between Defendants pizza restaurant and Plaintiffs business. Screenshots of
Defendants Yelp page are annexed hereto as Exhibit K. Not only has the Plaintiff been harmed, but
its patrons and the public will be harmed and damaged unless this Court grants the relief requested
herein.
56. Public confusion and association of the businesses are further evident on
Defendants TripAdvisor page, annexed as Exhibit L. Despite the TripAdvisor page being
associated with Defendants business, consumers consistently and erroneously post reviews and
photographs of Plaintiffs businesses, including Plaintiffs Brooklyn and Carmine Street locations.
For example, a TripAdvisor user with the username livelife h posted a review on November 1,
2017 on the Defendants page that included photographs of Plaintiffs pizza box, pizza, and the
Carmine Street restaurant. This has led to Defendants obtaining a Certificate of Excellence from
TripAdvisor, despite the fact that many of the reviews and images on the TripAdvisor page were/are
associated with Plaintiffs businesses.
57. Despite Plaintiffs efforts to resolve the issues without court intervention,
Defendants have unabashedly continued to copy Plaintiff and reap the benefits of Plaintiffs
goodwill and reputation. Now, Defendants have gone one step further by practically replicating
Plaintiffs store signage, again without Plaintiffs consent and with the knowledge that Plaintiff
objected to same. The new signage has made and will continue to make consumer confusion not just
likely, but inevitable. In spite of Plaintiffs counsels letter, Defendants have not ceased their willful
infringement of Plaintiffs intellectual property, which has resulted in a great deal of actual customer
confusion and damage to Plaintiffs reputation and goodwill. This irreparable harm must be enjoined
preliminary and permanently.
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COUNT I
VIOLATION OF 15 U.S.C. 1114
(Trademark Infringement Federally Registered Mark)
58. This cause of action arises under 32 of the Lanham Act, as amended, 15
U.S.C. 1114 et seq., for infringement of a federally registered mark.
59. Plaintiff repeats and realleges the allegations contained in the forgoing
paragraphs 1 through 57 as though fully set forth herein.
60. The foregoing acts of the Defendants are likely to cause confusion, mistake,
and deception in commerce among members of the purchasing public and the trade as to the true
source, origin, or sponsorship of their restaurant services.
61. Defendants acts have been committed with the knowledge that that such
imitation will cause confusion, or to cause mistake or to deceive the consumer and the public.
62. Defendants acts are willful and in disregard of Plaintiffs rights.
63. Defendants have intentionally and willfully used Plaintiffs name and mark
knowingly to associate themselves with Plaintiff and Plaintiffs restaurant pizza services.
64. The acts of Defendants described herein were undertaken without the
permission, license, or consent of Plaintiff. Indeed, Plaintiff has objected to Defendants acts.
65. As a result of Defendants actions, Plaintiff has suffered irreparable injury.
Plaintiff has no adequate remedy at law.
66. Plaintiff is entitled to an order preliminarily and permanently enjoining and
restraining the Defendants from engaging in said acts as provided under 15 U.S.C. 1116(a).
67. Plaintiff is entitled to three times the amount of its profits or damages,
together with reasonable attorneys fees, as permitted in 15 U.S.C. 1117.
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COUNT II
VIOLATION OF 15 U.S.C. 1125(a)
(False Designation of Origin and False and Fraudulent Representations)
68. This cause of action arises under 43(a) of the Lanham Act, as amended, 15
U.S.C. 1125(a), for false designation of the origin and false description and representation.
69. Plaintiff repeats and realleges the allegations contained in the foregoing
paragraphs 1 through 57 as though fully set forth herein.
70. The foregoing acts of the Defendants constitute false designation of origin,
false description, and false representations in commerce that the Defendants restaurants are that of
Plaintiff, or are sponsored, approved, authorized by, or affiliated with Plaintiff, in violation of 43(a)
of the Lanham Act, as amended.
71. Plaintiff has no control over the quality of the food or the service at
Defendants restaurants, with the likely result that Plaintiffs valuable goodwill in its marks and
name will be severely damaged. As an ex-employee, Zarco had full knowledge of Plaintiffs business
name and reputation, and of Plaintiffs established goodwill and publicity and thus his acts are
willful and in disregard of Plaintiffs rights. Defendants have intentionally and willfully used
Plaintiffs publicity and marks knowingly to associate themselves with Plaintiff and Plaintiffs
restaurant pizza services.
72. As a result of the Defendants acts, Plaintiff has and will suffer irreparable
injury.
73. Plaintiff has no adequate remedy at law for the Defendants continued acts.
74. Plaintiff is entitled to an order preliminarily and permanently enjoining and
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restraining the Defendants from engaging in said acts.
75. Plaintiff is entitled to damages, to be trebled, for the willful and intentional
conduct of Defendants.
COUNT III
VIOLATION OF 15 U.S.C. 1125(d)
(Cybersquatting)
76. This cause of action for federal trademark cybersquatting arises under 15
U.S.C. 1125(d).
77. Plaintiff repeats and realleges each allegation in paragraphs 1 to 57 hereof as if
fully set forth herein.
78. Defendants registered and have maintained a website at the domain name
<joespizzaofthevillage.com> with first-hand knowledge of Plaintiffs rights in its marks.
79. Defendants domain name <joespizzaofthevillage.com> is confusingly similar
to Plaintiffs marks and is a reference to Plaintiff.
80. Defendants registered and have maintained said domain name in bad faith
with the intent to divert customers from Plaintiff and to associate themselves with Plaintiff, and to
profit from the fame and notoriety of Plaintiff and its reputation.
81. Defendants have acted in bad faith in registering and operating a website at the
domain name <joespizzaofthevillage.com>.
82. Defendants foregoing activities have irreparably damaged Plaintiff and have
further caused Plaintiff monetary damages in an amount as yet unknown, but if Defendants
foregoing activities continue, it is believed that the damage to Plaintiff will exceed $1,000,000.
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Defendants wrongful acts have caused and will continue to cause Plaintiff to suffer irreparable harm
for which it has no adequate remedy at law.
COUNT IV
VIOLATION OF NEW YORK GEN. BUS. LAW 360-l and 349-h
84. By reason of the practices and acts set forth above, Defendants have injured
Plaintiffs business reputation.
85. The foregoing activities of Defendants are without the permission, license, or
consent of Plaintiff and, unless enjoined by this Court, Defendants will continue these practices and
acts, thereby harming Plaintiffs business reputation and causing Plaintiff immediate and irreparable
injury.
86. Defendants wrongful acts violate 360-i and 349-h of the New York
General Business Law.
87. Defendants foregoing activities have irreparably damaged Plaintiffs
reputation and have further caused Plaintiff monetary damages in an amount as yet unknown, but if
Defendants foregoing activities continue, the damage to Plaintiff will exceed $1,000,000.
Defendants wrongful acts have caused and will continue to cause Plaintiff to suffer irreparable harm
for which it has no adequate remedy at law.
29
COUNT V
UNFAIR COMPETITION AND MISAPPROPRIATION UNDER THE COMMON LAW
89. The aforesaid activities of Defendants misappropriate and trade upon the fine
reputation and goodwill of Plaintiff, thereby injuring that reputation and goodwill, and unjustly
divert from Plaintiff to Defendants the benefits rightfully belonging to Plaintiff.
90. The aforesaid activities of Defendants constitute unfair competition, false
advertising, and misappropriation under the common law.
91. The aforesaid activities of Defendants are likely to result in confusion between
Defendants pizza establishments and Plaintiff and/or Plaintiffs pizza establishments, and the
establishments of current or future licensees of Plaintiffs.
92. The aforesaid activities of Defendants have caused and will cause Plaintiff to
sustain monetary damage, loss, and injury.
93. The aforesaid activities of Defendants have been undertaken in bad faith.
94. Defendants have engaged in the foregoing activities knowingly and willfully
and in total disregard of Plaintiffs intellectual property rights.
95. Defendants foregoing activities have irreparably damaged Plaintiff and have
further caused Plaintiff monetary damages in an amount as yet unknown, but if Defendants
foregoing activities continue, the damage to Plaintiff will exceed $1,000,000. Defendants wrongful
acts have caused and will continue to cause Plaintiff to suffer irreparable harm for which it has no
adequate remedy at law.
30
WHEREFORE, Plaintiff prays for a judgment against Defendants as follows:
A. Directing Defendants to take down, preliminarily during the pendency of this action
and permanently, all photographs, artwork, collages, signs, banners, and advertising and promotional
materials that utilize Plaintiffs publicity, goodwill, and reputation, including Defendants website,
Facebook page, Twitter page, and photographs appearing on other social media such as TripAdvisor
and Yelp;
B. Directing Defendants to take down, preliminarily during the pendency of this action
and permanently, the JOES PIZZA OF THE VILLAGE SINCE 2004 signage hung on the front of
the restaurant located at 483 5th Avenue in Brooklyn, which signage infringes Plaintiffs common
law trademark rights in Plaintiffs signage used in each of Plaintiffs restaurants, as well as Plaintiffs
rights in its registered trademark JOES PIZZA (stylized);
C. Directing Defendants, preliminarily during the pendency of this action and
permanently, to contact all online social media websites including Facebook, Twitter, Yelp,
TripAdvisor, and all online delivery platforms including Seamless and Grubhub, to inform them that
Defendants are not associated with Plaintiff and provide proof of such notifications to Plaintiffs
counsel;
D. Directing Defendants take down, preliminarily during the pendency of this action and
permanently, the signage above the doors of their restaurants which utilize the phrase Famous
and/or of the Village, which terms connote Plaintiffs Greenwich Village restaurant;
E. Directing Defendants to take down, preliminarily during the pendency of this action
and permanently, the signage above the doors of their restaurants, which utilize the business name
Joes Pizza as Defendants proprietor Victor Zarco is not Joe;
31
F. Directing Defendants to stop, preliminarily during the pendency of this action and
permanently, utilizing Plaintiffs registered and common law trademarks complained of herein;
G. Enjoining Defendants preliminarily during the pendency of this action and
permanently hereafter from:
i. Using the Plaintiffs marks JOES PIZZA (stylized) and JOES PIZZA (logo),
FAMOUS JOES PIZZA OF THE VILLAGE, JOES PIZZA OF THE VILLAGE,
or any mark that incorporates Plaintiffs marks, in any manner;
ii. Using any mark confusingly similar to Plaintiffs registered marks JOES PIZZA
(stylized) and JOES PIZZA (logo), including but not limited to Defendants use
of the marks FAMOUS JOES PIZZA OF THE VILLAGE and JOES PIZZA OF
THE VILLAGE in any font or style;
iii. Operating Defendants pizza restaurant under the business name JOES PIZZA,
FAMOUS JOES PIZZA OF THE VILLAGE, JOES PIZZA OF THE VILLAGE,
or any other name that is likely to cause confusion or in any way be associated
with Plaintiff or with any of Plaintiffs marks or business;
iv. Misleading the public into thinking that Defendants pizza businesses are
associated with, sponsored by, or endorsed by Plaintiff; and
v. using the domain name <joespizzaofthevillage.com>;
H. Directing Defendants to transfer to Plaintiff any and all domain name registrations
that include the phrases joespizza including, but not limited to the <joespizzaofthevillage.com>
domain name;
32
I. Finding that Defendants have infringed Plaintiff's marks JOES PIZZA (Stylized) and
JOES PIZZA (logo) in violation of the Lanham Act, 15 U.S.C. 1114 and Defendants are thus liable
to Plaintiff for damages or profits therefore, trebled;
J. Finding that Defendants have violated 15 U.S.C. 1125 (a) of the Lanham Act, and
Defendants are thus liable to Plaintiff for damages or profits therefor, trebled;
K. Finding that Defendants have violated 15 U.S.C. 1125 (d) of the Lanham Act, and
Defendants are thus liable to Plaintiff for damages or profits therefor;
L. Finding that Defendants have violated New York General Business Law 360-l and
349-h, and Defendants are thus liable to Plaintiff for damages or profits therefor;
M. Finding that Defendants actions constitute unfair competition and misappropriation
under the common law of the State of New York and Defendants are thus liable in damages therefor;
N. Awarding Plaintiff its damages from Defendants wrongful and willful acts, such
damages to be trebled;
O. Directing Defendants to account to Plaintiff for all profits resulting from Defendants
infringing activities and awarding Plaintiff such profits, such profits to be trebled;
P. Awarding Plaintiff's attorneys fees and costs; and
Q. Awarding Plaintiff such other and further relief as the Court may deem just and
proper.
33
JURY DEMAND
Plaintiff demands a trial by jury on all facts so triable.
Dated: New York, New York GOTTLIEB, RACKMAN & REISMAN, P.C
November 9, 2017
.
By: /s/Maria A. Savio f
Maria A. Savio (MAS 7756)
msavio@grr.com
Marc P. Misthal (MM 6636)
mmisthal@grr.com
Robert P. Feinland (RF 0661)
rfeinland@grr.com
270 Madison Avenue
New York, New York 10016
Phone: (212) 684-3900
Fax: (212) 684-3999
Attorneys for Plaintiff Famous

Joes Pizza, Inc.
34
Case 1:17-cv-06541 Document 1-1 Filed 11/09/17 Page 1 of 2 PageID #: 35
JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

FAMOUS JOES PIZZA, INC. FAMOUS JOES PIZZA OF THE VILLAGE, INC., VICTOR ZARCO,
JOHN AND JANE DOES 1-10, JOHN DOES CORPORATIONS 1-10
(b) County of Residence of First Listed Plaintiff New York County County of Residence of First Listed Defendant Kings County
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Maria A. Savio, Marc P. Misthal, Robert P. Feinland
Gottlieb, Rackman & Reisman, P.C.
270 Madison Avenue, New York, New York 10016, (212) 684-3900
II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State
u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6

Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 835 Patent - Abbreviated u 460 Deportation
Student Loans u 340 Marine Injury Product New Drug Application u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability u 840 Trademark Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY u 480 Consumer Credit
of Veterans Benefits u 350 Motor Vehicle u 370 Other Fraud u 710 Fair Labor Standards u 861 HIA (1395ff) u 490 Cable/Sat TV
u 160 Stockholders Suits u 355 Motor Vehicle u 371 Truth in Lending Act u 862 Black Lung (923) u 850 Securities/Commodities/
u 190 Other Contract Product Liability u 380 Other Personal u 720 Labor/Management u 863 DIWC/DIWW (405(g)) Exchange
u 195 Contract Product Liability u 360 Other Personal Property Damage Relations u 864 SSID Title XVI u 890 Other Statutory Actions
u 196 Franchise Injury u 385 Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 891 Agricultural Acts
u 362 Personal Injury - Product Liability u 751 Family and Medical u 893 Environmental Matters
Medical Malpractice Leave Act u 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 790 Other Labor Litigation FEDERAL TAX SUITS Act
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: u 791 Employee Retirement u 870 Taxes (U.S. Plaintiff u 896 Arbitration
u 220 Foreclosure u 441 Voting u 463 Alien Detainee Income Security Act or Defendant) u 899 Administrative Procedure
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRSThird Party Act/Review or Appeal of
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 Agency Decision
u 245 Tort Product Liability Accommodations u 530 General u 950 Constitutionality of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION State Statutes
Employment Other: u 462 Naturalization Application
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict u 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
15 U.S.C. 1051 et seq.
VI. CAUSE OF ACTION Brief description of cause:
Trademark Infringement, False designation of origin, cybersquatting, unfair competition
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. 1,000,000.00 JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
11/08/2017 /s/Maria A. Savio
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
Eastern District
__________ of of
District New York
__________
)
)
)
FAMOUS JOES PIZZA, INC. )
Plaintiff(s) )
)
v. Civil Action No. 17-cv-6541
)
)
FAMOUS JOES PIZZA OF THE VILLAGE, INC. and )
VICTOR ZARCO, JOHN AND JANE DOES 1-10, and )
JOHN DOE CORPORATIONS 1-10. )
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendants name and address) (1) FAMOUS JOES PIZZA OF THE VILLAGE, INC. and/or JOHN DOE
CORPORATION, 349 5th Avenue, Brooklyn, New York 11215
(2) FAMOUS JOES PIZZA OF THE VILLAGE, INC. and/or JOHN DOE
CORPORATIONS, 483 5th Avenue, Brooklyn, New York 11215
(3) VICTOR ZARCO, 483 5th Avenue, Brooklyn, New York 11215
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
Maria A. Savio
Gottlieb, Rackman & Reisman, P.C.
270 Madison Avenue
New York, New York 10016
(212) 684-3900
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
%06(-"4$1"-.&3
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
10/13/2017 Case 1:17-cv-06541 Document 1-10Joe's Pizza 11/09/17
Filed of the Village Page 2 of 14 PageID #: 61
Home Menu About Us Contact Us Movie stars
My name is Victor Zarco, but you can call me Joe. I am the owner of
Joes Pizza of the Village located at 483 5th Avenue in Park Slope,
Brooklyn. I would like to tell you a little bit about how my business got it's
name.
In 1987 while looking for a leather

jacket in Manhattan I ended up on
West 4th Street in the Village. This is
where everything began, in Joe's
Pizza. I found myself asking Mr. Joe
for a job. It was to be one of the
most important jobs since my arrival
in New York City.
Mr. Joe, his real name was Pino

Pazuoli, told me that a good pizza
man put all of his heart into his work.
You must be willing to start from the
bottom and learn to do everything in a
pizzeria from mopping the floor to
delivering pies. I learned many things
and worked very hard, from the tiniest
jobs to the bigger ones, until I officially
became the pizza man of the pizzeria.
http://joespizzaofthevillage.com/ 1/1
10/13/2017 Directions to1-10
Case 1:17-cv-06541 Document Joe's pizza of the11/09/17
Filed Village in Park Page
Slope Brooklyn
3 of 14 PageID #: 62
Home Menu Directions Reviews About Us Photos Movie stars
Just a few blocks from the R and F T rains in the heart of Park Slope Brooklyn.
Eat in, Take out, Late Night Delivery . Open 7 days a week.
http://joespizzaofthevillage.com/contact.html 1/1
10/13/2017 Reviews of 1-10
Case 1:17-cv-06541 Document Joe's pizza of the 11/09/17
Filed Village in Park Slope
Page Brooklyn
4 of 14 PageID #: 63
CLICK HERE -> Why is my Pizzeria in Park Slope Brooklyn called "Joe's Pizza of the V illage"?
http://joespizzaofthevillage.com/TOreview.html 1/1
10/13/2017 Picture
Case 1:17-cv-06541 Document 1-10 Gallery of Joe's
Filed Pizza of the Village
11/09/17 Page 9 of 14 PageID #: 68
The original Joe's Pizza in Greenwich Village
Birthday Party
http://joespizzaofthevillage.com/gallery.html 1/2
10/13/2017 Case 1:17-cv-06541 DocumentPicture
1-10Gallery of Joe's
Filed Pizza of the Page
11/09/17 Village 10 of 14 PageID #: 69
Halloween Fun
The group.
http://joespizzaofthevillage.com/gallery.html 2/2
10/13/2017 Untitled11/09/17
Case 1:17-cv-06541 Document 1-10 Filed Document Page 11 of 14 PageID #: 70
Robin Williams and "Joe"
Mike Tyson and "Joe"
Jessica Parker and "Joe".
I had no idea I would get to

meet so many celebraties
while working for Joe. My
kids and I got to be extras on
Spiderman II, that was a very
exciting day for all of us!
http://joespizzaofthevillage.com/movie.html 1/2
10/13/2017 Untitled11/09/17
My Kids during the shooting of Spiderman II at Joe's Pizza.
http://joespizzaofthevillage.com/movie.html 2/2
10/13/2017 Untitled11/09/17
My name is Victor Zarco, but you can call me Joe. I am the owner of
Joes Pizza of the Village located at 483 5th Avenue in Park Slope,
Brooklyn. I would like to tell you a little bit about how my business got it's
name.
In 1987 while looking for a leather

jacket in Manhattan I ended up on
West 4th Street in the Village. This is
where everything began, in Joe's
Pizza. I found myself asking Mr. Joe
for a job. It was to be one of the
most important jobs since my arrival
in New York City.
Mr. Joe, his real name was Pino

Pazuoli, told me that a good pizza
man put all of his heart into his work.
You must be willing to start from the
bottom and learn to do everything in a
pizzeria from mopping the floor to
delivering pies. I learned many things
and worked very hard, from the tiniest
jobs to the bigger ones, until I officially
became the pizza man of the pizzeria.
Back then I had no idea that I would

end up working in a place that would
became part of so many important TV
shows and movies, such as Sex in
the City, Everybody loves Raymond
, Along came Poly, Spiderman 2
and even a Nike commercial and New
York Magazine Article!
I remember seeing a poster in

the subway of Jessica Parker
of Sex in the City eating a
fresh mozzarella slice. It was
really exciting knowing she
was eating a slice that I had
made! When they shot
Spiderman the producers
thought I was too short to be
the pizza man in the movie,
but my kids and l got to be
extras!
I worked at Joe's for many years

and eventually all of my hard work
and sacrifices paid off. By 2004 I
had saved enough money to open
my own place. Since Joe had
become such an important name in
my vocabulary I decided to call my
business Joes Pizza of the
Village.
In the past three years I have been able to keep my business moving up.
From making better pizzas to teaching my workers everything there is to
10/13/2017 Untitled11/09/17
know to keep a customer happy. After 18 years of hard work, Time Out
magazine has called my pizzeria one of the best in Brooklyn!
I am a proud Mexican and, even though I am not Italian, I can tell you
that I make one of the best pizzas you have ever tasted. I want to invite
you to come visit us in Brooklyn and try one of my specialties, like Spicy
Chicken Pizza or my Chicken Tomato Pesto Pizza, maybe you'd like my
Vodka Sauce Pizza or my delicious Pepperoni or Chicken Rolls!
Thank you Mr. Joe.

And Thank you New York.
With Love and Gratitude,
"Joe" Victor Zarco
Exhibit I
Exhibit -
Exhibit .
Exhibit /

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Case 1:17-cv-06541 Document 1 Filed 11/09/17 Page 1 of 34 PageID #: 1

UNITED STATES DISTRICT COURT

FAMOUS JOES PIZZA, INC., a New York ECF CASE

FAMOUS JOES PIZZA OF THE VILLAGE,

Defendants) herein states as follows on knowledge as to Plaintiff and otherwise on information

3. Zarco is an individual and the principal shareholder of Joes Pizza of the

are interchangeable with one another.

individuals whose names and address of residences are unknown.

corporations, the names and addresses of residences of which are unknown.

JURISDICTION AND VENUE

of the State of New York.

9. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 because

current signage at 7 Carmine Street:

portrayed Joes Pizzas pizza quite favorably. See Exhibit D.

named REGIS AND KELLY show.

shown below, showed her eating a pizza slice at Joes Pizza.

be viewed at the following URL: <http://people.com/food/kim-kardashian-diet-khloe-jonathan-

episodes have well over 1,000,000 people in viewership.

23. In 2002, Nike featured Joes Pizza storefront in a commercial. The

which is available on YouTube at the following URL:

<https://www.youtube.com/watch?v=bcdJgjNDsto&feature=youtu.be&t=1m9s>. The reviewers

determined that Joes Pizza was the best of the three.

B. Expansion of Joes Pizza

photograph of the 14th Street restaurant:

on Carmine Street and Bleecker Street.

shipped to them regardless of where they are located in the country.

Kingdom, South Korea, and the Middle East.

C. Plaintiffs Trademark Registrations

the mark JOES PIZZA (stylized), shown below:

referred to as JOES PIZZA (logo):

China, Hong Kong, Macao, and South Korea.

D. Defendants Unlawfully Competing Acts and Operations

Plaintiffs JOES PIZZA (stylized) Use

Defendants New Use of JOES PIZZA BY THE VILLAGE

44. Defendants continued efforts to confuse or deceive consumers is evidenced

combined images taken of Plaintiffs restaurant, of Pozzuoli in front of Plaintiffs restaurant, of

349 5th Avenue location.

45. Defendants maintains a website at the following URL:

<joespizzaofthevillage.com>. Defendants domain name <joespizzaofthevillage.com> incorporates

46. Defendants website contains various images of Plaintiffs business, Pozzuoli,

restaurants and specifically references Plaintiffs restaurants located in Greenwich Village.

48. Defendants intentionally display these images of Plaintiffs business and of

Greenwich Village, where Joes Pizza is located.

restaurants to avoid a litigious situation with Plaintiff.

attempt to speak with Zarco, but was unable to reach him.

available at the times Joe Pozzuoli, Jr. visited.

F. The Instances of Actual Confusion are Increasing

associated with Plaintiffs businesses.

preliminary and permanently.

U.S.C. 1114 et seq., for infringement of a federally registered mark.

paragraphs 1 through 57 as though fully set forth herein.

source, origin, or sponsorship of their restaurant services.

62. Defendants acts are willful and in disregard of Plaintiffs rights.

65. As a result of Defendants actions, Plaintiff has suffered irreparable injury.

Plaintiff has no adequate remedy at law.

66. Plaintiff is entitled to an order preliminarily and permanently enjoining and

together with reasonable attorneys fees, as permitted in 15 U.S.C. 1117.

paragraphs 1 through 57 as though fully set forth herein.

of the Lanham Act, as amended.

restaurant pizza services.

74. Plaintiff is entitled to an order preliminarily and permanently enjoining and

restraining the Defendants from engaging in said acts.

77. Plaintiff repeats and realleges each allegation in paragraphs 1 to 57 hereof as if

fully set forth herein.

Joe's Pizza Lawsuit

Joe's Pizza Lawsuit

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