, Hawaii
We write today since you are listed as the Agent and co-owner for Aloha Poke Shop in
Honolulu, Hawaii. We represent Aloha Poke Holdings LLC ("Aloha Poke"), a Chicago
company that specializes in making and providing customizable, raw tuna, salmon, and tofu
based bowls with Asian-influenced toppings and sauces to its customers. Currently, Aloha Poke
has seven (7) restaurant locations within the greater Chicagoland area and has near term plans to
expand locally and nationwide.
Aloha Poke is the owner of two U.S. Trademarks - Registration No. 5,031,423 to
ALOHA POKE® and design Registration No. 5,123,102 to ALOHA POKE CO® (the
"Registered Trademarks") (see below).
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Since early 2016, Aloha Poke has been continuously using its Registered Trademarks to
promote, market, and sell its food, products and services. Copies of these trademarks are
enclosed.
It has come to our attention that your company, Aloha Poke Shop (hereinafter referred to
as "you" or "your"), is using the words Aloha Poke in conjunction with operation of its
restaurants located at located at 1111 Bishop Street, Suite 116, Honolulu, Hawaii 96813 and the
maintenance of its website http://alohapoke808.com/ and social media including its Facebook
page. Our use of our Registered Trademarks predates your use.
Mr. Jeffrey L. Samson January 17, 2018
Aloha Poke Shop Page 2
Your use of "Aloha" and "Aloha Poke" in promoting, marketing and selling your food,
products and services is a direct infringement of Aloha Poke's registered and valuable ALOHA
POKE® and ALOHA POKE CO® trademarks.
You can understand how your use of "Aloha" and "Aloha Poke" is confusingly the same
as Aloha Poke's ALOHA POKE® trademark. Consumers familiar with Aloha Poke and its food,
products and services will likely be confused, and mistakenly believe that your food, products
and services are associated with, authorized by, or somehow related to Aloha Poke.
Due to the similarity of the marks, the similarity of the goods and services, and a
likelihood of confusion in the marketplace, your use of "Aloha" and "Aloha Poke" must cease
immediately. While we do not seek to interfere with your business or your practice of selling
poke cuisine, Aloha Poke cannot let these uses continue without harming its valuable trademark
rights in and goodwill associated with its Registered Trademarks.
Aloha Poke would prefer to settle this matter amicably and without court intervention.
We therefore request that you immediately stop all use of "Aloha" and "Aloha Poke" in
association with selling your food, products and services, and destroy all packaging, marketing
materials, advertising, photographs, Internet usage, and all other materials and things that bear
the designation of "Aloha" or "Aloha Poke." This demand includes removal of "Aloha" and
"Aloha Poke" from any company name, domain name, Facebook page or other social media site,
or other source identifier.
We would appreciate receiving by February 7, 2018, written confirmation that you have
complied with all of our demands identified herein and have otherwise stopped all usage of the
infringing designations. In the meantime, if you or your attorney wishes to discuss this matter,
please contact me at the above listed telephone number or e-mail address of
bmichalek@olsonip.com.
BY.c-�:.....J.-<O'---�r---i,_______
Brian . ic alek
Olson-& Gepuritis, Ltd.
20 N. Wacker Dr., Fl. 36
Chicago, IL 60606
312-580-1180
Enclosure
cc: Matthew T. Dattilo, Esq.
ALOHA POKE
Reg. No. 5,031,423 Aloha Poke LLC (I L LINOIS LIMITED LIABILITY COMPANY)
131 North Clinton St. Suite 19
Registered Aug. 30, 2016 Chicago, IL60661
No claim is made to the exclusive right to use the following apart from the mark as shown:
"POKE"
No claim is made to the exclusive right to use the following apart from the mark as shown:
"POKE CO."
SER. NO. 87-049,441, FILED 05-25-2016
LESLEE ANN FRIEDMAN, EXAMINING ATTORNEY