throbber
Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA84452
`ESTTA Tracking number:
`06/08/2006
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91163191
`Plaintiff
`Zabar's & Co., Inc.
`
`Zabar's & Co., Inc.
`2245 Broadway
`New York, NY 10024
`UNITED STATES
`Stephen L. Baker
`Baker & Rannells PA
`626 North Thompson Street
`Raritan, NJ 08869
`UNITED STATES
`b.gaynor@br-tmlaw.com
`Plaintiff's Notice of Reliance
`John M. Rannells
`jmr@br-tmlaw.com, a.kosar@br-tmlaw.com
`/john rannells/
`06/08/2006
`91163191 Not Rely 10.pdf ( 116 pages )(4641958 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`______-_____________..______________--_.._________-_______X
`
`Zabar‘s & Co., Inc.
`
`Opposition No. 91163191
`
`Opposer
`
`Marks:
`
`ZABA'S
`ZABA'S AND DESIGN
`
`v.
`
`Zaba's Grill, LLC
`
`Serial No.: 78358762
`
`7835881 9
`
`Respondent
`_______-_-____-___._____-....--___________-__-___________x
`
`OPPOSER'S TENTH NOTICE OF RELIANCE
`PURSUANT TO 37 CFR §2.122(e)
`
`Please take notice that Opposer, Zabar's & Co., Inc. ("Zabar's"), pursuant to 37
`
`CFR §2.122(e) is hereby noticing its reliance on various relevant excerpts from printed
`
`publications downloaded and printed from Nexis. The excerpts are comprised of
`
`representative examples of English language third party articles from the years 1992
`
`through and including 1993 that reference Opposer and/or Opposer’s goods and
`
`services.
`
`Each of the excerpts are relevant to the renown and fame of Opposer and its
`
`services and products, use by Opposer of the mark and name ZABAR'S, the goods and
`
`services marketed and sold by Opposer, the channels of trade through which Opposer’s
`
`goods and services are and have been, offered and sold, and the similarity of the
`
`parties’ respective marks, goods and services, and the legal similarity in channels of
`
`trade.
`
`

`
`
`
`The excerpts are identified in the annexed summary by date, name of
`
`publication, page, and article headline.
`
`Copies of
`
`the excerpts are attached
`
`immediately following the summary.
`
`Dated: June 8, 2006
`
`
`
`Joh
`
`.
`
`nhells
`
`
`
`Attorney or Opposer
`626 N. T ompson St.
`New Jersey 08869
`722-5640
`
`jrr1r@br—tmlaw.corn
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and complete copy of the foregoing OPPOSER'S
`
`TENTH NOTICE OF RELIANCE PURSUANT TO 37 CFR SECTION 2.122(e) in re
`
`Zabar's & Co., Inc.
`
`v. Zaba's Grill, LLC, Opposition No. 91163191 was forwarded by
`
`first class postage pre-paid mail this 8th day of June, 2006 to the Applicant at the
`
`following address:
`
`Moye White LLP
`Leigh Augustine, Esq.,
`Charles F. Luce, Jr., Esq.
`16 Market Square, 6th Fl 1'
`1400 Sixteenth Stre
`Denver, CO 80202 I
`
` DATED: June 8, 2006
`
`10"‘ Notice Reliance Zabar's Opp. No. 91163191
`
`Page 2
`
`

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`
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`1992-1993
`
`Zabafls
`
`Third Party Articles
`
`
`
`
`
`
`
`
`Publication
`
`IEE_
`
`
` Headfine
`
`
`
`
`Vol. 11, No. 51, Sect. 1 Oh, you kid: Goat Farmers
`Boston Business Journal P. 1
`Parla Passion into Profits
`2/10/1992
`2/17/1992 |:]i§— Vol. 66, No. 7, P. 40 What's u at Retail
`Cucumber crop shortage
`uts delis in a ickle
`P. 1 A
`USA Toda
`3/6/1992
`Sect. C, P. 2, Co|.1 Metroolitan Dia
`The New York Times
`3/11/1992
`4/13/1992 BED
`
`What works for one works
`for all
`P. 112
`Business Week
`4/20/1992
`4/25/1992 IT American Beekehoe
`I The Best of the Borouhs
`Making summer in New
`York feel like a breeze
`
`11/3/1992
`
`Newsda
`
`1 1/14/1992
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`P. 22, Col. 3
`Los Aneles Times
`6/28/1992
`7/20/1992 l_I
`Casual Clevelanders tune
`Nation's Restaurant
`Vol. 26, No. 30, Pg.
`into Piccolo
`News
`1
`7/27/1992
`8/13/1992
`Thriller combines the
`8/17/1992
`The Financial Post
`P. S T
`carnal with carnae
`10/13/1992 The stars of salt beef cit
`.
`When the Gag Order is on
`the Jude
`Shop Till you Drop
`Around the World
`The Anchorwoman and
`The Atlanta Journal and
`the Admarl Latest
`
`11/16/1992 Constitution
`Sect. C, P. 1
`Production
`
`StarTribune Manhattan weekend
`
`An Affordable, Eclectic
`
`-
`
`Sect. 2, Pg. 31 ,C0|.’l
`The New York Times
` i
`Strictl Business
`Sect. B, P. 1, Col. 2
`The New York Times
`
`
`Plain Dealer Bound for Broadwa
`Supper with authors is
`'ust lain murder
`Finer brews are gaining a
`followin
`No-nonsense judge was
`witt
`referee
`Marni Nixon takes center
`Sta 0 e
`Analysts: Filene's
`Basement could keep
`Vol. 165, No. 120,
`P. 19
`sho ers in NYC
`
`
`1
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
`
`
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`-
`
`o
`
`0
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`-
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`
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`
`
`
`
`
`
`
`
`
`
`2/21/1993
`4/26/1993
`
`6/2/‘I 993
`
`The Washinton Times
`
`6/2/1993
`
`The Boston Globe
`
`6/8/1993
`
`P. 107
`
`6121/1 993
`
`St. Louis Post—Dis atch
`
`I
`
`
`
`6/23/1993 Women’s Wear Dail
`
`
`

`
`
`
`1992-1993
`
`Zabar’s
`
`Third Party Articles
`
`
`
`Em Publication
`—
`
`
`
`-
`
`7/1/1993
`
`P. 38
`
`Basement signs on in
`Manhattan
`
`
`
`
`
`
`
`
`
`
`
`
`
`The Boston Globe
`The Jerusalem Post
`Chleeo Sun Times IR-.'I_
`IE-lI_
`
`
`
`
`
`
`
`
`EB
`
`
`
`
`
`
`
`Three Takes on Manhattan
`
`9/19/1993
`ChicaoTrlbune
`|H,'l_ Delihtful Delis
`Al Pacino shuns treatment as
`hero
`Pacino shelters from the
`sotli ht
`10/1 1/1993 Seattle Post lntelliencer News
`
`Fl|ene’s Basement updating
`Vol. 166, No. 86,
`stores after "horrible" srin
`P.17
`
`Sect. 6, P, 86, Col.'i |ml:-g_
`The Importance of being
`
`P. 114
`Tiffan
`
`10/‘l ‘l/1993 Plain Dealer
`
`
`11/2/1993 WWD
`
`11/7/1993
`The New York Times
`
`11/15/1993 Time Maazlne
`Home Furnishing
`12/20/1993 Newsaer
`
`
`Vol. 67, No. 51, P.52
`
`Pasta device bazaar
`The schmoozin ourmet
`
`
`
`

`
`
`
`Search — 251 Results - Zabars
`
`Page 1 of 4
`
`Source: News & Business > Combined Sources > News, All (English, Full Text)
`Terms: zabars and dateigeq (1l1l'l 992) and leq (12i31i'l993)) (Edit Search | Suggest Terms for My Search)
`
`~FSeiect for FOCUS?” or Delivery
`[Ii
`
`Oh, You Kid‘: Goat Farmers Parlay Passion Into Profits Boston Business Journal February 10, 1992
`
`Copyright 1992 UMI Inc.;
`Copyright P & L Publications Inc. 1992;
`Business Dateline;
`Boston Business Journal
`
`February 10, 1992
`
`SECTION: Vol 11; No 51; Sec 1; pg 1
`
`LENGTH: 1348 words
`
`HEADLINE: Oh, You Kid: Goat Farmers Parlay Passion Into Profits
`
`BYLINE: Wendy Hower
`
`DATELINE: Boston; MA; US
`
`BODY:
`
`Ten kids were jumping like puppies around Dorothy Benedict at breakfast last Tuesday. They cried, tugged
`at her parka, pushed at her legs and kissed her cheeks as she served up the grub: a pail of warm, diluted
`goat's milk.
`
`The babies—~the oldest among them born on New Year's Eve are part of Benedict's ever-growing herd of 85
`Saanan milk goats. On Windy Hamlet Farm in West Brookfield, Benedict milks the goats herself, churns out
`up to 300 pounds of cheese a week, packages it and sells it. Her business grew 30 percent last year.
`
`Benedict is one of a ha|f~dozen local farmers who, having outlasted the gourmet goat cheese fad of the
`'80s, are enjoying a growing demand for their wares. Quirky Massachusetts goat cheese labels are turning
`up on restaurant menus, supermarket shelves and pizza pies from Maine to California. Their mild, creamy
`cheeses have taken a chunk out of the French goat cheese business in America.
`
`"A Massachusetts farmstead goat cheese is more appealing to the average Joe," said Kevin Durkin, a
`cheese buyer for B.E. Schulte Trading, a food distributor in Chelsea. "A kid can eat it.“
`
`The state Department of Food and Agriculture's division of animal health counted 4,500 goats in
`Massachusetts last year. Nationwide, there are 150,000 to 200,000 milk goats registered with the American
`Dairy Goat Association.
`
`Of the half—dozen or so local cheese makers, many are expanding their herds this year and spreading goat
`cheese enthusiasm with free samples and tastings at stores and expo booths.
`
`"California is the big producer, but the New England artisans are holding their own and are making
`marketing inroads," said John Greeley, cheese buyer for John Dewar and Co., a Boston food distributor.
`"The people here have shown a tolerance toward suggestions and also a willpower to persevere against the
`very, very scary French market."
`
`French goat cheeses reach Boston's shores before other U.S. markets, Greeley pointed out, and are
`cheaper thanks to French government subsidies.
`
`http://wwwlexis.c0111/rosearch/ret1'ieve‘?_m=9803£152539f5964925e832e7dcO2cla1b&doc11un1=246&_fint...
`
`5/31/2006
`
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`
`
`
`Search — 251 Results - Zabars
`
`Page 2 of 4
`
`Still, goat dairies do not suffer the federal regulatory woes of the local cow dairy industry, which saw 15
`farms go under last year due to federally controlled miik prices. Goat cheese producers can set their own
`prices to offset rising production costs.
`
`COSTLY CH EESES
`
`And local goat cheese prices--from $ 3.59 for a 6—ounce block to $ 10.49 a pound at Bread & Circus--do not
`seem to deter cheese lovers.
`
`"The market is out there for excellent quality cheese," said goatherd Letitia Kilmoyer, who runs Westfield
`Farms in Hubbardston and makes cheese under the Capri and New England Goat brands. "You have an
`educated consumer—l:hey understand why it's expensive... They'd rather eat small amounts of high—quality
`food that's totally natural."
`
`People are getting hooked on goat cheese, buyers say, because it is more nutritious than cheese made
`from cows. Goat cheese is easier to digest because the fat molecules are smaller. And it does not stimulate
`cholesterol production in the body.
`
`"I find (locai goat cheese) cleaner, less goaty," said Ellen Nesbeda, the cheese, beer and wine coordinator
`for Bread & Circus. "It also ensures that they're using fresh milk and not powdered milk or frozen milk."
`
`Bread & Circus stores sell 11 farmstead goat cheeses, three of them from Massachusetts. Goat cheese
`accounts for 20 percent of total cheese sales, according to Nesbeda.
`
`Stop & Shop, which carries four imported goat cheeses and six New England brands, has watched goat
`cheese sales jump 15 percent to 20 percent over the past two years.
`
`A GROWING CATEGORY
`
`"(Goat cheese is) not at the top of the category by any means, but it is a growing portion of the cheese
`business," said Bill Sloane, specialty foods buyer for Stop & Shop.
`
`One reason local goat cheese does so well is that there are few producers, according to Robert Carroll,
`head of New England Cheesemaking Supply Co.
`in Ashfield. "I see steady growth," Carroll said.
`
`Three—year-old Crossroads Farm in Ashfield signed on about six new customers last year and plans to apply
`for an interstate milk shipping license this year. The farm produces bottled goat milk and 1,500 pounds of
`soft and hard cheese a year under the Mountain Mist label.
`
`"I think we're doing pretty good because we're holding our own," said Trish Libby, 41, who tends the 100
`goats on Crossroads Farm, "The demand is increasing slightly each year."
`
`Linda and Robert Gonsaives have 30 Nubian goats on their South Dartmouth farm and hope to launch their
`goat cheese business by the fall with three herbal varieties.
`
`Profits have risen steadily for the past six years at Westfield Farms in Hubbardston, which signed on about
`20 new restaurants and grocery chains last year. The farm started in 1981 and is home to 70 goats.
`
`NO GOLDEN GOATS
`
`The local goat cheese business is no biockbuster yet, however. The industry is so small that the state does
`not license goat farms.
`
`"It's such a |abor—intensive kind of thing," said Benedict after a recent 12-hour workday. She was sipping
`wine and smearing blaci<—pepper goat cheese on French bread for a snack. "I think it would be difficult to
`say, ‘Yeah, I'm going to make a million dollars with this.'"
`
`http://www.lexis.oo111/resoarcll/rei1'ieve?__m=9803 £15253 9f5964925e832e7dcO2da1b&docm1r11=246&_fi11t...
`
`5/31/2006
`
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`
`
`
`Search » 251 Results - Zabars
`
`Page 3 of 4
`
`Massachusetts goat cheese producers, most of them women, are at once farmers, game wardens (to shoo
`away coyotes), cheese makers, packagers, sales reps, and amateur veterinarians. Like Benedict, they milk
`their goats twice a day take on few hired hands and rarely take vacations.
`
`Benedict, who supervised 51 birthings last month, has not escaped for so much as a long weekend for
`seven years.
`
`"My idea of a vacation is two days away. That's a big vacation," said Libby of Crossroads Farm.
`
`Most local farmsteads have all they can handle with less than 100 goats. Employees are hard to find for the
`hard, repetitive, outdoor work, they say.
`
`MADE BY HAND
`
`Although local goat cheese producers would like to see higher financial returns, they're content to grow
`slowly. They simply love the animals, and many have a safety net in their spouses‘ second incomes.
`
`Benedict, who is 45, left a $ 45,000—a-year computer sales job for the goat business in 1986. She calls
`every goat by name (like Peri, Mirunda and Kody), can tell them apart and takes time to hug them between
`milkings.
`
`Because farmstead cheese is handmade and packaged, quality is the biggest hurdle in expanding.
`
`Benedict begins her three-day cheese making process by collecting the milk in five-gallon drums. She
`steriiizes the milk in a 75-gallon pasteurizer machine that heats it at 145 degrees Fahrenheit for 30
`minutes. The milk separates into thick curds and watery whey; Benedict scoops it into buckets and strains
`it through cheesecloth.
`
`For taste, Benedict adds kosher salt and freeze—dried bacteria cultures and, as a coagulant, vegetable
`rennet. The cheese takes its shape in plastic molds, then she rolls the fist—sized pyramids of cheese into
`black pepper, chives and garlic, dill and garlic, or red pepper flakes. A Cryovac machine seals the cheese in
`plastic wrap that keeps it fresh for up to 10 weeks.
`
`"As long as we maintain that quality, we're going to be a small business," said Kilmartin, who started
`Westfielcl Farms in 1981. "Small businesses simply do not have the volume."
`
`LOW VOLUME
`
`Another challenge is milk volume: It takes 10 goats to produce as much milk as one cow. And just 13
`percent to 20 percent of goat milk produces cheese.
`
`"One of our goals in the goat world is to learn enough about goat dairying and business so that we can say
`it's a viable living," said Kilmartin, who turns out up to 400 pounds of cheese a week.
`
`Rawson Brook Farm in Monterey will not expand this year because owner Susan Sellew cannot find reliable
`help. For now she's settled on 50 goats and sells five varieties of Monterey Chevre to the popular Zabar's
`in New York, Bread & Circus, and stores and restaurants in Berkshire County.
`
`"I could sell much, much more cheese," said Sellew, who runs the farm with her husband, Wayne Dunlop.
`(But) if we got much bigger than this we would go insane."
`
`GRAPHIC: Photo
`
`UMI-ACC-NO: 9219257
`
`http://www.iexis.com/resemc11/ret1'ieve?_111=9803a52539f5964925e832e7clcO2da1b&clocnun1=246&__fi11t...
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`
`
`Search - 251 Results — Zabars
`Page 4 of4
`
`LOAD-DATE: October 18, 1995
`
`Source: News 8. Business > glombined Sources > News, All (English, Full Text)
`Terms: zabars and date(geq (#111992) and Ieq {12I31l1993)) (Edit Search | Suggest Terms for My Search)
`View: Full
`
`Dateffime: Wednesday, May 31, 2006 - 3:07 PM EDT
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`http://www.1exis.C0111/resea1'c11/retrieve‘?_111=98O3 215253 9f5964925e832e7dc02da1 b&doc11L1n1~——246&_f111t...
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`

`
`
`Search - 251 Results - Zabars
`Page 1 of 2
`
`Source: News 8: Business > Combined Sources > News, All (English, Full Text} i:i:l
`Terms: zabars and dateigeq (‘il'li'1El92) and leq ('f2i31.i1993)) (Edit Search | Smuggest Terms for My Search)
`
`4-‘Select for FOCUSTM or Delivery
`Ci
`
`What's up at retail; Laytner's takes Manhattan; Laytner’s Linens; Company Profile HFD—The Weekly Home
`Furnishings Newspaper February 17, .1992
`
`Copyright 1992 Information Access Company, a Thomson Corporation Company
`ASAP
`
`Copyright 1992 Capital Cities Media Inc.
`l-iFD—The Weekly Home Furnishings Newspaper
`
`February 17, 1992
`
`SECTION: Vol. 66 ; No. 7 ; Pg. 40; ISSN: 0746-7885
`
`LENGTH: 619 words
`
`HEADLINE: What's up at retail; Laytner's takes Manhattan; Laytner's Linens; Company Profile
`
`BYLINE: Bernard, Sharyn K.
`
`BODY:
`
`What's Up at Retail
`
`NEW YORi(—-The Metropolitan Museum of Art, Central Park, Lincoln Center and Zabar's are all we|l—known
`fixtures in the tony Upper East and West Side districts of Manhattan. So to is Laytner's Linens.
`
`Laytner's, a family-owned and operated store founded by Helen and Joseph Laytner, has been supplying
`savvy New Yorkers with home textiles for more than 30 years. Mel and Alan Laytner, sons of Helen and
`Joseph, now run the stores, one on the East Side and one on the West Side. The stores have a combined
`area of 6,500 square feet, a virtual cavern for space—cramped New York. And industry sources estimate the
`firm's annual sales at more than $ 2 million.
`
`The typical Laytners‘ customer, according to Mel Laynter, is fashionable, intelligent, articulate and
`informed. "They know their thread counts and their fabrics," he said. "It's the customer who wants help and
`aiso wants space."
`
`"We know what kind of customer that we want to come in," Alan Laytner said. "It's not the boutique
`customer or the mass merchant customer."
`
`Cotton programs are a big part of Laytners' product mix. The store was the first New York specialty store to
`carry J.P. Stevens’ Simply Cotton program and it sent 30,000 mailers to its customers for the all-natural
`line. Mel Laytner said, "More customers of ours don't want to hear the word polyester."
`
`The Laytners describe their product mix as basic linens, although top-of-the—bed fashions are prevalent in
`the stores. Vignettes display four to five patterns and are rotated every three to four weeks. Designer
`ensembles include Collier Campbell for J.P. Stevens, Eileen West for Dan River, Liberty of London and Esprit
`for WestPoint Pepperell and Laura Ashley for Revman. Other suppliers include Fieldcrest, Wamsutta,
`Newmark, Kosen, Phoenix Down, Down Right, American Pacific, Arch, Jolo, Saturday Knight and Maytex.
`
`Retail competition in New York is stiff, especially for a small store doing battle with major department
`stores. Laytner's differentiates itself by offering price protection and meticulous customer service. "I speak
`to customers every single day," Mel Laytner said. "We bend over backwards to get products for the
`customer. I subscribe to the theory that you shouldn't compete on price.
`
`l1it]J://wwwjexis.com/reseaIc11/1'et1'ieve?_m=9803a5253 9f5 964925e832e7dc02da1 b&doo11u111=242&_fi11t...
`
`5/3 1/2006
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`
`
`Search — 251 Results - Zabars
`Page 2 of 2
`
`“We've been extremely aggressive in finding (bargains,"' he continued. "What we've resisted doing is
`buying a bargain and increasing our margin. This is an intelligent customer and they know what's out there.
`But we're not nor do we seek to be a discounter. We fought very hard to have access to better-quality
`goods."
`
`Laytner's offers customers seasonal sales when Me! or Alan Laytner spot a growing trend. The store can
`quickly offer blanket, flannel or down promotions by ordering through vendors with quick delivery
`programs. "We pick items we can aggressively go after for a two to three month period and we run
`aggressively on that," Alan Laytner said. Other growth areas include tapestry decorative pillows, quilts and
`duvet covers.
`
`"People ask (How long is the sale‘; we say (As long as we've got stock,” Mel Laytner said. "We can make
`product decisions, get stock and run a promotion in one week.
`
`The Laytners attribute much of the store's success and their business attitudes to their mother. "She
`always said two things: for money you can always get merchandise and the bills have to be paid on the
`10th," Alan Laytner said. "She still calls us to make sure we sent them."
`
`PHOTO : A home fragrance display at the Broadway Laytner's Linens
`
`PHOTO : A vignette featuring a Utica ensemble, Shaker furniture and a tapestry wall hanging.
`
`PHOTO : The store's bath shop, featuring Royal Velvet towels.
`
`GRAPHIC: Photograph
`
`SIC: 5719 Misc. homefurnishings stores ; 2392 Housefurnishings, not elsewhere classified
`
`IAC—NUMBER: IAC 11850170
`
`IAC-CLASS: Trade & Industry
`
`LOAD-DATE: August 22, 1995
`
`Source: News & Business > Qombined Sources > News, All (English, Full Text)
`Terms: zabars and clate(geq (1!‘lI1992) and leq (‘I 2131119!-}3))
`(Edit Search | Suggest Terms forfi/i_y Search)
`View: Full
`Dateffimez Wednesday, May 31, 2006 - 3:07 PM EDT
`
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`
`Page 1 of 2
`
`Source: News 8. Business > Combined Sources > News, All (English, Full Text) [Ii
`Terms: zabars and datetgeq (1i1I1992) and ieq (1 213111 993))
`(Edit Search J Suggest Terms for My Search)
`
`~FSelect for FOCUS?“ or Delivery
`[1
`
`Cucumber crop shortage puts delis in a pickle USA TODAY March 6, 1992, Friday, FINAL EDITION
`
`Copyright 1992 Gannett Company, Inc.
`USA TODAY
`
`March 6, 1992, Friday, FINAL EDITION
`
`SECTION: LIFE; Pg. 1A
`
`LENGTH: 207 words
`
`HEADLINE: Cucumber crop shortage puts delis in a pickle
`
`BYLINE: Craig Wilson
`
`BODY:
`
`Are we in a pickle or what?
`
`Torrential rains have wiped out the Mexican cucumber crop, causing a severe shortage of deli dill here.
`
`What's a pastrami on rye without a pickle?
`
`Some delis are offering substitutes — pickled peppers or tomatoes — but real delis don't relish that little trick.
`
`"There‘s no question of changing," says Hal Horowytz, a manager at Zabar's delicatessen in New York
`City. "Most of the customers prefer this type of product, so we just pay a little more and eat the cost."
`
`Wise men, Mr. Horowytz.
`
`Why? Because persnickety pickle lovers, with as many as 36 flavors to choose from, can tell if delis and
`restaurants try to palm off processed dills for fresh refrigerated deli pickles, says Richard Hentschel of the
`Pickle Packers International in suburban Chicago.
`
`The deli pickle is in "very high demand in selected and ethnic markets," he says. "Anything else, in their
`mind, is not a pickle."
`
`The majority of cucumbers for pickles are imported from Mexico only during winter.
`
`USA pickle processors are looking toward spring, when pickle production begins here. Main cucumber
`growing regions: Michigan, North Carolina and Wisconsin.
`
`Prices have risen as much as $ 2 a bushel to about $ 14.
`
`Source: News & Business > Combined Sources > News, All (English, Full Text) [Ii
`Terms: zabars and dateigeq (1i1I1992) and leg (12i31!1993)) (Edit Search | Suggest Terms for|yl_y Search)
`View: Full
`Date/Time: Wednesday, May 31, 2006 - 3:05 PM EDT
`
`http://www.Iexis.coin/1'esea1'c]1/retrieve‘?_n1=6O571ef5e7fclff9fc65df3 3c86O82b7e&docnun1=231&__f1ntst1'...
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`Search - 251 Results — Zabars
`Page 1 of 3
`
`Source: News 8: Business > Combined Sources > News, All (English, Full Text) iii
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`U
`
`Metropolitan Diary The New York Times March 11, 1992, Wednesday, Late Edition - Final
`
`Copyright 1992 The New York Times Company
`The New York Times
`
`+ View Related Topigs
`
`March 11, 1992, Wednesday, Late Edition — Final
`
`SECTION: Section C; Page 2; Column 1; Living Desk
`
`LENGTH: 732 words
`
`HEADLINE: Metropolitan Diary
`
`BYLINE: By Ron Alexander
`
`BODY:
`
`A FRIEND writes:
`
`Sometimes what turns out to be a surprisingly pleasant clay simply sneaks up on a New Yorker, perhaps
`leaving the trace of a satisfied smile or wonder of wonders, a warm feeling about the city itself. Last
`Thursday, for instance.
`
`It had not been my all—time greatest day at work. By five o'clock I was Mr. Gloom. Then a friend phoned to
`say he had an extra ticket for that night's opening of "Marvin's Room" in the Village followed by a party at
`La Boheme next door. What had I to lose? I was depressed anyway.
`
`The play was fine and I even found myself laughing. The party was a crush of familiar and not—quite—so—
`recognizable faces. I saw Al Hirschfeld eating pizza without soiling his snowy beard. I spotted Madeleine
`Kahn, looking terrific, coming away from the buffet table somehow juggling two full dinner plates and a
`large beverage. "May I have your autograph?" I asked. Her laughter made me feel really great. When
`Eileen Heckart brushed by, my friend stopped her and said, "Would you like to meet a man who thinks
`you‘re wonderful?" She said yes, smiled and shook my hand.
`
`My friend and I walked around the Village and wound up at cafe on Charles Street. It was warm enough to
`sit outside. We had double espressos and talked about Italy. The waitress joined our conversation: it turned
`out that her relatives in Milan are good friends with people I know who live in a nearby town.
`
`"I used to see you passing by with your dog,“ the waitress said.
`
`"I had to put him to sleep,“ I told her.
`
`She looked sad. "From now on I will wave to you," she promised. The world seemed small, gentle and
`friendly again.
`
`In my apartment building elevator, another tenant, a man from India, got on. "I miss your dog very much,"
`he said as he got off on his floor.
`
`Nothing significant happened last Thursday. I went to a play, on to a party, spoke to two actresses I
`
`http2//wwwlexis.com/researcli/reb‘ieve‘?_n1=Oa5952332627O67ae346ccbd42d1of71&docmun=228&_fints... 5/3 1/2006
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`Search — 251 Results - Zabars
`Page 2 of 3
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`admire, had espresso outdoors, made friends with a waitress and was comforted by a neighbor. All
`was a good day to be a New Yorker.
`
`in all it
`
`A fellow we know was on a bus heading home after working late when he heard two men —- early 30's -- in
`deep conversation concerning adjustable mortgage rates, property taxes and such.
`
`Man one: My wife and Ijust moved to Bloomfield. We got a nice place there, beautiful old house.
`
`Man two: What style?
`
`Man one: Cape Cod. Built In 1956.
`
`Man two: Wow! They don't make houses like that anymore.
`
`GOING PLACES
`
`Waiting curbside for the bus, I glimpse a length
`of trolley track once paved over but
`now laid bare by traffic‘s fierce erosion.
`And for a flash in time
`
`the token in my hand
`becomes a nickel
`
`as I stand among fedoras
`and hear the clanlc and squeal
`of metal wheels that bring to me
`this little folding step
`that pops down like a genie 's palm
`and says hop up kid we're going places.
`But here's my bus. Now look at that.
`The sign across its front says
`Limited.
`
`I couldn't have said it better.
`
`—— MARCEL J. SISLO WITZ
`
`Zabar's on a recent Saturday afternoon.
`
`I pick out a wedge of ripe Brie to have the next day at a brunch for the naming of my new granddaughter.
`A voice: "Why would you take that one when there are others right next to it that are a dollar a pound
`cheaper?"
`
`"I didn't notice," I admit sheepishly. I pick out a less expensive piece.
`
`"I couldn't believe it,“ the voice persists, "when I saw you pick up the first one.“
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`http://www.lexis.com/researcl1lre’Lrieve‘?__n1=0a5952332627067ae346ccbd42d1 cf? 1 &docnu111=228&_f111ts... 5/31/2006
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`Search — 251 Results - Zabars
`Page 3 of 3
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`I move over to the counter to get some chevre. The loudspeaker announces an instant special: whole
`wheels of Erie for $3.99, reduced from $12.99. The voice is back: "Did you hear that?"
`
`"I heard it, but I don't know where they are."
`
`"I'll find it," she says. She is back almost instantly. "Come with me."
`
`Obediently, I follow to a table near the checkout. None of the wheels are ripe enough. I explain thatl have
`to have one that can be eaten tomorrow. "Here," she says, "take mine," offering me a ripe wheel priced
`about the same as my much smaller wedge. "I don't need one for tomorrow.“ Delighted, I accept.
`
`"Where are you from?" she asks. "Seattle," I answer.
`
`"I could tell you were from out of town."
`
`"But I lived here for years," I protest.
`
`"Well," she says, "you've lost your edge."
`
`-- EVELYN KLEBANOFF
`
`GRAPHIC: Sketchbook drawing
`
`LOAD-DATE: March 11, 1992
`
`Source: News 8. Business > ‘Combined Sources > News, All (English, Full Text) i'jjg_“___i
`Terms: zabars and date-(geq (111 11992) and Ieq (12I3'lI1993)) (Edit Search | Suggest Terms for My Search)
`View: Full
`
`Datefiimec Wednesday, May 31, 2006 - 3:04 PM EDT
`
`L
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`| Terms & Conditions
`.9», Abput LexisNexis
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`*
`ems Ema“ gqgyrlght @ 2006 LexlsNexls, a division of Reed Elsevier Inc. All rights reserved.
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`Page 1 of 2
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`Source: News & Business > Combined Sources > News, All (English, Full Text) {El
`Terms: zabars and date(geq (1l’1l1992) and leq (12l'31l‘l 993))
`(Edit Search | Suggest Terms for My Search)
`
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`El
`
`STAR QUAL_l_'TY;Ex—,orosecutor Star Jones soars as NBC‘s legal eagle People April’ 13, 1992
`
`Copyright 1992 Time Inc.
`People
`
`April 13, 1992
`
`sscrxom: INTRODUCING; Pg. 91
`
`LENGTH: 777 words
`
`HEADLINE: STAR QUALITY;
`Ex—prosecutor Star Jones soars as NBC's legal eagle
`
`BYLINE: TIM ALLIS
`
`SABRINA MCFARLAND in New York City
`
`BODY:
`
`IF STAR JONES LIVES UP TO HER NAME, will she remember the not-so—little people? "A judge asked if he
`was going to know me when I become famous," recalls Jones, who was an assistant D.A.
`in Brooklyn, N.Y.,
`before becoming NBC's legal correspondent. "I said, ‘Well, Your Honor, I already think that I'm a grand
`diva, so what in the world could this do to me?‘ "
`
`That mix of candor and confidence -— coupled with a gift for clarifying muddy legal issues —— impressed NBC
`brass enough to woo Jones, 30, away from the D.A.'s office. The move to television started last July when
`she began moonlighting as a studio commentator for Court TV, where she covered the William Kennedy
`Smith rape trial. After first appearing as a guest on Today in December, she signed a six-figure contract
`with NBC in February for at least a year and has kept viewers of Today and the NBC Nightly News —~ as well
`as certain NBC affiliates -— abreast of developments in the Mike Tyson rape case and the Rodney King police
`brutality trial.
`
`Jones is still adjusting to camera angles, soundbites and, she confesses, to a "slight feeling of intimidation"
`in the presence of superanchors like Tom Brokaw. But she has found support from Today co—arlchors Bryant
`Gumbel -- who gave her broadcasting tips -- and Katie Couric. "She treats me like I've been here all my
`life," says Jones. "I message her on my computer every morning: ‘What's up, girl?‘ And she comes right
`back exactly in the same words."
`
`Jones cut her legal teeth in the Brooklyn district attorney's office, where since 1986 she successfully
`prosecuted a number of often sensitive cases, including that of a 14-year-old boy who was convicted of
`killing a 19~year—old in a playground dispute last year. Jones found the job more exhilarating than grueling.
`"I knew the highest of highs," she says. ‘'1 bond almost immediately with the people I meet. I'll miss being
`able to pick up the phone and call young witnesses and ask how they did on a trig test." In Brooklyn, Jones
`distinguished herself with commitment to her work, a sensitive manner with victims, and charisma. "She
`walks into a room and lights it up," says friend and former colleague John Riley. When she left for NBC, her
`boss and mentor, District Attorney Charles Hynes, told her, "If you want to come back, this is your home."
`
`Before she was a Star, Jones was a Starlet -- the legal name her mother, Shirley Byard, gave her firstborn,
`for the twinkle in her eyes, when she was a baby in Badin, N.C. Star spent her first six years with her
`grandparents in North Carolina, whiie her mother went to college in New Jersey and eventually became a
`human services administrator for Trenton. In 1969 Star and her sister, Sheila, now 25 and a Washington,
`D.C., travel agency manager, moved with their mother to a housing project in Trenton. Jones's biological
`
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`Se-arol1 - 251 Results — Zabars
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`father, whom she doesn't wish to name, still lives in North Carolina. “But," she says, "I'm 100 percent
`closer to my stepfather," James Byard, 53, chief of security for the city of Trenton, whom Shirley wed when
`Star was 18. "My mother has given me my personality," says Jones. "But my stepfather has given me my
`heart."
`
`Shirley, now 51, saved enough money to send her girls to parochial schools, where the bookish Star's quick
`temper didn't always endear her to others. "I coul

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