Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA84979
`ESTTA Tracking number:
`06/12/2006
`
`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/
`06/12/2006
`91166191 Not Rely 23.pdf ( 78 pages )(2810353 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
`Z/-\BA'S AND DESIGN
`
`v.
`
`Zaba's Grill, LLC
`
`Serial No.: 78358762
`
`78358819
`
`Respondent
`_--_____---_______________-_____--__-___-_-_-___________x
`
`OPPOSER’S TWENTYTHIRD NOTICE OF RELIANCE
`PURSUANT TO 37 CFR §2.122le)
`
`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 year 2002 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
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`goods and services are and have been, offered and sold, and the simiiarity of the
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`parties‘ respective marks, goods and services, and the legal similarity in channels of
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`trade.
`
`

`
`
`
`The excerpts are identified in the annexed summary by date, name of
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`publication, page, and article headline.
`
`Copies of
`
`the excerpts are attached
`
`immediately following the summary.
`
`Dated: June 12,2006
`
`R
`
`
`ectfully submitted,
`
`
`
`
`
`626 N. hompson St.
`Rarita ,New Jersey 08869
`(908
`22-5640
`
`' @br—tmlaw.com
`
`CERTIFICATE OF SERVICE
`
`i hereby certify that a true and complete copy of the foregoing OF-‘POSER’S
`TWENTYTHIRD 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 12th 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 Floor
`1400 Sixteenth Street
`
`Denver, CO 80202-1fix
`
`DATED:
`
`.lL111e 12, 2006
`
`
`
`//_....._
`
`23"’ Notice Reliance Zabar's Opp. No. 91153191
`
`Page 2
`
`

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`Zabar’s
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`Third Party Articles
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`1/19/2002 Hamilton Sectator
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`2002
`Iii Publication
`j_ —
`New Yorkers: stronger
`than ever
`Outside the heart-shaped
`box: creative valentine ifts
`Food will kee us toether
`Whole foods makes big
`slash in the Bi A le
`The Film: don't sa aword
`Black and White, Eaten all
`over
`Broadcast News
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`Travel; P. T 05
`Personal Finance;
`Life & Mone
`Food; P. E 2
`Business & Financial
`News
`Features
`Food; Part 8;Features
`Desk; P. 1
`o o
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`211 5/2002
` 2/24/2002
`_
`4/17/2002
`4/25/2002
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`1/28/2002 Marketwatch
`2/1312002
`The Boston Globe
`The Dallas Morning
`News
`Sunda Times (London
`
`Los Aneles Times
`Seattle Weekl
`
`
`
`-
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`6/16/2002
`
`Sunda Times London
`Star Tribune
`6/27/2002 Minneaolis, MN
`Press Enterprise
`
`
`
`Features
`Taste; Fork on the
`Road; P.‘l'i'
`Entertainment;
`
`Uptown, downtown-get out
`
`on the town
`
`Fork on the Road
`Places you must see to
`
`8/20/2002
`
`Cleveland Jewish News
`
`-
`- Courier News
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`8/21/2002
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`Bridewater. NJ
`
`lndia in New York
`8/23.12002
`The New York Sun
`9/412002
`The Miami Herald
`9/21/2002
`10/21/2002 Peole
`
`The Oreonian
`11/8/2002
`11 /1 0/2002 The New York Times
`11/10/2002 The New York Times
`
`Vol. 85; No. 12; P. 18 Gotham
`
`Golems, ghost stories and
`A grape stomping good time
`
`in Belvidere
`Hot Sufi! Don't know what
`sauce to choose?
`With Glass in Hand
`
`Lifest le; P. 1 B
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`Vol. 6, No. 7, P. 28
`Food & Drink; P. 11
`.
`Udate; P. 86
`
`Yada Yada Dada
`Friday Surprise Giuliani and
`Rockefeller
`Streetscaes/Zabar’s
`Gadets a Go-Go
`
`Local Stories;P. A 20
`Sect. 11, Col. 1, P. 9
`Sect. 6, Part 2; Col. 1
`Winter in the City;
`P. 28 X
`11/17/2002 The Journal News
`F79th St.
`Food & Drink; P. 15 fl
`11/20/2002 The New York Sun
`11/21/2002 Hartford Courant @ Food Notes
`Kapiti looks set to become a
`bi cheese in US
`Globe North 2
`St ie & Culture; New York
`Women of Words
`Big Apple has lodgings for all
`tastes, budets
`
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`
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`11/25/2002 New Zealand Herald
`12/8/2002
`The Boston Globe
`12/9/2002
`Los Aneles Times
`12/15/2002 CBS News Transcrits
`
`12/22/2002
`
`The Seattle Times
`
`
`
`
`462 words
`Globe North; P. 10
`Calendar; Part 5; P. 1
`Profile; 1590 Words
`Rop Zone; Travel; Pg.
`M 3
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`Search - 281 Results - Zabars
`Page 1 of 3
`
`Source: News 3: Business :- Combined Sources > News, All (English, Full Text) IE}
`Terms: zabars and date(geq {1.l1i20U2) and leq (1 2i31l2002))
`(Edit Search | Suggest Terms for My Search)
`
`~FSelect for FOCUSTM or Delivery
`El
`
`New Yorkers: stronger than ever Hamilton Spectator (Ontario, Canada) January 19, 2002 Saturday Final
`Eo’r'tr'on
`
`Copyright 2002 Toronto Star Newspapers, Ltd.
`Hamilton Spectator (Ontario, Canada)
`
`January 19, 2002 Saturday Final Edition
`
`SECTION: TRAVEL; Pg. T05
`
`LENGTH: 1132 words
`
`HEADLINE: New Yorkers: stronger than ever
`
`SOURCE: Special to The Hamilton Spectator
`
`BYLINE: Shirley Plicard «
`
`BODY:
`
`Everyone remembers where one was on September 11. I can remember and recall peoples‘ faces and
`reactions.
`
`Some people at work needed to call their families here in Canada and in the United States. Working at my
`workstation, a friend came by and told us the awful truth. We had neither Internet connection nor
`television at work at that time. At noon hour, people went out to their cars. Some of us stayed and listened
`very sadly to the radio during our lunch. But no one at that time could say Osama bid Laden correctly. I
`had a vague idea of his name but that was it. I hurried home, after lunch and of course, tuned into CNN.
`After a few hours I left and went to the gym where every television tuned into live coverage of the tragedy.
`Back at my house, I turned to my photos of my summer holiday in New York in July, hoping that I had
`pictures of the World Trade Center. I did indeed. Since that terrible Tuesday, I have concerned myself
`about returning to the city that I personally love. I made the decision in November that I would visit again,
`but this time with different eyes and totally different emotions.
`
`Last July, New York was busy, beautiful, and boisterous. The summer heat was oppressive but exhilarating.
`The pretzels and bottled water that I purchased in Central Park satisfied my hunger and thirst as I hiked to
`the MET. I never felt so well as I did that day. Indeed I Love New York.
`
`I needed desperately to visit New York again and come closer to ali the other heroes of that terrible day. I
`had read reports of tourists being unable to visit Ground Zero. Many New Yorkers had complained that the
`tourists had been gawking. After all it is a cemetery and sacred ground to those families. I kept all of these
`important perceptions near my heart as I planned my journey to New York. I felt Christmas would be a
`perfect time for renewal and a time to remember. Boxing Day for me signals the end of the stress of
`Christmas. I pianned to arrive late Christmas Day.
`
`Before leaving for New York, I contacted the Big Apple Greater: a not—for-profit program supported
`primarily by grants and private donations.
`
`It is a service free to New York visitors. The Big Apple Greeter is a civic—minded volunteer friends selected
`for their enthusiasm and love of New York City, not professional tour guides.
`
`The Web site www.bigapp_i_egreeter.com (phone: 1-800-692-8474) is available for anyone who wishes to
`
`http://www.lexis.com/researcli/ret1'ieve‘?_n1=5ee667d236070050743253b400752344&docnun1=264&_fints... 6/5/2006
`
`

`
`
`Search - 281 Results — Zabars
`Page 2 of 3
`
`use the service. I completed the form and e~mailed the information straight away and waited to hear from
`them. The next day I learned that my Big Apple Greeter was Hannah Horn, a bank comptroller from
`Brooklyn, N. Y. When I arrived at my hotel a fax was waiting for me. I quick call and we decided to meet at
`my hotel the following day at 10 a.m. Since I had no particular area I wanted to visit, she volunteered the
`Upper West Side. She would previously visit the Financial District but the attack had changed her itinerary
`and her life forever. She was indeed devastated with the events of 9/11. She spoke kindly of her mayor
`who led her great city out of the tragic events. She was proud to be born in this great city. After lunch at a
`dell near Lincoln Square, we walked around Fordham University. Upstairs (elevators are available outside)
`we walked around a garden dedicated to Robert Moses. He was responsible for all of the urban
`development in New York during the 50s and 605. Following a tour around St. Paul the Apostle Church on
`Broadway, we walked around Strawberry Fields, Tavern on the Green, Bow Lake, Bethesda Fountain, and
`Belvedere Castle. Zabars the famous grocery was busy with tourists and residents of the Upper West Side.
`The walk ended with quick run into H&H bagels and finally a subway ride down Broadway to 53rd Street.
`The end of a perfect day culminated with a quick dash to the nearby deli for a healthy salad eaten before
`the final stop at the SPA in the hotel.
`
`Two days later after hearing about the platform being built, I left early on that Sunday expecting to one of
`the first. The line was already two blocks long at 8: 30 a.m. Tourists love to talk in line and indeed people
`came to New York and Ground Zero out of respect for the heroes who died that horrible day. As we
`approached the platform, people became very quiet. The walk up the incline was still. The wind was cold
`and one observer in the Daily News later mentioned the vertical blinds from the World Trade Center still
`attached to the limbs of a tree in St. Paul's cemetery rattling in the wind. Some people took pictures, some
`cried and some wrote notes on the platform rail. The walk down back to the street was the saddest of all. I
`spent nine days in New York and everyone who spoke about that terrible day could not speak coherently.
`They hesitated and walked away orjust shook their heads. Their city was assaulted. They were assaulted.
`At his final speech at St. Paul's chapel, mayor Guiliani noted the church had withstood the attack just as
`New Yorkers had withstood the attack. They would be confident and stronger than ever after that horrible
`day of 9/11.
`
`Shirley Picard is a freelance writer. She can be reached at shir|ey_p2000@yahoo.ca
`
`Tickets (free) required
`
`for Ground Zero
`
`The South Street Seaport has become the first stop for those who wish to view the World Trade Center
`ruins. That is where free tickets are being distributed by New York City for half—hour time slots on the
`viewing platform at the Trade Center site. The tickets are distributed daily 11 a.m. to 6 p.m. (or until the
`day's supply runs out) at a booth on Pier 16, at the foot of Fulton Street. The viewing platform -- about a
`15-minute walk along Fuiton Streetjust off Broadway -- is open from 9 a.m. to 8 p.m. daily. Each day, the
`tickets are distributed chronologically for the noon to 8 p.m. siots that same day and the 9 to 11:30 a.m.
`slots the next day. Each half—hour block has 250 tickets; each person on line can take a maximum of two
`tickets. On a mild weekday afternoon in early January, the line stretched most of the way along Pier 16 but
`moved quickly because no money was changing hands. At 1 p.m. that day, the tickets for 6:30 p.m. were
`being handed out. Visitors must take whatever time slot is available when they reach the window, but
`unscientific calculation indicates that those who arrive after 3 p.m. will be getting tickets for the next
`morning. The line usually starts forming at 8 a.m. For information: (212) 732-7678. For those looking for
`some background before going to the ruins, the South Street Seaport Museum is offering "The World Trade
`Center: A Historical Perspective" at noon, 1, 2 and 3 p.m. daily; the 35-minute tour, led by historians
`connected with the museum, covers the 11—block South Street Seaport Historic District.
`
`GRAPHIC: Photo: Photo by Shirley Picard, Special to the Hamilton Spectator; Tourists come to New York
`and Ground Zero out of respect for the heroes who died Sept.11, 2001 when the World Trade Center was
`attacked. Thoughts from Ground Zero
`
`LOAD-DATE: January 19, 2002
`
`http://wwwlexis.com/1'eseaIcl1/retrieve?_m=5ee667d236070050743253b40O752344&d0cnum:264&_fi11ts... 6/5/2006
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`

`
`
`Search — 281 Results — Zabars
`Page 1 of 3
`
`Source: News 8. Business > Combined Sources > News, All (English, Full Text) LEE
`Terms: zabars and dateigeq (1l1l2002) and Ieq (12i31i2DD2))
`(Edit Search | Suggest Terms for My Search)
`
`~ll'-‘Select for FOCUST” or Delivery
`D
`
`Outside the heart-shaped box: Creative Valentines gifts CBS Ma-rketwatch January 28, 2002 Monday
`
`Copyright 2002 MarketWatch.com Inc., All Rights Reserved
`
`Market etch
`
`
`ran
`
`CBS Marketwatch
`
`January 28, 2002 Monday
`
`SECTION: PERSONAL FINANCE; LIFE Si. MONEY
`
`LENGTH: 1388 words
`
`HEADLINE: Outside the heart—shaped box: Creative Valentines gifts
`
`BYLINE: Alisa Weinstein, CBS.iVlarketWatch.com; mailto:aweinstein@marketwatch.com
`
`BODY:
`
`SAN FRANCISCO (CBS.MW) —~ When it comes to a buying a gift for your sweetie this Valentine's Day, try
`thinking outside the heart-shaped box.
`
`Flowers and candy might have made a girl swoon in simpler times, but with everything from personalized
`songs to hot air balloon rides avaiiable online, it's easy to get more creative and sophisticated in your
`expressions of love.
`
`"When you give a gift to someone, you're communicating what makes them unique or interesting and how
`much you care about them," said Darrell Benatar, president of Paio Alto, Calif.-based
`l;i_t_tp_:[/www.surprise.com[ Surprise.com, a database of user-submitted gift ideas. "Price can show that, but
`so can how much thought you put into it."
`
`Look for a gift that connects you with that person, whether it's something touching, personal or humorous,
`said Julie Gilhart, vice president of fashion at Barney's, New York. "Take an extra minute and think about
`something that is a little special or a little different."
`
`To get you on your way, CBS Marketwatch spoke to shopping experts and combed the Web to come up
`creative gift ideas for the budget—conscious and big spenders alike:
`Give him or her the stars —— or at least one. You can name a star for the one you love at
`http_:_/jwww.starwis"l1i_r_1_g.com/_ Star Wishing from EcoP|anet. Gift packages include an entry in the Internet's
`online Millennium Chronicle Star catalog, a greeting letter telling you about the registration, a parchment
`paper certificate with the name of your star, date of registration, the constellation and your wish, the Star
`Gazette with scientific data about your star, and a customized map with your star marked on the center for
`$39.95.
`A personalized romance novel. i_1_ttp_:jjwww.yournove|.com/_ Yournove|.com will customize a love story,
`making you and your sweetheart the main characters. Choose a "mild" version with only hugging and
`kissing, or the "wild" version with more detailed love scenes. Get written into stories like Another Day In
`Paradise, set on a Caribbean island, or Island of Love, which takes place in Tahiti and the South Seas for
`$54.95.
`A homemade gourmet meal. Take a cooking class and iearn how to make your Valentine a romantic dinner.
`For instance, Sur La Table offers hands—on culinary classes that teach students how to prepare a multi-
`
`http://www.lexis.c0111/resea1°c11/retrieve?_1n=4e8689eee7acb5 829053fdd8da3 c7c04&c1oc11u111=260&_frntst1'... 6/5/2006
`
`

`
`
`Search - 281 Results - Zabars
`Page 2 of 3
`
`course meal from start to finish. This year, it's offering special Valentine's Day classes on cake decorating
`for $75 in Newport Beach, Calif. and "Cupid's Kitchen" for $180 in Houston. Couples can learn to cook a
`romantic meal of Duck Confit Roulade with Roquefort Vinaigrette Smoked Salmon and Lemon Risotto with
`Jumbo Prawns. Peruse their culinary programs ht,tp:[Lw_vvw.surlatable.comjcool5Mii3g/index.cfm online by
`store.
`
`Take a mini—course in massage therapy and then let your fingers express your love.
`htt_p:1/www.naturalhea|ers.cgm[ Naturaihealers.com lists massage therapy schools across the country.
`Body Therapy Center in Paio Alto, Calif., for instance, offers a five~hour back, neck and shoulders course for
`$75 or a five—hour aromatherapy course for $60.
`A one—of a—kind love song. Write one and sing it yourself, or for the tonally impaired, enlist some help. Go
`to __http:[Lv_v_,ww.personalizedsg_gg.corn_[ personalizedsongcom to work with professional musicians to create
`a song and have them record it on a CD. The cost is $197 for a male vocalist and $217 for a female
`vocalist. http:flwww.asongforyou.corri[ Asongforyou.com will create a custom song from information you
`provide for $299.00.
`Go for a joyride. Find out what kind of car your mate has always wanted and rent it for a day. To make it
`extra special, pack a picnic and whisk your love off to a romantic location in his or her dream car. Luxury
`doesn't come cheap: At Miami—based httpm;/_/www.excellence|uxury.com[ Excellenceiuxury.com, a Corvette
`convertible costs $325 a day, while a Ferrari F360 Modena coupe is even pricier, at $2,000. But it's still less
`than buying one of your own. Find an agency in your area that rents luxury cars by going to
`http;[/www.exoticcarguicle.com[ Exoticcarguide.com.
`Breakfast in bed. What could be more romantic than not getting out of bed at all on Valentine's Day, or
`maybe the following Saturday? There's hope even if you aren't a whiz in the kitchen. Ready-made baskets
`come with everything you need —— from pancake mix to a whisk ~- to create the perfect morning meal.
`Martha Stewart's version comes with heart-shaped pancake, butter and sugar molds for $138. Or, if you
`want to leave the cooking to someone else, Zabar's, the world—famous New York food store, will deliver a
`crate of freshly baked bagels, Nova salmon, plain and scallion cream cheese, freshly baked cinnamon
`rugeiach and coffee to your doorstep for $129.
`A living love poem. Body Talk Tattoos are like the magnetic poetry you can play with on your refrigerator,
`only for your body instead. The kit, available at ljjgtp:[[www.redenvelope.cong[ redenveiope.com for $20,
`contains more than 800 words and letters that you can combine to create your own romantic sonnets. For
`more traditional poets who'd rather see their words on paper, the gift site offers a Secret Love Letters kit.
`The $48 kit contains standard, rose-scented ink and invisible ink that appears when you hold the paper up
`to a heat source, and then disappears again when you take it away.
`Foreplay. It's always an appreciated romantic overture. For the uninspired, try The Hot and Bothered
`Game, a version of spin the bottle for the R-rated crowd. The spinner is full of different moves you can put
`on your partner. Also available at redenveiope.com for $20.
`i-lot air balloon ride. Float for an hour over vineyards, fields or mountains for $150 to $200. Find
`information at http:1/www.ba|loonridesusa.i Ba|!oonRidesUSA.corn and
`http_;/_/www.ushotairballoon.cog3L US Hot Air Balloon Team.
`If you must give flowers... http_:[jwww.800flowers.corgj_ 1—800—F|owers.com will deliver a different kind of
`rose, or one of a variety of blooms like freesia, calla lilies or double peony tulips to your sweetheart each
`month for three, six or 12 months. The flower club runs $134.99 pius $16.99 shipping for three months of
`flowers to $492.99 plus $44.99 shipping for one year. Roses are little more costly, at $149.99 plus $16.99
`in shipping for three months to $559.99 plus $44.99 in shipping for one year. Endless Flowers’
`httpgj/www.flowermonthclub.com[ Flower of the Month Club has gift memberships that range from two
`months for $77.90 to one year for $460.65 for a monthly delivery of fresh—cut flowers.
`
`1997-2002 MarketWatch.com, Inc. All rights reserved. See details at
`ljttp:/jcustom.marketwatch.com/custom/docs/useragreementasp .
`
`LOAD-DATE: January 3, 2003
`
`Source: News 8. Business > Combined Sources > News, All (English, Full Text)
`Terms: zabars and datelgeq (1i"ll2002) and leq (1 213112002” (Edit Search I Suggest Terms for My Search)
`View: Full
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`Source: News 8. Business > Combined Sources > News. All (English, Full Text) IKE
`Terms: zabars and date(geq (1I1i'2002) and Ieq (1 2l31l20D2)} (Edit Search | Suggest Terms for My Search)
`
`~FSe|ec:t for FOCUSTM or Delivery
`iii
`
`FOOD WILL KEEP US TOGETHER The Boston Globe February .13, 2002, Wednesday
`
`Copyright 2002 Globe Newspaper Company
`The Boston Globe
`
`February 13, 2002, Wednesday ,THIRD EDITION
`
`SECTION: FOOD; Pg. E2
`
`LENGTH: 549 words
`
`HEADLINE: FOOD WILL KEEP US TOGETHER
`
`BYLINE: By Jill Casey, Globe Correspondent
`
`BODY:
`
`Sushi isn't for everyone. I knew I was in love with my boyfriend when I realized that our weekend dates at
`the sushi bar weren't exactly mutually pleasing.
`
`After gorging on spicy tuna, unagi, and yellowtail rolls on several occasions, the truth came out: Ingesting
`raw fish doesn't agree with him. I guess that explains why his face would turn wasabi—green after the meal.
`He was trying something new because he knew how much I liked it.
`
`Whether you look at food as an invitation to adventure or simply as a a means of survival, it plays a role
`in intimate relationships. The things someone eats, a special dish he or she cooks, or the way someone
`thinks of food can tell you a lot about potential compatibility as a mate. Could it also signal what someone
`is like in other parts of the relationship?
`
`Who hasn't experienced a loss of appetite upon falling in love? You run on nervous energy, and feel certain
`that love is all you need to sustain yourself. Of course that only lasts for a iittle while. After you both drop a
`couple of pounds and regain some consciousness, your [over will ask, "So, what do you want for dinner
`tonight?"
`
`As one of you starts daydreaming of sharing plates of sizzling tapas and drinking sangria, the other is
`thinking hot pizza, cold beer, and the comforts of the couch.
`
`Food, which some people overlook in the first few months of a relationship, ends up having a lot to do with
`whether a relationship lasts, says Antonette Galasso, who teaches Italian cooking teacher at the Cambridge
`Center for Adult Education.
`
`"I can't deny the part of me that wants every meal to be an experience. I don't think I could be with
`someone who didn't have an open mind about food," she says.
`
`Galasso learned to cook in Italy and understands the array of emotions that Italian food can provoke. Both
`men and women take her class for the same reason, she says. They "want a few good dishes under their
`belts to impress or win someone over.
`
`"This generation attaches women in the kitchen to a setback in feminism," she says. "For me, it's not a
`weakness, its total power."
`
`At Claremont Cafe in the South End, owners Manuel Signuel and Paula Spina, who are husband and wife,
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`can be found going through all the motions of running a restaurant.
`
`But even on busy nights, Spina pulls up a stool in the kitchen to talk to her husband while he cooks his
`comforting style of Mediterranean food. Hot plates sail past them and smoke rises from the pans as the two
`share conversation amid the bustle of a busy night.
`'
`
`When asked about how they like to spend their time off, Spina mentions a trip to New York. "We went to
`Zabar's, the gourmet superstore, and got tons of stuff Manuel likes and tons of stuffl like and just took it
`back to the hotel and had a bed picnic."
`
`Can two people who like completely different foods coexist?
`
`Ellen Albertson, who hosts a radio show, "The Cooking Couple" on WBNW (1120—AM) with her husband,
`Michael, also her collaborator on two books, "Food as Foreplay" and "Temptations: Igniting the Pleasure
`and Power of Aphrodisiacs," thinks so.
`
`“When you love someone, it's about compromise," she says. "Football was not always fun for me, but I
`grew to like it because of my husband. It's all about exploring and trying new things."
`
`LOAD-DATE: February 14, 2002
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`
`Whole Foods makes big splash in the Big Apple The Dallas Morning News February 15, 2002, Friday
`
`Copyright 2002 Knight Ridder/Tribune News Service
`Knight Ridder/Tribune News Service
`The Dallas Morning News
`
`February 15, 2002, Friday
`
`SECTION: BUSINESS AND FINANCIAL NEWS
`
`KR-ACC—NO: K5474
`
`LENGTH: 1806 words
`
`HEADLINE: Whole Foods makes big splash in the Big Apple
`
`BYLINE: By Maria Halkias
`
`BODY:
`
`NEW YORK _ This is the food capital of the world. It is the home to Balducci's, Dean 8: DeLuca and Zabar's,
`among other specialty food stores.
`
`If you can't get it here, you can't get it anywhere.
`
`So how did a laid-back, Texas grocery run by a libertarian baby boomer whose mother routinely served up
`TV dinners impress a metropolis of culinary elite?
`
`Whoie Foods Market's first Manhattan store, located in the Chelsea neighborhood, has ranked among the
`chain's top 10 revenue producers since it opened in February 2001.
`
`The chain's acceptance back East is proof that this 21-year-old Austin, Texas—based company has come of
`age _ no longer a funky niche seller of natural and organic tofu and apple juice.
`
`"Ten years ago, I wouldn't have said we were Main Street, but today we are," said John Mackey.
`
`Whole Foods‘ founder, chairman and chief executive said: "I didn't foresee us ever being this big. But the
`market continues to grow as more people care more about the food they're eating."
`
`Whole Foods slowly built up to this store. The chain's Northeast division is headquartered in Edgewater,
`N.J., and is led by a woman who could have gone into her family's Italian bakery business, but instead
`made her own career.
`
`"We have to do a few things different than you would see in the Texas stores," said Christina Minardi, vice
`president in the Northeast. One major difference comes with how New Yorkers get their groceries home.
`
`"We have a tremendous amount of home delivery. So we have delivery carts and people who push them.
`Our in-store carts are smailer. We have S—rings on the ends of our baskets so people can hang their own
`folding carts while they're shopping that they pull their groceries home in."
`
`One million people live within a mile of Whole Foods‘ 30,000-square—foot Manhattan grocery store and a
`separate 3,D00—square-foot Whole Body shop, a personal care products center that has its own entrance.
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`They're on the ground floor of an early 1900s building that was recently renovated into 354 luxury units,
`including 26 penthouses. Similar residential projects are going up across the street and up a block.
`
`Linnae Hamilton of the Soho neighborhood visits the Whole Foods market once a week. On a recent
`Tuesday afternoon, she was placing $183 worth of groceries into her van.
`
`She was bemoaning the fact that recent retail development in Soho has left her with "Chanel and Cartier
`and every other store you can think of, but no place to get natural and organic groceries."
`
`"There's really nowhere we can get this kind of selection," Hamilton said.
`
`Whole Foods shopper Jose Lugo has several reasons for shifting from D'Agostino Supermarket two blocks
`away.
`
`His No. 1 reason may be surprising:
`
`"Whole Foods is a lot cheaper," Lugo said. "And I'm trying stuff that's not in all the other supermarkets. I
`wanted to buy stock, but it was too expensive for me."
`
`The stock closed Thursday at $37.86.
`
`Otto Leuschel, manager of the Manhattan store, said the goal is to be middle-priced, but "Often we're the
`lowest in a city where its residents are used to paying 30 percent more for everything."
`
`A 10—ounce box of Cheerios at D'Agostino costs more than $5; Whole Foods‘ version, under its 365 house
`brand, costs $1.99.
`
`Across the Hudson River in New Jersey are several more Whole Foods stores, including a 50,000-square-
`foot unit built in 2000 in a former mail-bag repair center that has a full—length view of the Manhattan
`skyline from its parking lot.
`
`The store is among the chain's largest and a real testament to how ubiquitous natural and organic goods
`are today.
`
`Mark Wilkins, manager of the Edgewater store, said the growth of natural products is "really obvious in the
`cereal aisle. Years ago we had granola. Now we have 40 feet of cereal boxes" with names such as Health
`Valley, Nature‘s Path, Mother's and, of course, 365.
`
`Whole Foods Market operates 130 stores from coast to coast and opened its first store outside the country
`in Toronto last year.
`
`By 2004, the company expects to operate 200 stores and have sales of $4 billion. By 2010, the numbers
`are projected to grow to 400 stores and $10 billion in annual sales.
`
`"We're only in 30 of the top 50 U.S. metro markets, and we haven't reached complete saturation in any of
`our existing markets," said Walter Robb, the chain's executive vice president of operations.
`
`I13 stock has been publicly traded for 10 years and has performed at a compounded annual growth rate of
`27 percent, including a gain of more than 60 percent in the last year.
`
`It is the nation's biggest seller of organic foods, having swallowed up rivais including Boston's Bread &
`Circus, California's Mrs. Gooch's and Fresh Fields in Washington, D.C.
`
`Last year, it purchased Harry's Farmers Market in Atlanta, whose founder, Harry A. Blazer, was a
`consultant to San Antonio's H.E. Butt Co. H-E—B learned a few tricks from him before opening its food-
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`focused Centre! Market concept, which is now entering the Dallas-Fort Worth area.
`
`With 2001 sales of $2.3 billion and profit of $63 million, Whole Foods is almost the size of Starbucks, but
`not nearly as well-known. Not yet anyway, said Mackey.
`
`Granted, Starbucks coffee appeals to a broader audience.
`
`"Everybody gets coffee, but they don't all get Whole Foods," Mackey said. "Starbucks is a much better-
`known brand despite the fact that we're both consumer products companies with similar growth patterns."
`
`Whole Foods has diluted its brand over the years by continuing to operate in some markets under the
`names it acquired, such as Fresh Fields and Bread & Circus.
`
`Over the next two to three years, the plan is to operate under the Whole Foods name exclusively. "I would
`think, for example, in the Boston market, any fears customers may have had about our acquisition of the
`company have dissipated," Macl<ey said.
`
`It's a true story that Mackey's mother was thrilled with prepared frozen foods. When he went off to college,
`joined a co—op and saw buik bins of fabulous fresh foods, it moved him to entrepreneurship. He founded the
`chain in 1978.
`
`"Back then, there wasn't enough product to fill the store, s