Complaint Steak-Umm V Steak 'Em Up

Case 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 1 of 51
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THE STEAK UMM COMPANY, LLC, 520 Caroll Street
Reading, Pennsylvania 19601
Plaintiff,
v.
CIVIL ACTION NO.
STEAK 'EM UP, INC.,

2600 S. 11 th Street
Trial By Jur Demanded
Philadelphia, Pennsylvania 19148

Defendant.
COMPLAINT
Plaintiff, The Steak Umm Company, LLC ("Steak Umm" or "plaintiff'), by and through
its attorneys, Stradley, Ronon, Stevens & Young, LLP, for its complaint against defendant Steak
'Em Up, Inc. ("Steak 'Em" or "defendant") alleges and states as follows:
NATURE OF THE ACTION

1. This action arses under the trademark laws of
the United States, namely,
Title 15 of
the United States Code, for infrngement ofplaintifts federal registered trademarks
STEAK UMM(l, U.S. Registration Nos. 1,033,176 (for meat products); 1,116,446 (for rolls);
and 2,375,933 (for frozen food sandwich kits) (the "Steak Umm Marks") by the defendant. This
action also arises under state common and statutory law relating to trademark infrngement and
dilution.
2. Steak Umm has continuously used the Steak Umm Marks in connection
with the advertising, promotion and commercialization of the Steak Umm meat products and rolls since at least 1977, and has continuously used the Steak Umm Marks in connection with the

-2advertising, promotion and commercialization of
the Steak Umm frozen food sandwich products
since 1998. See Exhibits A, B, and C showing the U.S. Patent and Trademark Office trademark
registration information for the three Steak Umm Marks.
3. This action is compelled by defendant's continuing and expanded use of
trademarks confsingly similar to the Steak Umm Marks, including "steak 'em up," "steak ur
up," and "steak ur," in connection with Steak 'Em's advertising and promotion of
its restaurant services, which such services include the sale of steak sandwiches, hoagies, and pizza.
4. Defendant has continued this intentional and actual infringing use of the
improper marks "steak 'em up," "steak ur up," and "steak ur" even after being put on notice of
the infngement of
the Steak Umm Marks.
THE PARTIES
5. Plaintiff Steak Umm is a limited liability company duly created and
existing under the laws of the State of Delaware, and having a principal place of business in
Reading, Pennsylvania.
6. On information and belief, defendant Steak 'Em is a corporation created
and existing under the laws of
the Commonwealth of
Pennsylvania, having a principal place of
business at 2600 South 11 th Street, Philadelphia, Pennsylvania.
JURISDICTION AND VENUE

7. This Cour has jurisdiction over the subject matter of
this action pursuant
to the provisions of28 U.S.C. 1331 and 1338 and 15 U.S.C. 1114 through 1118, and
1125, in that this action arises under the trademark laws of
the United States; and
8. Defendant Steak 'Em advertises and promotes its restaurant services and
commercializes its steak sandwich products to the citizens of Pennsylvania, and conducts its

-3infnging activity within Pennsylvania, as shown, for example by the Steak 'Em website, see
Exhbit D, and as shown by the results of a Google search for "steak ur up." See Exhibit E.
9.
U.S.C. 1391.
Venue within the Eastern District of
Pennsylvania is proper under 28
PLAINTIFF'S STEAK UMM TRADEMARKS

10. Plaintiff is the owner of
United States Registration Nos. 1,033,176;
1,116,446; and 2,375,933, for the marks STEAK-UMM(l.

11. The' 176 registration was issued in February 1976, noting use of
the mark
STEAK-UMM(l since at least Februar 1975 for steak food products. A copy ofPlaintifts
'176 STEAK-UMM(l trademark registration information is attached hereto as Exhibit A.
12. Steak Umm has used its mark STEAK-UMM(l substantially continuously
in commerce throughout the United States for steak food products, as part of developing
company goodwil since at least as early as Februar 1975.

13. The '446 registration was issued in April 1979, noting use of the mark
STEAK-UMM(l since at least Januar 1977 for rolls. A copy ofPlaintifts '446 STEAKUMM(l trademark registration information is attached hereto as Exhibit B.
14. Steak Umm has used its mark STEAK-UMM(l substantially
continuously in commerce throughout the United States for rolls, as par of developing company
goodwill since at least as early as Januar 1977.
15. The '933 registration was issued in August 2000, noting use of
the mark
STEAK-UMM(l since at least August 1998 for frozen sandwich food kits. A copy ofPlaintifts
'933 STEAK-UMM(l trademark registration information is attached hereto as Exhibit C.

-416. Steak Umm has used its mark STEAK-UMM(l substantially
continuously in commerce throughout the United States for frozen sandwich food kits, as par of
developing company goodwill since at least as early as August 1998.
17. Each of
the Steak Umm Marks are all valid, continuing and incontestable.
18. Steak Umm has advertised and continues to advertise and promote its
products, including Steak-Umm(l steak sandwich meat, and Steak-Umm~ hamburgers, through
nation-wide television and radio media, and print advertising, as well as through the Internet and
its website (ww.steakumm.com).

19. Steak Umm has invested substantial creative resources, manpower, and
money in developing and maintaining the goodwill associated with the Steak Umm Marks, the
Steak Umm brand, and the Steak Umm products commercialized under the Steak Umm Marks.
20. Through such efforts, work and expenditues, Steak Umm has created and
acquired substantial and very valuable goodwil that is symbolized by the Steak Umm Marks.
21. Because of its advertising, marketing, and retail sales success, Steak U mm
has developed a substantial
level of success in the marketing and commercialization of its meat
products sold under the STEAK-UMM~ Marks, and has created a strong following of repeat
and loyal customers for such food products.
22. Because of its advertising, marketing, and retail sales success, the Steak
Umm Marks have developed a strong secondar meanng and have become distinctively
associated with the Steak Umm food products.

23 . Word of mouth advertising and promotion from customer to customer is a
vital element of
the Steak Umm brand development and the Steak Umm company goodwil.

-5-
24. The Steak Umm Marks are widely known throughout the United States
and indeed, throughout the world.

25. By way of example, Steak Umm commercializes the sandwich steak
products and hamburger products in each of
the 50 United States, and in more than 100 stores
throughout the United States. See Exhibit F.
DEFENDANT'S INFRINGING CONDUCT

26. On information and belief, and no earlier than 2006, Steak 'Em begun to
use, and is continuing to use the mark "steak 'em up" or similar varations thereof (the
"Infinging Marks") as par of its advertising, promotion, and marketing of its sandwich steak
restaurant services in Pennsylvania.
27. Such use of the Infringing Marks stared more than thirt years after Steak
Umm began using its trademark and name for steak sandwich meat.
28. Defendant is advertising and promoting its services of sellng steak
sandwiches, among other food products, through varous commercial media, including
television, radio, internet, brochures, flyers and restaurant signage.
29. An example of
the Steak 'Em restaurant menu, showing sale of steak
sandwiches, and cheese steak sandwiches by defendant, as printed from defendant's website is
shown as Exhibit G.
30. Defendant's use of
the Infringing Marks, including without limitation,
"steak 'em" or "steak 'em up" are colorably similar to Steak Umm's Marks, STEAK-UMM~.
31. The Infringing Marks sound identical to the Steak Umm Marks.
32. The Infinging Marks appear substantially identical to the Steak Umm
Marks.

-6-
33. Defendant has used and is continuing to use the Infringing Marks to
promote its sandwich steak products, which such products are essentially identical to the
sandwich steak products commercialized by Steak Umm.
34. An Internet search engine request for the terms "steak ur up," shows that
at least the top six "hits" are for "Steak Urn Up" located 2600 South 11th Street, Philadelphia. See
Exhbit E.
35. Several of
the Internet search engine "hits" show specific advertising by
Steak 'Em of its restaurant as "Steak Urn Up" located at 2600 South 11 th Street, Philadelphia.
See Exhbits H through K.
36. The confsion of
trademarks and names is apparent because defendant's
Steak 'Em Up restaurant is located at 2600 South 11th Street, Philadelphia.
37. Defendant has used and is continuing to use the infringing marks "steak
'em" and "steak ur" without the permission, consent or authorization of Steak Umm.
38. On June 11, 2009, counsel for plaintiff sent a "cease and desist" letter to
defendant Steak 'Em Up advising of Steak Umm's concern regarding the infringing use of
the
"steak 'em" and "steak ur" marks by Steak 'Em. A true and correct copy of
this letter is
attached hereto as Exhbit L.

39. In the June 11, 2009 letter, in case defendant did not know of
the Steak
Umm Marks, defendant was advised of Steak Umm's intellectual property rights and its United
States Trademark Registrations for STEAK-UMM(l, and was asked to cease fuher use of
the
infringing "steak 'em" and "steak ur" marks.

-740. Following receipt of the June 11
letter, defendant Steak 'Em has continued
to promote its sandwich steak products and restaurant under the Infringing Marks without any
change or alteration.
41. As par of
initial discussions between the paries, defendant Steak 'Em has
only proposed to refrain from radio advertising of its infinging name.

42. Defendant Steak 'Em's improper use of
the Steak Umm Marks is likely to
cause confusion, mistake, or deception of purchasers as to the affiliation, connection, association,

origin, sponsorship, or approval of
Steak 'Em's goods, services, or commercial activities.
43. Purchasers are likely to purchase defendant's goods commercialized under
the Infrnging Marks, including "steak 'em," believing that such goods, including steak
sandwiches are made using plaintifts goods or are plaintifts sandwich steak products.
44. Plaintiff Steak Umm has no control over the quality of defendant's goods
advertised or sold in association with the infrnging "steak 'em" marks.

45. If defendant Steak 'Em continues to use the infinging "steak 'em" marks,
then Steak Umm's goodwil and other intellectual property rights will be in the hands of
defendant Steak 'Em without Steak Umm's consent or approval, and Steak Umm's goodwill and
intellectual property in its brand wil be tarished and diminished.
46. Given the initial contacts and discussions with Steak 'Em, the infringing
conduct by defendant Steak 'Em is knowing, wilful and deliberate.

47. On information and belief, the infringing activity of
Steak 'Em has been
designed to take advantage of
the goodwil and products association that Steak Umm has built
over many decades through its use of its registered trademarks and common law trademarks.

-8-
TRADEMA INFRINGEMENT
(Federal Law)
48. Plaintiff
COUNT ONE
repeats and re-alleges each allegation contained in paragraphs 1
through 47 of this Complaint as if fully set forth herein.

49. The use and advertising of
"steak 'em up" or "steak 'em" or "steak ur
up," or other confusingly similar marks by defendant constitutes trademark infrngement under
the Lanam Act, 15 U.S.C. 1114 through 1118 and causes a likelihood of confsion,
deception, and mistake.
50. Steak 'Em has adopted, used, marked, and promoted its restaurant services
using the Infrnging Marks in bad faith in an attempt to trade on plaintiffs valuable reputation
and substantial goodwil.

51. Steak 'Em's infrngement of Steak U mm' s Marks has or wil cause actual
confsion among customers, potential customers, members of the trade, and the general public.
52. Steak 'Em's acts have caused irreparable damage and injur to Steak
Umm and are likely to continue and cause irreparable injur to Steak Umm unless Steak 'Em is
enjoined and restrained by this Cour from fuher improper use of
the words "steak 'em" to
identify its restaurant services including the sale of steak sandwiches.
COUNT TWO UNFAIR COMPETITION / FALSE DESIGNATION OF ORIGIN (Federal Law)

53. Plaintiff repeats and re-alleges each allegation contained in paragraphs I
through 52 of this Complaint as if fully set forth herein.

-954. Plaintiffs federal registered trademarks have become uniquely associated
with and identified with Steak Umm and its steak sandwich and hamburger meat products.
55. Defendant Steak 'Em's use in commerce of
the trademark "steak 'em up"
and/or "steak ur up" in connection with its restaurant services including the sale of steak
sandwiches, and hamburgers constitutes a false designation of origin and a false description in representation, which falsely suggests and indicates that the Steak 'Em sandwich and hamburger
products originated from, or are affiliated with, or are endorsed, or are supplied by Steak Umm.
56. Steak 'Em's use in commerce of
the trademark "steak 'em up" and/or
"steak ur up" in connection with its restaurant services including the sale of steak sandwiches,
and hamburgers may cause damage to Steak Umm's business reputation, representation, and
goodwil.
57. Steak Umm has no abilty to control the quality of goods and services
provided, advertised, and promoted by defendant Steak 'Em, which wil irreparably har the
reputation and substantial goodwil of plaintiff Steak Umm in its Steak Umm Marks.
58. Steak 'Em's acts constitute unfair competition, false designation of origin
and are a violation of 15 U.S.C. 1125(a).

59. Steak 'Em's acts have caused irreparable damage and injur to Steak
Umm and are likely to continue and cause irreparable injur to plaintiff
unless defendant is
enjoined and restrained by this Cour from fuher use of
the words "steak 'em" and/or "steak
ur" to identify the defendant's restaurant products and services.

-10-
COUNT THREE DILUTION -- ORIGIN
(State and Federal Law)

60. Plaintiff repeats and re-alleges each allegation contained in paragraphs 1
through 59 of
this Complaint as if
fully set forth herein.
61. Plaintiffs Steak Umm Marks are famous within the United States and
within the Commonwealth of Pennsylvania.

62. Defendant's prior and threatened continued use of
the Infringing Marks
causes injur to the goodwill and business reputation of Steak Umm, and impairs and diminishes
the value of
plaintiffs Steak Umm Marks that the public associates with the plaintiffs goods and
brand.
63. Defendant's intentional conduct has directly injured and diluted, and
continues to injure and dilute the distinctive quality of the Steak Umm Marks in violation of 54
Pa.Cons.Stat. 1124.
64. Defendant's conduct has caused and wil continue to cause irreparable
har and damage to Steak Umm if defendant is not preliminarly and permanently enjoined from
such improper conduct by the Cour.

65. Without such an injunction against defendant's wrongful conduct, Steak
Umm has no adequate remedy at law.
Case 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 11 of 51 -11-
PRAYER FOR RELIEF

WHEREFORE, plaintiff, Steak Umm demands judgment in its favor and against
defendant as follows:
A. For judgment that plaintiffs Steak Umm trademarks have been infringed by
defendant.
B. For judgment that the acts of defendant constitute unair competition.

C. For judgment that the acts of defendant constitute false designation of origin.
D. For an accounting of defendant's profits and an assessment of
plaintiff's damages
to compensate plaintiff
for the infrngement, unfair competition and/or false designation of origin
by defendant.
E. For preliminar and permanent injunctive relief against defendant, its officers,
agents, servants, employees, attorneys, successors, assigns and all other persons in active concert
or paricipation with any of them, (i) from any use of
"Steak Umm" "Steak 'Em" "Steak 'Em
Up" "Steak Urn Up" or other marks confusingly similar to plaintifts registered trademarks in
connection with any of defendant's restaurant products or services, (ii) from infringement of
plaintifts U.S. Registration Nos. 1,033,176; 1,116,446; and 2,375,933, (iii) from infringement of
plaintiffs common law trademark rights, (iv) from unfairly competing with plaintiff, and (v)
from engaging in deceptive trade practices.
F. For an Order that defendant immediately recall all advertisements, promotional
materials, and destroy any remaining inventory of such infrnging advertisements, all at
defendant's cost and expense.
G. For an assessment of
treble damages against defendant due to the deliberate,

its infringement of the trademarks of
wilful and knowing nature of
Steak Umm.

-12-
H. For an award to plaintiff of its reasonable attorneys' fees incured in bringing and
litigating this matter.
L For an award to plaintiff of its costs in this action plus interest on all monetar
damages awarded.
1. For such other and fuher relief as this Cour deems just and fair.
Respectfully submitted,
Dated: June 25, 2009
Kevin W. Goldstein (PA LD. No. 61385) Katie M. Gaughan (PA J.D. No. 91351) Stradley, Ronon, Stevens & Young, LLP 30 Valley Stream Parkway Malvern, PA 19355 (610) 640-5800 kgoldstein~stradley .com
kgaughan~stradley .com
_r~~~
Attorneys for Plaintiff The Steak Umm Company, LLC
B # 960341
EXHIBIT A
Trademark Electronic Search System (TESS) Page Case 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 14 of 51 1 of2
United States Patent and Trademark Offce

Home I Site Index I Search I FAQ I Glossary I Guides I Contacts I eBusiness I eBiz alerts I News
I Help
Trademarks;: Trademark Electronic Search System (TESS)
-----~-------TESS was last updated on Thu Jun 11 04:01 :28 EDT 2009
I Logout I Please logout when you are done to release system resources allocated for you.
"-Start I List At: '
: OR I Jump
to record: ' '
Record 11 out of 11
( Use the "Back" button of the Internet
TARR Status
ASSIGll Status
TT AB Status
Browser to return to TESS)

Typed Drawing
Word Mark Goods and
Services
Mark Drawing
STEAK-UMM IC 029. US 046. G & S: MEAT PRODUCTS-NAMELY, STEAK. FIRST USE: 19750228. FIRST USE IN COMMERCE: 19750228
(1) TYPED DRAWING
Code
Serial Number
Filng Date Current Filng Basis

Original Filing
73058021 July 17,1975

1A
Basis Registration 1033176 Number Registration Date February 10,1976 Owner (REGISTRANT) GAGLIARDI BROS., INC. CORPORATION PENNSYLVANIA 700 N. FIVE
POINT ROAD WEST CHESTER PENNSYLVANIA 19380
1A
(LAST LISTED OWNER) STEAK-UMM COMPANY, LLC, THE L TD L1AB CO DELAWARE 520 CARROLL STREET READING PENNSYLVANIA 19611
Assignment Recorded
Attorney of
ASSIGNMENT RECORDED
Kevin W. Goldstein
TRADEMARK PRINCIPAL SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20070507. 2ND RENEWAL 20070507
Record
Type of Mark
Register
Affidavit Text Renewal Live/Dead
http://tess2.uspto.gov/binlshowfeld?f=doc&state=4006 :hkcm98.2. I 1
6/11/2009
Page Trademark Electronic Search System (TESS) Case 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 15 of 51 2 of2
-----~-------Indicator LIVE
I.HOME I SITE INDEX
I SEARCH I eBUSINESS I HELP I PRIVACY POLICY
http://tess2.uspto.gov/bin/showfeld?f=doc&state=4006:hkcm9 8.2.11
6/11/2009
EXHIBIT B
Page Case 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 17 of 51 1 of2 Trademark Electronic Search System (TESS)
United States Patent and Trademark Office

Home I Site Index I Search I FAQ I Glossary I Guidesl Contacts I eBusinessl eBiz alerts I News
I Help
-----~-------TESS was last updated on Thu Jun 1104:01:28 EDT 2009
Lo~out I Please logout when you are done to release system resources allocated for you.
OR I Jump I to record: .
I Start I List At: .
Record 7 out of 11
TARR Status
ASSIGll Status
Typed Drawing
Word Mark
Goods and
STEAK-UMM IC 030. US 046. G & S: ROLLS. FIRST USE: 19770124. FIRST USE IN COMMERCE:
Services
Mark Drawing
19770124
(1) TYPED DRAWING
Code
Serial Number
73164926
April 3, 1978
Filing Date
Current Filng 1A Basis Original Filng 1A Basis Registration 1116446 Number Registration Date April 10, 1979 Owner (REGISTRANT) GAGLIARDI BROS., INC. CORPORATION PENNSYLVANIA 700 N. FIVE
POINT ROAD WEST CHESTER PENNSYLVANIA 19380
(LAST LISTED OWNER) The Steak-Umm Company, LLC LIMITED LIABILITY COMPANY DELAWARE 520 Carroll Street Reading PENNSYLVANIA 19601
Assignment Recorded
Attorney
ASSIGNMENT RECORDED
Kevin W. Goldstein
of Record Prior Registrations
1033176
TRADEMARK PRINCIPAL SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20080925.
Type of Mark
Register
Affidavit Text
http://tess2 . uspto.govlbinlshowfeld ?f=doc&state=4006 :hkcm98.3. 7
6/11/2009
Page Case 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 18 of 51 2 of2 Trademark Electronic Search System (TESS)
-----~.._-----LIVE
I.HOME I SITE INDEX
Renewal LivelDead Indicator
2ND RENEWAL 20080925
I SEARCH i eBUSINESS I HELP I PRIVACY POLICY
htt://tess2. iiSptO.gov Ibin/showfeld ?f=doc&state=4006 :hkcm98.3. 7
6/11/2009
EXHIBIT C
United States Patent and Trademark Office

Home I Site Index I Search I FAQ I Glossary I Guides I Contacts
I eBusiness I eBiz alerts I Newsl Help
ii_____miii____ ----TESS was last updated on Thu Jun 1104:01:28 EDT 2009
I Logout I Please logout when you are done to release system resources allocated for you.
I Start I List At: .
OR I Jump I to record: '
. Record 6 out of 11
( Use the "Back" button of the Internet
TARR Status
ASSIGll Status
nAB Status
Browser to return to TESS)

Typed Drawing
Word Mark Goods and
Services
Mark Drawing
STEAK-UMM IC 029. US 046. G & S: frozen foods, namely, sandwich kits consisting primarily of meat and also containing one or more of the following items - vegetables, cheese, tomato sauce, other sauces, and other sandwich ingredients sold as a unit. FIRST USE: 19980829. FIRST USE IN
COMMERCE: 19980829
Code
Serial Number
Filng Date
(1) TYPED DRAWING
75521528 July 20, 1998

1A
Current Filng Basis Original Filng Basis Published for Opposition Registration Number Registration
Date Owner
18
June 1,1999
2375933
August 8, 2000
(REGISTRANT) Steak-Umm Company, LLC, The L TD LIAS CO DELAWARE 520 CARROLL STREET READING PENNSYLVANIA 19611
Assignment Recorded
Attorney of
ASSIGNMENT RECORDED
Kevin W. Goldstein
Record Prior Registrations

Type of Mark
1033176;1116446;AND OTHERS
TRADEMARK
htt://tess2. uspto.gov/binlshowfield ?f=doc&state=4006 :hkcm98.4. 6
6/11/2009
Register
Affidavit Text Live/Dead Indicator
PRINCIPAL SECT 15. SECT 8 (6-YR).

LIVE
-----~-------I.HOME I SITE INDEXI SEARCH I eBUSINESS I HELP I PRIVACY POLICY
http://tess2.uspto.gov/bin/showfeld?f=doc&state=4006 :hkcm98 .4.6

i
6/1112009
EXHIBIT D
Steak'em Up
htt://www.steakemup.com/ Case 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 23 of 51
I'laicCOlJme.n:ial Autoplav. ON
~ ~,~~e~~'~~r~E
y
HOME
y
MENU
y
HISTORY
y
LOCATIO N
y
PHOTOS
,~ '" ~
:(~~ "~\~~~i
9_~
. WE
81l ..i.qn
Copyright ~ Sleak'Em Up
. WELCOME hJ OLL' ",'cLic~itG:

Best food in phiy. Check out our huge menu! fik.h.eIe to let us
know what you thnk.
OPEN 7 DAYS
DELIV
.',. :.:~ ;
ZI.5a467ai2llOO
:.~.~'.l'''.' ~.=".i"'~'l&';'""~~:-.r,,,'';,''::.:'~'''',,~;.,-''''''_~'_..,'_..~.' ..,-'...+.'o."V,.."i~,.::.-. h ~. ," .....\..:~. :
. BUSINESS r:e..vs 8.. ':'".isnt';i

February 26, 2009 lsoJ9.DS on,tIP~Q!l n .s.tey~bQW .!!.3lMJ
11TH & SHUNK ~,;~... -:.",' .'::.;:.' '..: : .....:...,:..:::.. :'.. ._,.. .:...~. ,~.__~.;_,..);J! ....; ,V~.'. ,...', ..'~ or.... ", ,'.:;' r....r ,'.,;":
L1
OUR STRATEGY
i Here at Steak 'Em-Up we stre to put out the best
January 13, 2009

l:ey_!~ QutJ!LI;S1ixerjal QumgJIy.ei:_ary-S.!.e-i .wm~sJ
product around. From our moutwatemg steaks,
hoagies and pizza to our Breyers ice cram

sundaes. If you're not happy then we're not
happ.
:'.-I'~ r:~ r., ~ ....':..
.)g,-.
OUR QUALITY
. Our qually of food 5 to notch. Remember one
t Stak 'Em-Up we do v.t we
i thii, you get v.at you pay for. So f you want
chep food then you are gong to have to ord
do bet. That's put out the best
i fr somevere else. If you want the best n

. South Phi then we are your plcel
cod ii the cly at a reasoable prie.
Home I Menu I Hisory I Loatin I Photos I Contact
1 of 1
6/11/2009 11:5 AM
EXHIBIT E
Case "steak ui up" - Google Search
5:09-cv-02857-LS Documenthtt://www .google.corrsearch?h1=en&cIientrefox-a&rls=org.mozi I I... 1 Filed 06/25/09 Page 25 of 51
Web ImaQes Video Maps News ShoppinQ Gmail more T
.....
wilrnarnac~gmaii.com I Web History I My Account I SiQn out
um Google "stk
up"
1;. Se~ch -- hlvanced Search

L,~.__.--.__...... Preferences
Web Show options...
Results 1 - 10 of about 202 for "steak urn !!". (0.34 seconds)
Steak Urn Up - Philadelphia. Pennsvlvania CPA) I Company Profile .,, 1i~- Jun 11
Steak Urn Up company profile in Philadelphia, PA. Our free company profile report for Steak Urn Up includes business information such as contact, ... ww.manta.comicoms2/dnbcompanyjvfjvm - Cached - Similar -' ~:.,
Steak Urn UP. Philadelphia, PA 19148 I MenuPix Philadelphia ')l w~.
Steak Urn Up - View the menu for Steak Urn Up as well as maps, restaurant reviews for Steak Urn Up and other restaurants in Philadelphia, PA and Philadelphia. ww.menupix.comiphiladelphialrestaurants/3822826/Steak-Urn-Up-PhiladeIphia-P A Cached - Similar - .
Steak UM Up I Food Delivery I GrubHub.com ',:j 1.fl?1

View menus, reviws, and coupons for Steak UM Up in Central South Philly in Philadelphia.
Order delivery online or by phone from GrubHub.com.

www.grubhub.com/phily/steak-urn-up/ - Cached - Similar - .,,~',
Steak Urn Up - Philadelphia. PA. 19148 - Citvsearch ",: lirxl

Apr 1. 2009 ... Steak Urn Up in Philadelphia. Come to Citysearch: to get information, directions, and reviews on Steak Urn Up and other Restaurants in ... philadelphia. citysearch. comiprofile/43691668/philadelphia -palsteak_ urn _up. html Cached - Similar - ' ,;
Steak Urn UP. Philadelphia. PA : Reviews and maps - Yahoo! Local 'it 1-:j)(
Steak Urn Up, Philadelphia, PA: Reviews and maps - Yahoo! Local, 215.467.2100. Get
Ratings, Reviews, Photos and more on Yahoo! LocaL.
locaL. yahoo. comiinfo-31 000627 -steak-urn-up-philadelphia - Cached - Similar - ,:';
Steak Urn UP I Steakhouse. Restaurant I Places to Eat in .. 'Ii el-iR

Read reviews and learn more about Steak Urn up and other Restaurant in Philadelphia, Pennsylvania. Travel at Disney Family.com makes vacation planning easy.. family. go.com/travellplaces-to-eat/pennsylvania/philadelphia/poi-313931-steak-um-upl -
:,.t
Cached - Similar - -
Steak Urn UP. Philadelphia. PA - Steak Urn UP. restaurants - Steak ... ';,l (1iK
Steak Urn Up, Philadelphia, PA - Use LikeMe to get information about Steak Urn Up, restaurants, and discover Philadelphia, PA businesses and servces that are ...
lof2 6/12/200912:03 PM
"steak ur up" - Google Search Case
htt://www .google.convsearch?hl=en&c1 ient=refox-a&rls=org.mozi i i... 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 26 of 51
www.likeme.netlplaces/steak-um-up-philadelphia - Cached - Similar - ..: .
Steak Urn Up in Atlantic City - S.JerSey, NJ - AOL City Guide ':il -sirg
AOL City Guide has the latest information for Steak Um Up, located in Atlantic City S.Jersey, NJ.
cityguide.aol.com/atlanticcity/business/steak-um-up/v-120741654/- Cached - SimilarSteak Urn Up in Baltimore, MD - AOL City Guide '-i ~1I( AOL City Guide has the latest information for Steak Um Up, located in Baltimore, MD. cityguide. aol.com/baltimore/busiriss/steak-um-up/v-1207 41654I?query=&area= Cached - Similar -' ,'.. More results from citVQuide.aol.com ))
Write a Review for Steak Urn Up, Philadelphia, PA.. it G~Oig.l
PHILADELPHIA Restaurants, Steak Um Up on S 11th St, Philadelphia, near Shunk St W & 11th St S, Hours of operation, photo, . Steak house . PAi philadelphiarestaurant.netlsteak-um-up?ratethisgo=1 - Cached - Similar - ":d'
1 i ~ ~ Q Next
Personalized based on your web history. More details
Add a result - See all mv SearchWiki notes - See all notes for this SearchWiki - Learn more
"steak um up"
r Sea~h"
Search within results - language Tools - Search Helo - Dissatisfied? Helo us imorove - Try Gooale Exoerimental
Gooale Home - Advertisina Proarams - Business Solutions - Privacy - About Gooale
20f2
6/12/200912:03 PM
EXHIBIT F

Where To Find Steak-um
htt://www.steak.comlwhere.htm
Sit' I~.: r-idi, ! mj ,!l?-~ - ,

Steak-umm Burgers and Sliced Steaks are currently available at these stores. Simply click on one of the links to find a store
~ _!' " :, -l.llil _J~i U -~
location near you. We also

recommend calling the store to verify that they currently stock Steak-umm Burgers or Sliced
Steaks.
A&P Acme
AWl Beit Bros, B~Rile
A&P Acme Adams Afliated Foos
Bi M ~ Bigg's Bilo Byer1y's

Camella Chanatrys Comet County Market
~G Man-e New England
Dierbergs Donelan's Drug Mart Eagle Farm Fresh
Arold Bole's Associd Slores

Avanza AWl AWG ~ Bigg's BiLo
AG South A1bertsons
Farmer Foos Foo King Foo Lion Foodland Foomaster Fei
Bover's Brookshire's Bruno's ~

Carnival Foods Cash Wise Cobern's Cooke's Copps Cub D'Agastinos Dave's Demolas Dlerbergs Dilon's Dominick's Econofoods
Family Thri Cenler Farm Fresh
Fresh Pride ~ Geissler's Giat Binghaton Giant Foo

Giant PA Gorett's Grand lJeat Valu Haggen Hannaford Harris Teeter Heinen's IGA Iriles IRG Jewel Jubilee Kina Kullen Klein's Kmar lowes lunds Marc's Mars P&C Pathmark
Foo Giant Foo Lion
Foodlad Fooown-ier f!
Genuardi's Giant Eagle Giant Food
- PrieM Price Chopper Quality Rednes

Remke's Riverside Roche Bros,
Groce;t Haford Harris Teeter

H-E-B Heinen's Hoeland IGA Ingles Jewel Jain Foos Karns Kev Foo Kinii Kullen Kinii Soopers Kings Klein's Kroger
Giant PA Goub Grand Union
Scott's Sentr Shaw's

Shop n Baa Shop'n Save Shoppers
ShopRite Shurfne Southvi

Stop & Shop SuperFresh
Super Kmart Super One SuperValu
Laurel Groery Lowes Lunds Marc's Mars Martn's Mi Montain Olean P&C Pathma-rn Traffc Pick'n Save
Sweetbay ~ Trucchi's
Ukrop's Wakefern Weis Wino-Dixie Woodman's
Pi~1y Prairie Markel Publix
QFC Quality Rainbow Raley's Ralph's

Randalls Red Apple RMG Roche Bros. Safeway Save Mart Schnucks Scolari's Scolt's
Sentry Sha's Shop n Bag Shop'n Save Shoppers
ShopRite Smith's Sobey's (Ontari) Son's Foos Spartan

Stater Bros. Stop & Shop Sun Mart SuperFresh Super Kmart
Super One SuperValu
Super Target Sweelbay
Thrifay Tom Thumb ~

Trucchi's Tusco Ukrop's Vons
W Lee Flowers Wakefern

Waldbaum's WalMart Weis WinCo
Winn-Dixie WOodi'S-
lofl
6/24/2009 3:05 PM
EXHIBIT G
Case Steak'em Up - Menu - Specials
htt://www.steakemup.comlmenu 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 30 of 51
~ ... t;:stc t;10 diffc;n:'n::'~ STEAK'EM UP ~~
Play" CQmroe(clal
y
HOME
..
MENU
.. .
HISTORY
y
LOCATION
..
PHOTOS
TASTE THE DIFFERENCE
SPECIALS
2 Large Pizzas, One with Free Topping
Free topping does not include steak, chicken, egg plant, meatball, ncott
Plus tax & Del-ery
$12.99
3 Cheese Steaks or 3 Mixed Hoagies

Ham, turkey, Italian, tuna (pickles, peppers, cheee all exra)
$13.99
Plu tax & Del-ery
BREAKFAST. LUNCH. DINNER. ICE CREAM
Sam - i1pm
We also deliver Groceries & Lunchmeat, Daily
Hot Soup (Winter months only) OPEN Monday through Sunday
..
Please select a cat~g9iy..

ii'i~~.~ ___.~:_~___,_u_~_:.! __~i_~~_
Pries are subject to change wtout notte.
ll~
-n8~"Bc.1I ..
Home I Menu I Hisory I Locatin i Photos I Contact
Copyright (! 2008 steakemup.com
loft
6/11/2009 i i : i 6 AM
Steak'em Up - Menu - Pizz
htt://www.steakemup.com/rnenu?genre=pizz Case 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 31 of 51
~...;;,~..STEAK'EM- UP .', . r' .. .J- -I' t -....
PIa.y,Commeiiiai'
:, ." ... t..I-:t:. t.l. ~lf.cr"i;II..I_
y
HOME
y
MENU
y
HISTORY
y
LOCATION
y
PHOTOS
PIZZA
PLAN
TOMATO PIE
10"
$4.25
(no cheese)
Provolone, mozzarela wth gari sauce
16"
$7.95 $7.95 $8.95
$4.25
WH
$5.25 $6.25 $6.25 $6.95 $6.75 $6.95 $6.75 $6.75 $6.75 $6.75 $6.75 $6.75
$6.75 $6.75 $6.75
PIZ
RICOTrA PIE
5&ed tomato, Amerian cheese, gari sauce

provolone, mozzareDa, riott wt gari sauce
$10.95 $10.95 $13.95
ROASED PEPPER & PROSCIUlTO

VEGGIE PIE
LOADED
Provolone, mozzareJa, riott, rosted peppers freshli sied proscutto
Brocoi, owes, mushrom, onio, green pepper, tomato

Pepperoni, sausage, owes, mushrom, onion, green pepper
Grid chicken B.B.Q. sauce, mozzareBa
Grid chicken, hot sauce, mozzarela & bleu cheese
$11.95
$12.95 $12.95
B.B.Q. CHICKEN BUFFALO CHICKEN

MEAT LOVERS
$12.95
$11.95 $12.95 $11.95 $12.95
$12.95
Meatba~ sausge, pepperoni
HAWAIIAN
BACON CHEESEBURGER
Ham, piiapple mozzareBa (v.le or red)

Bacon, burger, mozzareDa cheese & gravy
SPINACHIO
CHICKEN CORDON BLEU
Amerin cheese, sked tomato & spinach

Ham, Swis cheese, bleu chese & griled chicken
CHEESE5EAK
CHICKEN CHEESESTEA
Amerin cheese, 16oz. of beef steak & gravy (pizza sau optioaO
Oiicn cheesestak & Amerin cheese
wlo Toppiig ; $1.5, w/Topping = $1.75
$11.95
$12.45
$1.75
PIZ BY TH SLICE
$1.25
TOPPINGS
- 16" whole $1.5 n 16" half $1.00 n 10" whole $1.5 -- 10" half $.75 -
pepperoni, sausage, ham, onions, broccli, mushrooms, olives, green peppers, spinach,
- 16" whole $4.00 -- 16" half $2.00 -- 10" whole $2.00 -- 10" half $1.00 steak, chicken, broccoli rabe, meatball, eggplant,
Pizza
View
Next:-
Home I Menu i Hisory i Locatin i Photos i Contact
Copyright (9 2008 steakemup.com
lof!
6/112009 11: 16 AM
Steakem Up - Menu - Calzones & Inide Outs Case 5:09-cv-02857-LS
htt://www.stealemup.comlmenu? Document 1 Filed 06/25/09 Page 32 of 51 genre=calzones
"~ STEAK'EM UP ~ ... t~l$tC' t~e ;jiffG:rr~I-:=I::
P.JayCoi:mercial
..
HOME
..
MENU
..
HISTORY
..
LOCATION
..
PHOTOS
CALZONES
MOZZELLA &. RICOTTA
STEA OR CHICKEN
$9.95
$12.95 $11.45
PEPPERONI
SAUSAGE
HAM
$11.45
$11.45 $11.45 $11.45 $11.45 $11.45
BROCCOLI
MUSHROOM
SPINACH
GREEN PEPPER &. ONION
INSIDE-OUTS
CHEESE &. SAUCE
$4.25
$4.95
(see piza)
STEAK, CHICKEN, MEATBALL OR RABE
ADDmONAL TOPPINGS
$.75
+:.~
~~~:~ .~.'.___...dJ . V'ew
N~&~
Home I Menu I History I lOcatbn I Photos I Contact
Copyright ~ 2008 steakemup.com
I of I
6/11/200911:17 AM
Steak'em Up - Menu - Hoagies Case
htt://www.steakemup.com/menu?genre=hoagi 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 33 of 51
es
~ ST~e~~~~J!lc
~lay_Qmroercial
..
HOME
..
MENU
..
HISTORY
..
LOCATION
..
PHOTOS
HOAGIES
CHEESE HOAGIE
MIXED CHEESE
PROSCIUTTO Be PROVOLONE
All Hoagies made with Lettce, Tomatoes, & Onions
Your choic: Amerbm, Provobne, or sws
$4.75 $5.25
Amerian, Provolone, Swis
$6.50
(Homemade)
CHICKEN SALA
HAM
$5.45 $4.95 $4.95 $4.75

$5.75
TURKEY
BOLOGNA
ROAST BEEF
CORNED BEEF
GENOA SALAMI
$5.50 $5.50
Made w mayo
TUNA FISH
ITALIAN ADD CHEESE
$5.25 $5.25
$.75
':_li:_1!
Piza
,I yew,
NJ!~_::
Home I Menu I Hisry I Locaoon I Photos I Contct
Copyright (g 2008 steakemup.com
lof!
6/11/2009 11: 17 AM
Case Steak'em Up - Menu - Wraps
htt://www.steakemup.com/menu?genre=wraps 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 34 of 51
~" '.~..'. STEAK'EM UP . '..'~
.Gi&,l.'"
~lay-omrier:ial
.'..,
,,"'
... r.;:~tci" t~C' :jiffcrc~l::~
."
HOME
."
MENU
y
HISTORY
."
LOCATION
y
PHOTOS
WRAPS
TURKE CLUB
TUNA
All Wraps include Coleslaw, Chips, & Pickles
Lettuce, tomato, bacon, mayo

Lettuce, tomato
$5.95 $5.95 $6.95 $6.95 $6.95

$6.95 $6.95
ROAST BEEF
CHICKEN CAESAR
CHICKEN ITALIAN
lettuce, tomato, honey mustard
Romaiie lettce, croutons, sharp, caesar drssiig

\M roasted peppers, rabe, sharp
Grid chlckenwlh Romaiie lettuce, tomatoes, hot sauce & bleu cheese
Grid chicen, ham, Sw5S, bleu cheese
BUFFALO CHICKEN
CORDON BLEU
VEGGIE
. CORNED BEEF SPECIAL
Eggplant, rosted peppers, sharp, brocoi rabe
$6.95
Colelaw, 1000 islands dressing
$6.95
$6.75 $7.25
CHEE5ESTEAK
CHICKE CHEEE5TEAK
CHICKEN SALAD
RANCHO
(Homemade) Lettce, tomato

Grid chicen, bacon, lee, tomato & ranch dressing
$5.95
$6.95 $6.75
CHEESEBURGER WRAP
(2 burgers) wl lettce & tomato
,,;, Prey
Pizza
V'ew
N_eX1~
Home I Menu I History ILDcatb I Photos I Cotact
Copyright ~ 2008 steakemup.com
i of!
6/ll2009 11:18 AM
EXHIBIT H
Steak Urn Up - Plladelphia, Case 5:09-cv-02857-LS PA, 19148 - Citysearch
Document 1 Filed 06/25/09 Page 136 of ladel phi htt://pl ladelphia.citysearch.comfprofile/4369 668/pl 51
a -pal ste...
PHILADELPHIA. PA METRO :-
Sign In Using Facebook i Sign In I Sign Up
PHilADELPHIA by \Citysearch
BEST OF CITY
WE'RE ALL NEWI Tell us what you think
HOME RESTAURANTS BARS & CLUBS HOTEL.S SHOPPING SPA & BEAUTY MOVIES EVENTS DIRECTORY & SERVICES
SEARCH
Near Phadelphia, PA
Search What are you looking for?
GO Change CUy or Neighborhood

Advertise Wrth Us
Philadephia. P A Metro' Philadelpia' Resturants' Steak Un Up
(215) 467-2100 2600 S 11th 5t Philadelphia, PA 19148

Get Map & Directins.
t .~ '" W 'i-i 1 review

Read reviews
EXPLORE PHIL.ADELPHIA
NEIGHBORHOODS
. Allegheny West
NEARBY CITIES
. Camden
. Colwyn
. Darby
. Folcroft
Neighbort: Soulh Philadephia.
Wrlle a review
. Bala Cynwyd
. Bella Vistal
Soulh Philadelphia East
Southwark
You might also like...

Meme
2201 Spruce 51
Philadelphia, PA 19103
..
Own this business? .
La updated 4.01.09
Print
Send to Share
Sponsred
T .A. Flannery's ~: -. "i ,.j.~
11 SOU1h 21st St
. Belmont
~ Ek on ticket ge'
,j:\oH'lI wi -...;,
Philadelphia, PA 19103
on'fr we an .CaCl,
View the menu
OVERVIEW
USER REVIEWS(1)
MAP & DIRECTIONS
WHAT PEOPLE ARE SAYING ABOUT STEAK UM UP

USER REVIEWS
Advertisement
L.ISTS IN PHlLADEL.PHIA
Anonymous
December 14, 2007
Steak Em Up is a great business and the employee try to make your food as bet and as clean
Girls Night Out

by Tara Nurin
as they can, You can't just cook steaks on a dirty grill, Especially whe it does get really busy
read full review
See more reviews
Kid-Approved Philadelphia
by Tara Nurin
5 to Try: Summer Drinks

THE DETAILS ON STEAK UM UP
by Tara Nurln
Category: Restaurants
Payment Methods:
Visa, MasterCard
BEST OF CITYSEACH
Best Nightlife
Philaelphia
Cuisine: Steakhouse
J'", ~:'" .' . M.';-' -.'1 II'''.''''''... -:~.ll.
",- -, "", ..6.-'ir' . ~"'.

. '. ~
:: .', ".:~; . :.. :..
6/12/2009 12: 1 1 PM
..,. " .
lof3
Steak Urn Up - Philadelphia, Case 5:09-cv-02857-LS PA, 19148 - Citysearch
Document 1 Filed 06/25/09 Page 37 of 51 htt://phi i adel phia.citysearchcomlprofile/ 43691668/pruladel prua -pa/ste..,
Cheap haircuts. Beefy hamburgers. Sexy bartenders! Discover the best finds in the city.
Best Sport Bar

Best OJtdoor Bar
Best
Best LiI.e I\sic Venue Irish Pub
Best Martni
Best Hotel Bar
view more polls & winners
RECENT REVIEWS IN PHILADELPHIA
Pub & Kitchen :''",,, ,. ""

1946 Lombar S~ Philadelphia, PA
'. La Veranda Ristorante'-", ''.... 3 N Columbus Blvd Pier Three,
. Philadelphia, PA
Chart House Restaurant - .., ~ ~..

555 S Columbus Blvd, Philadelphia, PA
'. AnjouRestaurant ;",,:,:..,;;

, 206-0 Marlet St, Philadelphia, PA
Advertisement
\! Citysearch
MORE PHILADELPHIA NEIGHBORHOODS
Allegheny West
Bala Cynwyd
MORE INFO
Abut Citsearch
TO DO IN PHILADELPHIA
T eni of Use
Help
U,S. Clly Guides
PHILADELPHIA SERVICES
Beauty Salons
Press Center
Privacy Poficy
Restaurants
Bars & Clubs Bars & Pubs
Best or Citysearc
CONTACT
Contact Us
Catering
Heallh & Medical Services
Bella Vistal Southwarl Belmont
Shopping
Nightclubs
Spas
Manicures & Pedicures
Careers
Advertise Wrth Us
Bridesburg
Bustleton
more
Travel
more
Community & Social Services
more
Site Feedback Merchant MyAcount
Citsearch is a registered trdemark of Bluefoot Ventures Inc" and is used under license. c 2009 Citysearch.com. All rights reserved.
200
6/12/200912:11 PM
Steak Urn Up - Pruladelphia, Case 5:09-cv-02857-LS PA, 19148 - Citysearch
Document 1 ladelprua.ci tysearch.conprofi lei38 of 51 I adelprua -lai ste... ht://pru Filed 06/25/09 Page 43691668/pru
mOO9 MapQuest Inc. Map Data ~2009 NAVTEQ or TeleAtlas,

Partner Sites: Evite - Insider Pages - Expedia - Hotels,com - Hotwire - lendingTree - MerchantCircle - Match - Pronto - Urban spoon
3 on
6/12/200912:11 PM
EXHIBIT I
Steak Urn Up, Pluladelplua, Case 5:09-cv-02857-LS Document PA : Reviews and maps - Yahoo! Local
1 Filed 06/25/09 Page 40 of -steak- in up-pluladel plua htt://iocal.yahoo.com/info- 31000627 51
Yahool My Yahoo! Mail More
Make VI My Homepage
H~ Robert
Sign Out Help

WEB SEARCH
Y.AHOOr~ LOCAL
(2 ratings)
Search
Steak Um Up
(215) 467-2100
2600 S 11th SL Philadelphia, PA 19146 I Cro Streets: Near the intersetion of S 11th St and W Shunk St
~I~ ii. f.l 1://1 ....~ll I: ~ .1' ~_~=II: . :l~'D-i'"II.;

f:'. i I ~~ ViHARTCN ,I,:,!,;
io
'-~i r~:::.:--rp.ll"!l ~ : ~ENNSPORT
Share your photos of

Steak Urn Up.
::;;!H~vie~ , ~-r t:::sifdiJf~~ii_u_ .i.

'~LIIL ." i .)N~..'i-"Ve. 11'1"
Ul' ..". . .b..... .ul4tt~~9~inll .
,GiRARD EStfS;X' "'" f1------:
Upload no,
--_17..~'l. '--v./L- ./1I!I: .. l ':Vi~~..__ , /. 611 ,--"- ---:w'I" '. '

Business Overvew Add info
Categories: Restaurants
/r--/ ':1 .' ,----., i ;~~~-_. ,
.,.,~ 9 ~'.:r MAR'-'.f/.
r-. ii!
,!
Kno more details about this business? Click here to share them with your neighbors.
Be the f~st on your block to write a review of this business.
Rate
_~'~-'1Ti.;t:ir;,L~~~ONA
it
Write a Review
Not sure v. to say? Take a look at Oll Revi Guidelnes
befor you bein.

, Remrr these review tips
Write as II you're tellng a friend abo
,.
;
U_"_~~:ris~N! "m,,,.
Ads by Act; Stuent gaine 10 lbs, of muscle by obeyin this one rule. .
Learn more '
. YOl e:irience.
Wrile fairly abo th busines or sece
(dont incke pesonainloron abo

the ..r or eslblishmenl). Do no us profarty
..'.
. ~'.';, '
.'1' ,,:
Do teeh whieners work? You'U : be shoked at what we foundl Learn more
lIi ~~. .,',,~
-'
learn how a stay-aI-home mom:
,"
L__,______
You Might
cur her wrinkles for les than :

$10 Learn more
4000 characters left (Iirrt4000 characters)
About R..ew: Yahool rese""s th right to reus or

, rer.. any reew that do not corr ,
You will be seen as:
, Yoth th Glldeines or the Yahoo! Term or SeNce an lerrnate your Yaiool
Also like
b",~j Robert M
Change Im . Change Name
accout (Incli!ng emlJ) lor a violaton,

Yahoolls no resnsble or iable In any VM for ratings and r..ew posted by its users.
Learn nie abt relew Reoort mlssina information
Reading Terminal Market N 12th St & Arch SI, Philadelphia, PA

Saad's Halal Place 4500 Walnut St, Philadelphia, PA
la Viola
An Update about your revi wil be shared via Yahoo! Updates
Manage who sees your Updates
253 S 16th St, Philadelphia. PA
. , Get comments on your revis by email. Learn More
John's Roast Pork 14 Snyder Ave, Philadelphia, PA
lombardls Speclatties Hogies

1226 W Ritner St, Philadelphia, PA
CATEGORY SPONSORS
Restaurant Menu
ww.Dominos.com - Pizz, Breadsticks, Wings, Drinks & More Now Available. Order Online.
More Serch Options

Search the web for Steak Urn Up in
Italian Restaurants ww.seamlessweb.com-Orderltalianfoodfromlolrestaurantsonline.ll.s fast and easy.

Restaurant Menus
ww.GrubHub.comJPhiladelchla - Browse restaurants that dever. Order online or by phone.
See your message here
Philadelphia City Glide ~ Foo & Dining' Reslaurants ~ All Resurants ~ Steak Um Up
Philadelphia, PA
Reviews of Philadelphia Restaurants on
Yelp,com
lof2
6/12/200912:11 PM
Steak Urn Up, Philadelphia, Case 5:09-cv-02857-LS Document PA : Reviews and maps - Yahoo! Local
1 Filed 06/25/09 Page i41 of 51 htt://local.yahoo.comlinfo- 3 000627-steak-um up-philadelphia
Some busines information pro\ided by !no-l.SA~, Omha, Neras Copyright (120, Some busnes information pro'ded by ',!;i-ie & Pls.o!o(Q!~tCOI1 Copyright (120, All rlghls reserv
Copyright C 200 Yahoo! Inc, AU rights resrw, C9PligbJf' ~o!iy' Er~y P9li,cy I Ie(!l"La-tS-,i(\otc.e I Md(Edit,a, El~SQes I yai:! MaRs, T!lH!lLofUs Il:lp IlIditi,al1 J:eo:.~t~\ce
2of2
6/12/2009 i 2: i i PM
EXHIBIT J
Case 5:09-cv-02857-LS Steak OM Up i Food Delivery I GrubHub.com
Document 1 Filed 06/25/09 htt://www.grubhub.comlphi i Iy/steak-um upl Page 43 of 51
1..QS~,~"~9~1 J
Adl'' Reslaurant : Map
~ DISCOVER WHO DELIVERS
~ GrubHub.com
My MENUDRAWER Qi
There are 119 restaurants delivering near this restaurant
i Enter your street address
i nl 19148
i.
Food Op-llverv iD Phlladel nhla Fond Delivery :t Steak UM Up
ONLY SHOW RESTAURANTS THAT...
L: Are delivering now

r: Allow online orders
i:1 Accept credit cards

i. Have coupons
Serve I Ar Cuisine
U Don't use delivery services (1)
Key Pi & Gri

Pizz, Sandwiches...
215-551-7111
Steak UM Up
215-467-2100
2600 S nth St, Phildelphia, PA
Stea UM Up
Pizza, Sandwiches...
215-467-2100
t
Info Order Online
Reviews
Stdium Pi & Grill

Pizz, Sandwiches...
215-755-5411
Menu
Pizza, Sadwches, Italian, America, Healthy, Saads, Subs ,
Wraps, Ice Cream, Wings, Hamburgers, Hoagies
,-..~'-,-~-,_.. --~~ ,.-..~.~,.-'-- _.~ -~~~.._~. -~.- -'-~'-_, "'._-'-".
~ ,
Criti Pizeria & Resurant

Italian
215-465-7750
.... n______. ,
Raph & Rickey's Pi

Piz, Sandwiches..
Brekfst,
~
r:.""
.;'....1
E
Strboli
Calzii
Pi2,
Appeti
Salads
Plaite
Sandwiehe
IJ
8t.~ ~ l:c "
'"
Hoagies.
215-271-6622
Sandwicles Roger
Milie's Luncheonete
Sandwiches, Brealdast...
.;:; ;; (jr-:.
Exs, Ice
215-467-8553
QQ Chinese Restaurant
-~--"--'-------' .._._----_..__.._~ -_...~_._~.- -._.._.... -_."-_.._-.." ".- .
Asian, Chinese 215-463-1698
(~~)
Crm, Specia
Piza Shack
Pizz, Sandwiches...
Delivery Fee Fre

Delivery Hours
SUN 8:00 am - 11:00 pm MON 8:00 am - 11:00 pm TUE 8:00 am - 11:00 pm WED 8:00 am - 11:00 pm THU 8:00 am - 11:00 pm FRI 8:00 am - 11:00 pm
SA T 8:00 am - 11:00 pm
215-463-3455
Gianfranco Pizza Rustica

Pizz, Sandwiches...
215-551-2300
lof2
6/12/200912:11 PM
Steak UM Up I Food Delivery I GrubHub.com Case 5:09-cv-02857-LS
Document 1 Filed 06/25/09 ht://ww.grbhub.comlphi Ily/steak- ur up/ Page 44 of 51
Golden Szechuan Resturat

Asian, Chinese... 215-336-5310
Taqueri La Esperana 1,IYOrk I Philadel phia I

Mexican
,u-",Chicago I San Francisco I Boston I Washington DC '1 I New
I bOr
.J I Gift Cards I Tell a Friend
About ~Sd I Bloa! I ~~n~act I ll--I-~re~ I L~~al & priva~ I care~r: I Advertise I Green
-~ekgw~~_~~-551_51~~__'-'--1
Asian, Chinese
215-339-8300
i
Is-A-bella Piza
Pizz, Sandwiches...
215-551-1212
Mal'ra's
Starts Delivery 4:00 PM - 11:30 PM Ceebre Piera

Pizza, Sandwiches
215-467-3255
Orenta Chinese Restaurant

Asian, Chines...
215-463-9222
Barel's Fie Food

Sandwiches, American... 215-389-6010
El Zarape
Mexican 215-336-1293
J C Chinese Retaurant
Asian, Chinese... 215-334-1056
Mr Wong's Chinese Restaurat

Asian, Chinese...
i i
215-339-8004
'4 PREY 20
81-100 of 119 MOO 10"
20f2
6/12/200912:1 I PM
EXHIBIT K
Steak Ur up I Steakhouse, Restaurant I Places to Eat in Philadelphia, Penn... Case 5:09-cv-02857-LS Documenthtt://family.go.comltravellplaces-to-eatlpennylvania/phi ladelphia/poi _... 1 Filed 06/25/09 Page 46 of 51
,!ll ,illl
~~I;!~~~j0i~;.
".' -i ;:1.. ! .1.. t::(: Iili: 0 r&. m fZ'~ !:i:ii,i.i
IUI) _ T~;;XII;J. I
I:.! -i i
please login
Disney Family.com Home food parenting travel games coupons community video
Login Reiste
Search:
Family Vacations
Travel Deals
Travel Tips
Video
Family Travelers
My Wishlist
Family.com Family Tra'l Family Vacatons Pennslvia Philadelphia Vacation Pla to Eai Stek Um l.
Se to a Frien I Boork
Steak Urn up
Se Philadelphia, Pennsylvnia family vaation
.:..~ni!:~mi!nr
Steak Urn up
South Philly
Goo-for-Kids Rating
. Sleakhouse
. Restauranl
Ba
26005 11th 51 Philadelphia, PA 19146
Toder & Pre-K
SchooAg Kid
Pre-Tees & Tees
215-47-2100
Raie It i Add yOU Reew
What's Nearby?
1 Caring People Alliance Fels . Rereaon Cente
2 Philadelphia Phlliles
. Staum
3 . Sladium Philles
i of2
6/12/2009 12: 12 PM
Case I Places to Eat in Philadelphia, Penn... Steak Urn up I Steakouse, Restauran 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 47 of 51 htt://fam Iy.go.comitravel/places- to-eatlpennylvania/philadelphia/poi-...
20f2
6/12/2009 12: 12 PM
EXHIBIT L
Case 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 49 -~./.. ,Zf. - q-;:): l~ of 51
I~ATTORNEYS AT LAW
.RONON
Kevin W. Goldstein
K Goldstein(itradley .com
6 i 0-640-58 I 0
STRDLEY
Strey Ronan Steven & Youg, LLP
Grear Valey Corprate Center

30 Valey Strea Parkway
Malvern, PA 19355-1481
Telephone (610) 640-580

Fa (610) 640-1965
ww.sirdley.com
June 11, 2009
Via email
and Federal Express

Mr. Michael Lane President Steak Um Up Steak Em Up 2600 South 11 th Street Philadelphia, PA 19148
Re: The Steak Umm Company, LLC Intellectual Propert Rights; Registered U.S. Trademarks STEAK-UMMiI
Dear Mr. Lane:
We have been retaned by The Steak Umm Company, LLC ("Steak Umm") to advise Steak Umm's various intellectual property rights, and to more specifically advise you of your company's violation of those Steak Umm rights.
you of
Steak Umm owns and extensively uses several federal registered trademarks for the mark STEAK-UMMiI (U.S. Registration Nos. 1,033,176; 1,116,446; and 2,375,933) (the "Steak Umm Marks") each used as part of the Steak Umm business operations. More paricularly, the Steak Umm Marks have been used in connection with the commercialization
of Steak Umm' s steak products, sandwich steak products, and sandwich rolls since at least
1975. You surely know of these facts based upon your vantage point as operating a food business in the Philadelphia, Pennsylvania region.
Indeed, the STEAK UMMiI marks and brand have been used extensively in the Philadelphia region, and indeed thoughout the entire United States, for the sale of steak products and sandwich steak products for at least 30 years. As par of such use, Steak Umm
Philadelphia, PA Harriburg, PA Mavern, PA Cherry Hil, NJ Trenton, NJ Wilmington, DE . Washington, DC
..
A I'lvu. UIl Libilty PartenbJp
ii MERITAS LAW FIRMS WORLDWIDE

Mr. Michael Lane June i i, 2009
Page 2
has invested a considerable amount of time and money towards the publicity and the marketing
of its brand, its marks, and its company name, all towards the creation and building of the goodwil associated with the Steak Umm Marks and STEAK UMM~ products. Through such use, marketing and publicity, the Steak Umm Marks are well-known, are unquestionably famous, and have achieved a level of distinction and fame, especially in the Philadelphia region, reserved for very few brands and trademarks.
the great effort which has been made by our client in building its nghts in the Steak Umm Marks and the relating branding, along with the substantial goodwill and value associated with this intellectual property, the STEAK UMMQD trademarks and name have become an important and valued asset of Steak Umm. Steak Umm zealously guards those intellectual property nghts, including the trademark rights, against encroachment, infingement, improper usage, and unfair competition.
In view of We, and our client, have noted your and your company's use of the marks and names "STEAK UM UP" and "STEAK EM UP" as a restaurant name and mark for serving, among other products, steak sandwich products. These names are without doubt confusingly similar to these marks are a direct infingement of the Steak Umm Marks. This misuse by you of our client's intellectul property is actionable at least as trademark infringement, and false designation of affliation or sponsorship under federal law. the Steak Umm Marks. As such, the use of Furer, given the famous nature of
the STEAK UMMQD marks, federal and state dilution
claims are also at issue. If such findings of trademark infringement are found to have been undertaken intentionally by you and your company, such a finding could result in treble damages and attorneys' fees being assessed against you based upon ajudicial enforcement of
these claims.
On behalf of our client, we advise that you and your company must take immediate steps to discontinue use of any and all improper advertising and references using any names, marks or brands which are confusingly similar to the Steak Umm Marks. Such improper use includes, without limitation, any use of the "STEAK UM UP" and "STEAK EM UP" names and marks in any written, electronic, or verbal media, including any websites, any radio and television commercials and advertsing, and any and all menus, brochures, and flyers.
You must contact the undersigned before 12:00 noon on Friday. June 12,2009 to
the issues raised in this letter, and to provide us with written assurance that you have taken immediate steps to comply fully with the above demands. If do not contact us by 12:00 noon on Friday. June 12.2009, we will
acknowledge receipt of this letter and your understanding of
advise our client to undertake any and all alternative means to protect its famous intellectual property rights.

Mr. Michael Lane June i i, 2009
Page 3
We strongly recommend that you immediately provide a copy of counsel to advise you accordingly about the implications and risks of
this letter to your legal
your and your company's
infringing conduct.
KWG/je
cc: The Steak Umm Company, LLC

Complaint Steak-Umm V Steak 'Em Up

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Complaint Steak-Umm V Steak 'Em Up

Uploaded by

Copyright:

Available Formats

Case 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 1 of 51

CIVIL ACTION NO.

STEAK 'EM UP, INC.,

Trial By Jur Demanded

Philadelphia, Pennsylvania 19148

NATURE OF THE ACTION

the United States, namely,

Case 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 2 of 51

the Steak Umm frozen food sandwich products

the Steak Umm Marks.

Pennsylvania, having a principal place of

business at 2600 South 11 th Street, Philadelphia, Pennsylvania.

JURISDICTION AND VENUE

this action pursuant

the United States; and

Case 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 3 of 51

Pennsylvania is proper under 28

PLAINTIFF'S STEAK UMM TRADEMARKS

United States Registration Nos. 1,033,176;

1,116,446; and 2,375,933, for the marks STEAK-UMM(l.

company goodwil since at least as early as Februar 1975.

Case 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 4 of 51

its website (ww.steakumm.com).

level of success in the marketing and commercialization of its meat

associated with the Steak Umm food products.

Case 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 5 of 51

and indeed, throughout the world.

the 50 United States, and in more than 100 stores

throughout the United States. See Exhibit F.

DEFENDANT'S INFRINGING CONDUCT

the Steak 'Em restaurant menu, showing sale of steak

the Infringing Marks, including without limitation,

Case 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 6 of 51

the Internet search engine "hits" show specific advertising by

36. The confsion of

trademarks and names is apparent because defendant's

Steak 'Em Up restaurant is located at 2600 South 11th Street, Philadelphia.

attached hereto as Exhbit L.

infringing "steak 'em" and "steak ur" marks.

Case 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 7 of 51

letter, defendant Steak 'Em has continued

initial discussions between the paries, defendant Steak 'Em has

only proposed to refrain from radio advertising of its infinging name.

the Steak Umm Marks is likely to

cause confusion, mistake, or deception of purchasers as to the affiliation, connection, association,

Steak 'Em's goods, services, or commercial activities.

43. Purchasers are likely to purchase defendant's goods commercialized under

advertised or sold in association with the infrnging "steak 'em" marks.

conduct by defendant Steak 'Em is knowing, wilful and deliberate.

Steak 'Em has been

designed to take advantage of

Case 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 8 of 51

repeats and re-alleges each allegation contained in paragraphs 1

through 47 of this Complaint as if fully set forth herein.

"steak 'em up" or "steak 'em" or "steak ur

and substantial goodwil.

the words "steak 'em" to

identify its restaurant services including the sale of steak sandwiches.

COUNT TWO UNFAIR COMPETITION / FALSE DESIGNATION OF ORIGIN (Federal Law)

through 52 of this Complaint as if fully set forth herein.

Case 5:09-cv-02857-LS Document 1 Filed 06/25/09 Page 9 of 51

the trademark "steak 'em up"