ESTTA Tracking number:
`
`Filing date:
`
`ESTTA1428752
`04/15/2025
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Proceeding no.
`
`92087627
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`Plaintiff
`Tahini, LLC,
`
`STEVEN E KLEIN
`DAVIS WRIGHT TREMAINE LLP
`560 SW 10TH AVENUE SUITE 700
`PORTLAND, OR 97205
`UNITED STATES
`Primary email: stevenklein@dwt.com
`Secondary email(s): sheilafoxmorrison@dwt.com, pdxtrademarks@dwt.com,
`pdxtmenforcement@dwt.com
`503-241-2300
`
`Motion to Amend Pleading/Amended Pleading
`
`Steven E. Klein
`
`stevenklein@dwt.com, sheilafoxmorrison@dwt.com, pdxtrademarks@dwt.com,
`pdxtmenforcement@dwt.com
`
`/s Steven E. Klein/
`
`04/15/2025
`
`First Amended Petition for Cancellation.pdf(115932 bytes )
`Exs 01-10.pdf(2508408 bytes )
`Exs 11-15.pdf(5336253 bytes )
`Exs 16-23.pdf(3972113 bytes )
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`In the matter of Trademark Registration No. 7,292,855
`For the mark: TAHINI’S
`Registered: January 30, 2024
`
`TAHINI, LLC, a California limited liability
`company,
`
`Cancellation No. 92087627
`
`Petitioner,
`
`v.
`
`TAHINIS LTD., a Canadian corporation,
`
`Respondent.
`
`FIRST AMENDED PETITION FOR CANCELLATION
`
`Tahini, LLC, a California limited liability company having a place of business at 9119
`
`Clairemont Mesa Blvd., Suite H, San Diego, California 92123 (hereinafter “Petitioner”), believes
`
`that it will be damaged by the continued registration of the mark TAHINI’S shown in
`
`Registration No. 7,292,855 (the “Registration”), and hereby petitions for its cancellation.
`
`As the grounds for cancellation, Petitioner alleges as follows:
`
`1.
`
`Upon or information and belief, Tahinis Ltd. is a Canadian corporation an address
`
`of 551 Richmond Street, London, Ontario Canada N6A3E9 (hereinafter “Respondent”).
`
`2.
`
`Upon or information and belief, Respondent is the listed owner of Trademark
`
`Registration No. 7,292,855, for the mark TAHINI’S (“Respondent’s Mark”) in connection with
`
`“Retail store services featuring food,” in International Class 35; “Delivery of food by
`
`restaurants,” in International Class 39; and “Catering services; Restaurant services; Take-out
`
`restaurant services; Providing information in the fields of restaurant services and restaurant
`
`menus via a website,” in International Class 43 (collectively, “Respondent’s Services”).
`
`FIRST AMENDED PETITION FOR CANCELLATION
`
`1
`
`

`

`3.
`
`Upon information and belief, Respondent’s Registration arose from an
`
`application, Ser. No. 97/419,332, filed May 19, 2022, seeking registration of Petitioner’s Mark
`
`on a Section 44(e) basis, claiming ownership of Canadian Registration No. TMA1123961.
`
`4.
`
`Upon information and belief, Respondent has not, as of April 14, 2025, used
`
`Respondent’s Mark in commerce on or in connection with any, let alone all, of Respondent’s
`
`Services. Rather, as of April 14, 2025, any provision of Respondent’s Services under
`
`Respondent’s Mark has occurred solely in Canada and has been directed solely to consumers in
`
`Canada.
`
`5.
`
`Petitioner is in the business of providing restaurant services; take-out restaurant
`
`services; catering services (“Petitioner’s Services”) in commerce under the TAHINI word mark
`
`and TAHINI AUTHENTIC MIDDLE EASTERN STREET FOOD and design mark
`
`(collectively, “Petitioner’s Marks”).
`
`6.
`
`In or about November 2013, Petitioner’s predecessors in interest, Osama Shabaik
`
`& Mahmoud Barkawi, doing business as Tahini, an unincorporated association (hereinafter,
`
`“Tahini”), first began offering restaurant services under the trademark TAHINI at the San Diego
`
`Weekly Markets on North Park Main Street in San Diego, California.
`
`7.
`
`Attached hereto as Exhibit 1 is a true and correct copy of a Certificate of Liability
`
`Insurance., dated November 27, 2013, issued by SCF Insurance Services, Inc., to Tahini and
`
`naming San Diego Weekly Markets and others as additional insureds.
`
`FIRST AMENDED PETITION FOR CANCELLATION
`
`2
`
`

`

`8.
`
`In or about January 2014, Tahini began offering restaurant services under the
`
`TAHINI mark at a stand located at 3804 Ingraham St. in San Diego, California.
`
`9.
`
`Below and attached hereto as Exhibit 2 is a true and correct copy of a photograph
`
`from the 2014 time period depicting the TAHINI mark displayed on a banner, menu board and t-
`
`shirt worn by Osama Shabaik (standing behind the counter) at the Ingraham St. TAHINI location
`
`as it appeared at that time.
`
`10.
`
`In January and February 2014, Tahini created accounts to promote its TAHINI
`
`branded services, and began promoting those services using the TAHINI mark, on the social
`
`media platforms Instagram (using the EATTAHINI account name @eattahini handle) and
`
`Facebook (using the TAHINI account name and @eattahini handle), as well as a “claimed”
`
`TAHINI restaurant page on the Yelp! customer review platform.
`
`11.
`
`Attached as Exhibit 3 is a true and correct copy of a screen capture of the “About
`
`this account” listing for the publicly accessible EATTAHINI Instagram account at
`
`https://www.instagram.com/eattahini/ showing “January 2014” as the date joined.
`
`12.
`
`Attached as Exhibit 4 is a true and correct copy of a screen capture of the “Page
`
`Transparency listing for the publicly accessible TAHINI Facebook account at
`
`FIRST AMENDED PETITION FOR CANCELLATION
`
`3
`
`

`

`https://www.facebook.com/eattahini/about_profile_transparency showing “February 26, 2014”
`
`as the account “created” date.
`
`13.
`
`Attached as Exhibit 5 is a true and correct copy of a screen capture of the publicly
`
`accessible “claimed” page for the TAHINI Ingraham St. location on the Yelp! platform at
`
`https://www.yelp.com/biz/tahini-san-diego-2?sort_by=date_asc showing posted customer
`
`reviews dated as early as February 14, 2014.
`
`14.
`
`The page for the TAHINI Ingraham St. location on the Yelp! platform also
`
`includes multiple publicly available posts showing photographs corroborating the display of the
`
`TAHINI mark at the location during the 2014 time frame, including
`
`a. an April 3, 2014 post to the page at https://www.yelp.com/biz_photos/
`
`tahini-san-diego-2?select=rklZXgu0B7rPqrcGWHC36Q, a true and correct
`
`screen capture of which is attached as Exhibit 6, showing a photo of the
`
`banner displaying the TAHINI mark at the Ingraham St. TAHINI location as
`
`it appeared at the time;
`
`b. a May 27, 2014 post to the page for the TAHINI Ingraham St. location on the
`
`Yelp! platform at https://www.yelp.com/biz_photos/tahini-san-diego-
`
`2?select=IXCPfiLLpBJI_VUkfKaZ4A, a true and correct screen capture of
`
`which is attached as Exhibit 7, showing a photo of a menu board displaying
`
`the TAHINI mark at the Ingraham St. TAHINI location (as well as the
`
`account handles for the TAHINI accounts on Instagram, Facebook and
`
`Twitter) as it appeared at the time; and
`
`c. a May 27, 2014 post to the page for the TAHINI Ingraham St. location on the
`
`Yelp! platform at https://www.yelp.com/biz_photos/tahini-san-diego-
`
`FIRST AMENDED PETITION FOR CANCELLATION
`
`4
`
`

`

`2?select=US5d2MlnMzgc9mSw364LIw, a true and correct screen capture of
`
`which is attached as Exhibit 8, showing a photo of the TAHINI mark
`
`displayed on t-shirts worn by Shabaik and Barkawi, as they stand in front of
`
`the TAHINI banner at the Ingraham St. TAHINI location with a customer
`
`(San Diego Charger Offensive Tackle, DJ Fluker).
`
`15.
`
`The TAHINI Ingraham St. location met with immediate success, often drawing a
`
`line of customers waiting to order and selling out of menu items on a daily basis.
`
`16.
`
`In late 2014, Tahini paused operation of the TAHINI Ingraham St. location to
`
`focus on raising capital and planning to ensure the continued success and expansion of the
`
`TAHINI brand, including identifying a new location with greater capacity to provide an
`
`expanded menu of offering.
`
`17.
`
`In 2015, Tahini continued efforts to raise capital and scout potential new locations
`
`while also working with a graphic designer to develop a new logo (the “TAHINI Logo”)
`
`prominently featuring the TAHINI Mark in a central position with the wording AUTHENTIC
`
`MIDDLE EASTERN STREET FOOD arranged in a circular formation around TAHINI:
`
`18.
`
`On March 15, 2016, Tahini formed Petitioner and as part of the formation
`
`assigned and/or contributed all rights in the TAHINI concept, including Petitioner’s Marks, to
`
`Petitioner.
`
`FIRST AMENDED PETITION FOR CANCELLATION
`
`5
`
`

`

`19.
`
`On December 20, 2016, Petitioner registered the <tahinistreetfood.com> domain
`
`name for use with an official TAHINI restaurant website.
`
`20.
`
`In December 2016, Petitioner acquired a lease for new restaurant space at 9119
`
`Clairemont Mesa Blvd. in San Diego, CA.
`
`21.
`
`On January 20, 2017, Petitioner publicly posted about the new location on its
`
`Facebook account. Attached as Exhibit 9 are true and correct screen captures of the post.
`
`22.
`
`By no later than April 6, 2017, Petitioner publicly launched a website at
`
`www.tahinistreetfood.com featuring the TAHINI Logo and links to Petitioner’s social media
`
`accounts on Facebook, Instagram and Twitter (now known as X).
`
`23.
`
`On April 6, 2017 and April 15, 2017, Petitioner publicly posted “Coming Soon”
`
`announcements featuring the Petitioner’s Marks and the www.tahinistreetfood.com domain to
`
`Petitioner’s social media accounts. Attached as Exhibit 10 are true and correct copies of the
`
`posts.
`
`24.
`
`Thereafter, Petitioner made additional promotional posts featuring Petitioner’s
`
`Marks to its social media accounts, including an April 26, 2017 post featuring an exterior photo
`
`of the Clairemont Mesa location showing Petitioner’s Marks on installed signage together with
`
`“Coming Soon” displayed above www.tahinistreetfood.com.
`
`FIRST AMENDED PETITION FOR CANCELLATION
`
`6
`
`

`

`Attached as Exhibit 11 are true and correct copies of the April 26, 2017 post to Petitioner’s social
`
`media accounts.
`
`25.
`
`On or about October 8, 2017, Petitioner began serving its first customers at the
`
`Clairemont Mesa TAHINI location. Attached hereto as Exhibit 12 is a true and correct screen
`
`capture of the page for the Clairemont Mesa TAHINI location on the Yelp! customer review
`
`website showing the earliest posted customer reviews starting on October 8, 2017.
`
`26.
`
`On or about October 23, 2017, Petitioner publicly announced a “soft” opening of
`
`the Clairemont Mesa TAHINI location would commence on October 30, 2017, including via
`
`publicly accessible posts to Petitioner’s Facebook and Instagram accounts, true and correct
`
`copies of which are attached as Exhibit 13.
`
`27.
`
`Since at least as early as the October 30, 2017 soft opening of the Clairemont
`
`Mesa TAHINI location, Petitioner has continuously provided Petitioner’s Services under
`
`Petitioner’s Marks in commerce to the public to the present day. Attached hereto as Exhibit 14
`
`are true and correct screen captures of customer posts to the page for the Clairemont Mesa
`
`TAHINI location on the Yelp! customer review website on October 30 and 31, 2017 showing the
`
`FIRST AMENDED PETITION FOR CANCELLATION
`
`7
`
`

`

`prominent display of Petitioner’s Marks on exterior and interior signage, menus and staff
`
`uniforms.
`
`28.
`
`Due to the continuing success and popularity of Petitioner’s Services offered
`
`under Petitioner’s Marks, in October 2022 Petitioner opened a second TAHINI restaurant
`
`location and the campus of the University of California-San Diego and, in March 2025, signed a
`
`lease for a third TAHINI restaurant location in Mission Valley, California.
`
`29.
`
`Petitioner has invested significant time, energy, and resources in the advertising,
`
`promotion, and distribution of Petitioner’s Services under Petitioner’s Marks, including via its
`
`website at www.tahinistreetfood.com and social media accounts on Facebook, Instagram and
`
`Twitter (now known as X). Attached hereto as Exhibits 15 through 18 are true and correct screen
`
`captures of, respectively, the landing pages of Petitioner’s web, and social media accounts on
`
`Facebook, Instagram and X as they appear today.
`
`30.
`
`The success of Petitioner’s marketing and promotional efforts have not gone
`
`unnoticed, and Petitioner benefits from the publicity garnered from unsolicited media coverage
`
`of its goods and services.
`
`31.
`
`Among other things, in January 2019, the Yelp! customer review platform ranked
`
`Petitioner’s TAHINI restaurant as one of “Yelp’s Top 100 Places to Eat in the U.S. 2019.”
`
`Attached hereto as Exhibit 19 is a true and correct screen capture of the January 8, 2019 post to
`
`the Yelp! blog announcing the rankings and listing Petitioner’s TAHIHI restaurant at number 69.
`
`32.
`
`Likewise, on May 31, 2019, Petitioner’s TAHINI restaurant was featured on an
`
`episode, titled “Sausage, Shawarma and Scaloppini,” of The Food Network’s highly-popular
`
`show Diners, Drive-Ins and Dives hosted by celebrity chef Guy Fieri. During the episode, which
`
`features multiple shots of Petitioner’s Marks, Fieri visits Petitioner’s Clairemont Mesa TAHINI
`
`FIRST AMENDED PETITION FOR CANCELLATION
`
`8
`
`

`

`restaurant and speaks with co-founders Shabaik & Mahmoud Barkawi and restaurant customers
`
`about various popular dishes served at the restaurant. On information and belief, the episode has
`
`been rebroadcast multiple times since it first aired and has, since at least 2019, been available for
`
`viewing on one or more popular online streaming platforms.
`
`33.
`
`Attached hereto as Exhibit 20 is a true and correct screen capture of the page for
`
`the episode on The Food Network website.
`
`34.
`
`Attached hereto as Exhibit 21 are true and correct screen captures from the
`
`episode showing, among other things, the prominent display of the TAHINI Mark and TAHINI
`
`Logo.
`
`35.
`
`On information and belief, since on or about May 31, 2019, Petitioner’s TAHINI
`
`restaurants have been a featured listing on The Food Network’s online guide of San Deigo
`
`restaurants. Attached hereto as Exhibit 22 is a true and correct screen capture of the listing page
`
`for Petitioner’s TAHINI restaurants on The Food Network website.
`
`36.
`
`Petitioner’s TAHINI restaurants have also received multiple other accolades,
`
`including Critic’s Pick for Best Healthy Eats in San Deigo’s Magazine’s 2019 Best Restaurants
`
`awards and Critic’s Pick for Best Middle Eastern Restaurant in San Deigo’s Magazine’s 2022
`
`Best Restaurants awards.
`
`37.
`
`Prior to Respondent’s filing date, any priority date or any date of first use upon
`
`which Respondent can rely, and as a result of Petitioner’s longstanding use and promotion of the
`
`Petitioner’s Marks for Petitioner’s Services, the public has come to recognize goods and services
`
`bearing the Petitioner’s Marks as goods and services coming from a single source, namely,
`
`Petitioner.
`
`38.
`
`Petitioner’s Marks are inherently distinctive for Petitioner’s Services.
`
`FIRST AMENDED PETITION FOR CANCELLATION
`
`9
`
`

`

`39.
`
`Alternatively, Petitioner’s Marks have, prior to Respondent’s filing date, any
`
`priority date or any date of first use upon which Respondent can rely, acquired secondary
`
`meaning in the minds of the consuming public for Petitioner’s Services through extensive and
`
`substantially exclusive use and recognition in third party media.
`
`40.
`
`Petitioner’s Marks are commercially strong for Petitioner’s Services.
`
`41.
`
`Petitioner is the owner of valid and subsisting U.S. Trademark Application Serial
`
`No. 99/053,664 for the mark TAHINI in connection with restaurant services; take-out restaurant
`
`services; catering services in International Class 43, filed on February 24, 2025. Attached as
`
`Exhibit 23 is a printout from the U.S. Patent and Trademark Office online TSDR database
`
`detailing the status and Petitioner’s ownership of the foregoing application.
`
`42.
`
`Petitioner will be damaged by the continued registration of the Registration in
`
`connection with Respondent’s Services because such registration would mislead the public about
`
`the legality and proper scope of Respondent’s rights in the Petitioner’s Marks.
`
`43.
`
`As Petitioner’s Marks were first used by Petitioner and, in the alternative,
`
`acquired distinctiveness, for Petitioner’s Services before the filing date for Respondent’s
`
`Registration or, on information and belief, any earlier lawful priority date Respondent can claim
`
`in Respondent’s Mark, Petitioner’s rights in Petitioner’s Marks are senior to Respondent’s rights.
`
`44.
`
`The word TAHINI is the dominant element of Petitioner’s TAHINI word mark
`
`and TAHINI Logo.
`
`45.
`
`Respondent’s Mark incorporates the word TAHINI in its entirety.
`
`46.
`
`Respondent’s Mark is comprised of the word TAHINI paired with an apostrophe
`
`and the letter “S”.
`
`FIRST AMENDED PETITION FOR CANCELLATION
`
`10
`
`

`

`47.
`
`Respondent’s Mark is confusingly similar in appearance, sound, connotation and
`
`commercial impression to Petitioner’s Marks.
`
`48.
`
`Respondent’s Registration claims Petitioner’s Mark in standard characters,
`
`without claim to any particular font, style, size or color; accordingly, Respondent’s Registration
`
`covers Petitioner’s Mark in the identical fonts, styles, sizes and colors as Petitioner uses for its
`
`TAHINI word mark and presentation of TAHINI in the TAHINI Logo.
`
`49.
`
`Respondent’s Services recited in the Registration are identical to, overlapping
`
`with, and/or highly related to Petitioner’s Services.
`
`50.
`
`Respondent’s Services recited in the Registration are unrestricted as to trade
`
`channels and thus are presumed to be marketed, advertised, promoted, and sold through all
`
`normal and ordinary channels of trade for Respondent’s Services, which include the same,
`
`overlapping and/or substantially similar channels of trade through which the Petitioner’s
`
`Services are marketed, advertised, promoted and/or sold.
`
`51.
`
`Respondent’s Services recited in the Registration are unrestricted as to classes of
`
`consumers, and thus are presumed to be marketed, advertised and directed to all normal and
`
`ordinary classes of actual or prospective consumers for Respondent’s Services, which include the
`
`same, overlapping and/or substantially similar classes of actual or prospective consumers for
`
`Petitioner’s Services.
`
`52.
`
`Respondent’s Mark so resembles Petitioner’s Marks for Petitioner’s Services that
`
`when used in association with Respondent’s Services, such use is to likely cause consumer
`
`confusion, or cause mistake, or deceive within the meaning of Section 2(d) of the Lanham Act,
`
`15 U.S.C. § 1052(d).
`
`FIRST AMENDED PETITION FOR CANCELLATION
`
`11
`
`

`

`53.
`
`Petitioner will be damaged by continued registration of the Registration for
`
`Respondent’s Services insofar as Respondent will maintain statutory rights in Respondent’s
`
`Mark in connection with Respondent’s Services in violation and derogation of Petitioner’s prior
`
`and superior rights in Petitioner’s Marks in connection with Petitioner’s Services. Respondent is
`
`not entitled to maintain registration for Respondent’s Services by virtue of Petitioner’s prior
`
`acquisition of exclusive rights and continuous use of Petitioner’s Marks for Petitioner’s Services.
`
`54.
`
`Based on the foregoing, the continued registration of the Respondent’s Mark for
`
`Respondent’s Services is likely to cause injury and damage to Petitioner.
`
`55.
`
`Accordingly, the Registration is subject to cancellation pursuant to 15 U.S.C.
`
`§ 1052(d).
`
`WHEREFORE, Petitioner respectfully requests that registration of the mark TAHINI’S
`
`as shown by U.S. Registration No. 7,292,855 be cancelled and that this Petition for Cancellation
`
`be sustained.
`
`DATE: April 15, 2025
`
`DAVIS WRIGHT TREMAINE LLP
`
`By /s Steven E. Klein/
`Sheila Fox Morrison
`Steven E. Klein
`560 SW 10th Avenue, Suite 700
`Portland, OR 97205
`Tel: (503) 241 2300
`sheilafoxmorrison@dwt.com
`stevenklein@dwt.com
`
`Attorneys for Petitioner
`
`FIRST AMENDED PETITION FOR CANCELLATION
`
`12
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and complete copy of the foregoing FIRST AMENDED
`
`PETITION FOR CANCELLATION has been served via electronic mail, on the 15th day of
`
`April 2025, upon the following:
`
`Christopher Kelly
`Adrienne J. Kosak
`WILEY REIN LLP
`2050 M St., NW
`Washington, DC 20036
`ckelly@wiley.law; akosak@wiley.law
`
`Counsel for Respondent
`
`/s Steven E. Klein/
`Steven E. Klein
`
`
`
`FIRST AMENDED PETITION FOR CANCELLATION
`
`13
`
`

`

`—_
`
`OP ID: MF
`
`CERTIFICATE OF LIABILITY INSURANCE
`THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
`CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
`BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
`REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
`If SUBROGATION IS WAIVED, subject to
`IMPORTANT:
`If the certificate holder is an ADDITIONAL INSURED,the policy(ies} must be endorsed.
`the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
`certificate holder in lieu of such endorsementis).
`PRODUCER
`SCF Insurance Services, Inc.
`License # 0606662
`
`
`Phone: 619-589-0303] names
`
`
`Fax: 619-589-1342) (icNo, Ext:
`(AIS, No}:
`
`ADDRESS:
`
`BUsTOMen ID #, TAHINI1
`Ingrid Van Moppes, CLU
`
`INSURER(S) AFFORDING COVERAGE
`
`INsuRER a: Golden Eagle Insurance Corp
`
`INSURER B:
`
`INSURER C:
`INSURER D:
`INSURERE :
`INSURERF :
`
`INSURED
`
`Tahini
`Osama Shabaik &Mahmoud Barkawi
`4215 Cosira Court
`
`San Diego, CA 92124
`
`REVISION NUMBER:
`CERTIFICATE NUMBER:
`COVERAGES
`THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
`INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
`CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
`
`EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
`
`INSR POLICY EFF|POLICY EXP
`
`
`
`
`LTR MMIDDIYYYY)|(MMIDDIVYYYTYPE OF INSURANCE POLICY NUMBER LIMITS
`
`
`GENERALLIABILITY
`EACH OCCURRENCE
`
`
`X|COMMERCIAL GENERAL LIABILITY 10/12/2013|10/12/2014 | PeeMises (eaoccurance)BLS55746014
`
`
`
`
`CLAIMS-MADE
`Xx OCCUR
`MED EXP (Any one person}
`
`
`PERSONAL & ADV INJURY
`
`GENERAL AGGREGATE
`
`PRODUCTS - COMP/OP AGG
`GEN'L AGGREGATE LIMIT APPLIES PER
`POLICY
`AUTOMOBILE LIABILITY
`
`
`ANY AUTO
`
`
`
`
`
`COMBINED SINGLE LIMIT
`
`(Ea accident)
`
`BODILY INJURY (Per person)
`
`BODILY INJURY (Per accident}
`PROPERTY DAMAGE
`
`(Per accident}
`
`
`ALL OWNED AUTOS
`SCHEDULED ALTOS
`HIRED AUTOS
`NON-OWNED AUTOS
`
`
`
`
`
`OCCUR
`CLAIMS-MADE
`
`EACH OCCURRENCE
`AGGREGATE
`
`
`
`Certificate holder is additional insured per attached endorsement.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`UMBRELLA LIAB
`EXCESS LIAB
`DEDUCTIBLE
`$
`RETENTION
`WORKERS COMPENSATION
`AND EMPLOYERS"LIABILITY
`ANY PROPRIETORIPARTNERJEXECUTIVE
`OFFICER/MEMBER EXCLUDED?
`(Mandatory in NH)
`If yes, describe under
`DESCRIPTION OF OPERATIONS below
`
`
`VE
`
`
`
`WC STATU-
`
`TORY LIMITS
`
`E.L. EACH ACCIDENT
`EL. DISEASE - EA EMPLOYEE
`E.L. DISEASE - POLICY LIMIT
`
`DESCRIPTION OF OPERATIONS / LOCATIONS J VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
`
`CERTIFICATE HOLDER
`
`CANCELLATION
`
`AUTHORIZED REPRESENTATIVE san Diego, CA 92101
`
`:
`San Diego Weekly Markets
`Discover Pacific Beach
`City of San Diego
`434 West CedarSt., Ste. 400
`
`SANDIEG
`
`SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
`THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
`ACCORDANCEWITH THE POLICY PROVISIONS.
`
`.
`mn atthe trcdontihs
`
`ACORD 25 (2009/09)
`
`© 1988-2009 ACORD CORPORATION. All rights reserved.
`The ACORD name andlogo are registered marks of ACORD
`
`FIRST AMENDED PETITION FOR CANCELLATION
`FIRST AMENDED PETITION FOR CANCELLATION
`
`EXHIBIT 1
`EXHIBIT 1
`
`

`

`—_
`
`OP ID: MF
`
`CERTIFICATE OF LIABILITY INSURANCE
`THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
`CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
`BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
`REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
`If SUBROGATION IS WAIVED, subject to
`IMPORTANT:
`If the certificate holder is an ADDITIONAL INSURED,the policy(ies} must be endorsed.
`the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
`certificate holder in lieu of such endorsementis).
`PRODUCER
`SCF Insurance Services, Inc.
`License # 0606662
`
`
`Phone: 619-589-0303] names
`
`
`Fax: 619-589-1342) (icNo, Ext:
`(AIS, No}:
`
`ADDRESS:
`
`BUsTOMen ID #, TAHINI1
`Ingrid Van Moppes, CLU
`
`INSURER(S) AFFORDING COVERAGE
`
`INsuRER a: Golden Eagle Insurance Corp
`
`INSURER B:
`
`INSURER C:
`INSURER D:
`INSURERE :
`INSURERF :
`
`INSURED
`
`Tahini
`Osama Shabaik &Mahmoud Barkawi
`4215 Cosira Court
`
`San Diego, CA 92124
`
`REVISION NUMBER:
`CERTIFICATE NUMBER:
`COVERAGES
`THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
`INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
`CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
`
`EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
`
`INSR POLICY EFF|POLICY EXP
`
`
`
`
`LTR MMIDDIYYYY)|(MMIDDIVYYYTYPE OF INSURANCE POLICY NUMBER LIMITS
`
`
`GENERALLIABILITY
`EACH OCCURRENCE
`
`
`X|COMMERCIAL GENERAL LIABILITY 10/12/2013|10/12/2014 | PeeMises (eaoccurance)BLS55746014
`
`
`
`
`CLAIMS-MADE
`Xx OCCUR
`MED EXP (Any one person}
`
`
`PERSONAL & ADV INJURY
`
`GENERAL AGGREGATE
`
`PRODUCTS - COMP/OP AGG
`GEN'L AGGREGATE LIMIT APPLIES PER
`POLICY
`AUTOMOBILE LIABILITY
`
`
`ANY AUTO
`
`
`
`
`
`COMBINED SINGLE LIMIT
`
`(Ea accident)
`
`BODILY INJURY (Per person)
`
`BODILY INJURY (Per accident}
`PROPERTY DAMAGE
`
`(Per accident}
`
`
`ALL OWNED AUTOS
`SCHEDULED ALTOS
`HIRED AUTOS
`NON-OWNED AUTOS
`
`
`
`
`
`OCCUR
`CLAIMS-MADE
`
`EACH OCCURRENCE
`AGGREGATE
`
`
`
`Certificate holder is additional insured per attached endorsement.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`UMBRELLA LIAB
`EXCESS LIAB
`DEDUCTIBLE
`$
`RETENTION
`WORKERS COMPENSATION
`AND EMPLOYERS"LIABILITY
`ANY PROPRIETORIPARTNERJEXECUTIVE
`OFFICER/MEMBER EXCLUDED?
`(Mandatory in NH)
`If yes, describe under
`DESCRIPTION OF OPERATIONS below
`
`
`VE
`
`
`
`WC STATU-
`
`TORY LIMITS
`
`E.L. EACH ACCIDENT
`EL. DISEASE - EA EMPLOYEE
`E.L. DISEASE - POLICY LIMIT
`
`DESCRIPTION OF OPERATIONS / LOCATIONS J VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
`
`CERTIFICATE HOLDER
`
`CANCELLATION
`
`AUTHORIZED REPRESENTATIVE san Diego, CA 92101
`
`:
`San Diego Weekly Markets
`North Park Main Street
`City of San Diego
`434 West CedarSt., Ste. 400
`
`SANDIEG
`
`SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
`THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
`ACCORDANCEWITH THE POLICY PROVISIONS.
`
`.
`mn atthe trcdontihs
`
`ACORD 25 (2009/09)
`
`© 1988-2009 ACORD CORPORATION. All rights reserved.
`The ACORD name andlogo are registered marks of ACORD
`
`FIRST AMENDED PETITION FOR CANCELLATION
`FIRST AMENDED PETITION FOR CANCELLATION
`
`EXHIBIT 1
`EXHIBIT 1
`
`

`

`COMMERCIAL GENERAL LIABILITY
`CG2010 00704
`
`THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
`
`ADDITIONAL INSURED OWNERS, LESSEES OR
`CONTRACTORS- SCHEDULED PERSON OR
`ORGANIZATION
`
`This endorsement modifies insurance provided under the following:
`
`COMMERCIAL GENERALLIABILITY COVERAGE PART
`
`SCHEDULE
`Name Of Additional Insured Person(S)
`Or Organization({s):
`
`
`
`
`Pacific Beach
`San Diego Weekly Markets
`Discover Pacific Beach
`North Park
`North Park Main Street
`City of San Diego
`
`A. Section || - Who Is An Insured is amended to
`include as an additional insured the person(s} or
`organization(s) shown in the Schedule, but only
`with respectto liability for ‘bodily injury’,
`“property damage”or “personal and advertising
`injury” caused, in whole or in part, by:
`
`1. Your acts or omissions: or
`2. The acts or omissions of those acting on your
`behalf;
`
`in the performance of your ongoing
`operations for the additional insured(s) at the
`location(s) designated above.
`
`B
`
`. With respect to the insurance afforded to
`these additional insureds, the following
`additional exclusions apply:
`
`This insurance does not apply to “bodily injury”
`or “property damage” occurring after:
`
`1.
`
`including materials, parts or equipment
`All work,
`furnished in conneciion with such work, on the
`project
`(other
`than service, maintenance or
`repairs} to be performed by or on behalf of the
`additional insured(s} at the location of the covered
`operations has been completed; or
`
`. That portion of “your work” out of which the injury
`or damage arises has been put to its intended use
`by any person or organization other than another
`contractor or subcontractor engaged in performing
`operations for a principal as a part of the same
`project.
`
`CG 20 100704
`
`eISO Properties, Inc.,
`
`2004 Page 1 of 1
`
`
`
`
`
`
`FIRST AMENDED PETITION FOR CANCELLATION
`FIRST AMENDED PETITION FOR CANCELLATION
`
`EXHIBIT 1
`EXHIBIT 1
`
`

`

`
`
`FIRST AMENDED PETITION FOR CANCELLATION
`FIRST AMENDED PETITION FOR CANCELLATION
`
`EXHIBIT 2
`EXHIBIT 2
`
`

`

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`FIRST AMENDED PETITION FOR CANCELLATION
`
`EXHIBIT 3
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`

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`FIRST AMENDED PETITION FOR CANCELLATION
`
`EXHIBIT 4
`
`

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