b.

Otherwise designing, constructing, manufacturing, advertising, and/or

promoting the Crust Facility so as to cause, and with the intention to cause, actual consumer confusion and trade on the goodwill associated with the Patachou IP, Napolese Trade Dress and Patachou brand. 41. Upon information and belief, Defendants have intentionally designed the Crust

Facility to be confusingly similar to the Napolese restaurants by targeting the overall trade dress of the restaurants and attempting to capture the cumulative “look and feel” of the Napolese brand in such a way as to cause consumer confusion between the Napolese Restaurants and the Crust Facility. In furtherance of this goal, Defendants have adopted the following, non-exhaustive list of elements comprising the Napolese Trade Dress: a. Menu – the menus are the same color scheme, use similar fonts and have

the same overall design:

(Left: Crust Pizzeria Napoletana; Right: Napolese)

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b.

Centerpiece pizza oven – Prominent pizza oven in open kitchen using

identical stone choice:

(Left: Crust Pizzeria Napoletana; Right: Napolese) c. The Bar – wine-rack and general bar design and set up:

(Left: Crust Pizzeria Napoletana; Right: Napolese)

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d.

Seating – industrial style seating including screw style bar stools:

(Left: Crust Pizzeria Napoletana; Right: Napolese)

e. storefront:

Store Front –Shield emblems repeated along repeating sectioned glass

(Left: Crust Pizzeria Napoletana; Right: Napolese)

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