# TRADEMARK NAME USE EXHIBIT

## Litman's Name Used in Trademark Practice -- Nicola Pizza Case Study

**Prepared:** March 25, 2026
**Case:** Litman v. Goldberg, Index No. 524343/2025 (NY Sup. Ct., Kings County)
**Relevance:** Count V -- NY Civil Rights Law Sections 50-51

---

## Executive Summary

Litman's name was exploited not only in patent prosecution but across an **entirely separate practice area: trademarks**. Howard Kline managed NGM's trademark portfolio under Goldberg's supervision, sending 2,678 emails (91% CC'ing Litman) over 5+ years. The representative case study -- **Nicola Pizza** -- demonstrates that outside counsel contacted Litman by name, Litman's identity attracted the business, Kline performed the work, and the firm billed everything under "RL" (Richard Litman). This extends Section 51 liability beyond patents into a second practice area with its own separate acts of name use.

### Trademark Practice Metrics

| Metric | Count |
|--------|-------|
| Total Kline emails | 2,678 |
| Kline emails CC'ing Litman | 2,439 (91%) |
| Trademark-specific emails | 1,813 |
| Nicola Pizza emails | 259 (246 with Litman CC'd) |
| Nicola Pizza dockets | 9 active marks + 1 new application |
| Latest confirmed name use | **July 24, 2025** (Hashtag Sports letter) |
| Date range | December 3, 2019 -- October 13, 2025 |

---

## 1. The Nicola Pizza Story

### Cast of Characters

| Person | Role |
|--------|------|
| **Richard C. Litman** | Originating attorney; decades-long relationship with client |
| **Howard Kline** | Trademark practitioner; promoted to "Partner" under Goldberg (2020-2021) |
| **Joshua B. Goldberg** | Co-Managing Partner; supervised Kline; directed firm operations |
| **Ciro Poppiti III** | Outside counsel; Partner, Lewis Brisbois Bisgaard & Smith LLP |
| **Mr. Caggiano / Berry** | Nicola Pizza owner (aberry.nicolapizza@gmail.com) |

### Chronological Email Chain

#### December 13, 2023: Poppiti Contacts Litman Directly

Outside counsel Ciro Poppiti emails **rlitman@nathlaw.com** -- not Kline, not Goldberg:

> "Mr. Litman: I am business counsel to the Caggiano family and Nicola Pizza. I would like to set up a meeting with you to review all of their business trademarks. See your recent correspondence, attached. Please advise some good times/dates after January 11."

**Source:** `output/sent_items_hits/ND263496_Re_Fyi_Nicola_Pizza_-_Trademarks.txt`

**Significance:** A partner at a top-tier law firm (Lewis Brisbois, 1,800+ attorneys) seeks out Litman by name for trademark work. This proves Litman's name has commercial drawing power -- the exact element Section 51 protects.

#### December 14, 2023: Litman Hands Off to Kline

Litman forwards to Kline: "Howard, please confirm that you can open. Thanks. Richard."

Kline confirms: "Hi Richard, Thank you for forwarding. I confirm receipt."

**Pattern:** Client contacts Litman -> Litman delegates to Kline -> Work done under Litman's billing.

#### January 16, 2024: Joint Call with Poppiti

Poppiti writes: "Pleasure speaking with you both today."

Both Litman and Kline participated in the client call, but Kline handles the substantive work going forward.

#### February-March 2024: Trademark Portfolio Review

Kline sends **detailed trademark services proposal** to Poppiti (CC Litman):
- TASTE OF THE FIRST STATE filing
- Goods/Services in Class 25 and Class 43
- Fee: $1,050 per class

Litman monitors and provides strategic input: "Howard, Could he file an ITU application today while he gets use in place? Richard"

**Source:** `output/sent_items_hits/ND263586_Re_Nicola_Pizza_-_Trademarks_-_Update.txt`

#### April 8-9, 2024: New ITU Application Filed

Kline files new Intent-to-Use application:
- **Mark:** "Taste of the 1st State"
- **Docket:** 6217.51T
- **Applicant:** Nicola Pizza, Inc.
- **Classes:** 25 (clothing) and 43 (restaurants)
- **TM Serial No.:** 98499741

Kline signs as "Partner" with Litman CC'd on all communications.

#### April 9, 2024: Litman Reports to Goldberg

Litman emails Goldberg:

> "Josh, I was on a call with Nicola's counsel and Howard last month. **The relationship is growing** and Howard is doing well. At this point, the client wants help with litigation. This offers good experience for Howard... **This can be a good client source which expands in many ways.** The law firm representing Nicola is a top tier firm. I am sure they have A class clients, plus the work alone on some of these Nicola matters could be significant for Howard."

**Source:** `output/sent_items_hits/ND263611_Nicola_Pizza__New_Projects.txt`

**Significance:** Litman explicitly describes the business development value of the relationship. This is the commercial exploitation that Section 51 targets.

#### April 15-18, 2024: C&D Letter (Litigation Work)

Kline drafts cease-and-desist letter to Stanislaus for trademark infringement. Litman provides historical case knowledge:

> "Howard, FYI, there were some prior cases where Wally Kubitz had sent C&D letters, and years ago filed actions...which didn't result in a favorable outcome."

**Source:** `output/sent_items_hits/ND263626_RE_Privileged__Nicola_Pizza_v_Stanislaus_and_Decoy.txt`

#### April 18, 2024: Litman's Relationship Statement

Litman to Kline (private):

> "Here for you anytime Howard: 703-409-8850. You have done a terrific job. **I know this client and my relationship goes back decades.** I want to look out for the client. Richard"

Kline's response reveals tension: "Thanks, Richard. **I have some concerns regarding the new arrangement (and lack of direct correspondence with the client).**"

**Source:** `output/sent_items_hits/ND263627_Re_Privileged__Nicola_Pizza_v_Stanislaus_and_Decoy.txt`

**Significance:** Litman's "decades" relationship with the client is the asset being exploited. Kline's concern about the "new arrangement" suggests Goldberg imposed changes to how client contact was managed.

#### July 24, 2025: Hashtag Sports Letter -- THE LATEST CONFIRMED NAME USE

Letter from NGM to Activ8Social LLC d/b/a Hashtag Sports, re: U.S. TM Reg. 4,697,459 ("HASHTAG SPORTS"), Ref 32662.00. Signed "Richard C. Litman" and "Howard W. Kline."

**Significance:** This is now the latest confirmed use of Litman's name in the entire case -- dated **6 days after** the email elimination (July 18), **44 days after** the website removal demand (June 10), and **28 days after** the litigation trigger (June 26). NGM was still actively signing Litman's name on outgoing client-facing trademark correspondence even as they were destroying his email infrastructure and preparing for litigation. Pushes the latest confirmed name use from July 2 to July 24, 2025.

#### July 29, 2025: Auto-Reply Proves Continued Name Use

USPTO sends trademark filing receipt for docket 6217.51T (Serial No. 98499741) to **Litman's email address**. Auto-reply responds:

> "Thank you for contacting Nath, Goldberg & Meyer. **Richard Litman is no longer with the organization.** If you need immediate assistance, or for all future correspondence and inquiries, please contact Joshua Goldberg at jgoldberg@nathlaw.com."

**Source:** `output/sent_items_hits/ND264049_Automatic_reply_621751T_Serial_Number_98499741_Received_Your.txt`

**Significance:** As late as **July 2025**, trademark filings were still directed to Litman's email -- proving the firm was using Litman's name as attorney of record on trademark matters even after the lawsuit was filed.

#### August 4, 2025: More Trademark Auto-Replies

Subject: "Prospect - TM-" -- trademark prospects still being directed to Litman's email.

**Source:** `output/sent_items_hits/ND264126_Automatic_reply_Prospect_-_TM-.txt`

---

## 2. Nicola Pizza Financial Records

### Trust Ledger (All "RL" = Richard Litman)

Source: `website/financial_attachments/20250611_Nicola_Pizza_Trust_Ledger.csv`

| Docket | Mark | TM Reg. No. | Date Range | Amount | Resp. Lawyer |
|--------|------|-------------|------------|--------|--------------|
| 6217.14 | Nicola's Pasta Pail And Design | (Application) | 5/31/2023 - 6/2/2023 | $1,225.00 | **RL** |
| 6217.15 | NIC SPIN OLI and design | 1,798,021 | 9/21/2023 - 10/4/2023 | $1,225.00 | **RL** |
| 6217.28 | NICOLA PIZZA design | 1,352,205 | 12/9/2024 - 1/6/2025 | $1,225.00 | **RL** |
| 6217.31 | SUGO design | 1,891,261 | 12/9/2024 - 1/6/2025 | $1,225.00 | **RL** |
| 6217.38 | NICOLA PIZZA design | 3,037,403 | 12/9/2024 - 1/6/2025 | $1,225.00 | **RL** |
| 6217.46 | NIC-O-BOLI | 5,249,973 | 7/18/2023 | $1,125.00 | **RL** |
| 6217.49 | COUPLE WITH PIZZA Design | 5,804,562 | 12/9/2024 - 1/6/2025 | $1,135.00 | **RL** |
| 6217.50 | THE ORIGINAL NIC-O-BOLI | 5,804,556 | 12/9/2024 | $1,135.00 | **RL** |

**Total trust receipts:** $9,520.00 across 8 dockets, **all under Richard Litman**.

Most recent entries are **December 2024/January 2025** -- well within the SOL period.

### TSDR Confirmation and Customer Number Infrastructure

The USPTO TSDR record for "THE ORIGINAL NIC-O-BOLI" (docket 6217.09) confirms Litman listed among appointed attorneys on the record.

**CN-24396 = Nicola Pizza:** The USPTO Customer Number transferred in the Amendment (CN-24396) has been identified as Nicola Pizza's trademark correspondence routing number. This means the Amendment specifically enumerated the infrastructure for trademark correspondence routing to this client -- the very mechanism by which Litman's name continued to appear as attorney of record on Nicola Pizza's trademark filings was built into the Customer Number system that was transferred.

---

## 3. Other Trademark Clients Using Litman's Name

### Dakota AG Innovations (October 2024) -- "The Litman Law Office"

Client Lynn Odland wrote:

> "Our experience with **The Litman Law office** was such that we are not interested in looking elsewhere as long as you are carrying on the same quality of personal and work."

Martha Long refers the trademark inquiry to Kline: "I am copying our trademark attorney, Howard Kline."

**Source:** `output/sent_items_hits/ND263723_Re_Trademark_Information_for_Client_17392.txt`

**Significance:** Client identifies the entire firm by Litman's name and makes purchase decision based on that identity. This is **October 2024** -- deep in the post-SOL period.

### Park-n-Rail / Vaghi Foundation (July 3, 2023 -- Post-Arbitration)

Kline files Statement of Use for TM Application 88/523,469, CC's Litman. Litman responds: "Nino, Happy 4th to you. (And you Howard). Richard"

**Source:** `output/sent_items_hits/ND263266_Re_Park-n-Rail_Trademark_Application.txt`

### Vegetable Growers Supply Co. / 3 FLAGS (July 26, 2023)

Litman identifies the client as his: "Howard, this was an active client early in my career. Richard"

TM Reg. No. 1,846,898; Docket 3888.50. Kline manages renewal under Litman's billing.

**Source:** `output/sent_items_hits/ND263335_RE_TM_Renewal_due_US_Trademark_Registration_No_1846898_3_FLA.txt`

### Run For Something (February 2024 -- Litman's Daughter Amanda)

Kline manages TM Declaration of Use for Litman's personal/family trademark. Shows the scope of Kline's work under Litman's billing.

**Source:** `output/sent_items_hits/ND263579_Re_RUN_FOR_SOMETHING_-_TM_Declaration_of_Use.txt`

### AI Enhancements / Haloo (June-August 2023)

Third-party vendor asks about "your trademark practice at Nath, Goldberg & Meyer." Litman responds: "**Howard Kline handles the trademark work for my clients.**"

**Source:** `output/sent_items_hits/ND263351_Re_AI_Enhancements_-_Trademarks.txt`

**Significance:** Litman explicitly identifies trademark clients as "my clients" being worked by Kline.

---

## 4. Litman's Statement: "My Clients"

Multiple emails confirm Litman considered all trademark clients to be his originated clients:

| Date | Statement | Source |
|------|-----------|--------|
| Jun 2023 | "Howard Kline handles the trademark work for **my clients**" | ND263351 |
| Apr 2024 | "**I know this client and my relationship goes back decades**" (re: Nicola Pizza) | ND263627 |
| Jul 2023 | "**this was an active client early in my career**" (re: 3 FLAGS) | ND263335 |
| Jun 2025 | "Is there a report...which lists all client numbers, invoice numbers and payments from **trademark and copyright clients**?" | ND263972 |

---

## 5. Why This Matters for Section 51

### Extends Name Use Beyond Patents

The trademark evidence proves Litman's name was exploited across the **entire firm**, not just patent prosecution:
- Patent practice: 905 patents, 206+ USPTO documents, 16 POA signatures
- **Trademark practice:** 1,813+ trademark emails, 9+ Nicola Pizza dockets, multiple other clients
- **Combined:** Litman's name was the firm's primary commercial asset across all practice areas

### Each Trademark Act Is a Separate Publication

Under the "deck of cards" theory:
- Each trademark filing (renewal, Statement of Use, ITU application) listing Litman = separate publication
- Each client email forwarding trademark correspondence = separate client-facing publication
- Each trust ledger entry under "RL" = separate internal commercial use

### Proves Organizational Control, Not Individual Action

The trademark evidence shows the name-use was a **firm-wide pattern** directed by Goldberg:
- Kline promoted to "Partner" (2020-2021) to manage the portfolio
- Goldberg supervised Kline and the trademark practice
- Martha Long referred trademark prospects to Kline
- All billing under Litman's name -- firm-level decision

### Witness Availability

| Witness | Deposition Value |
|---------|-----------------|
| **Howard Kline** | Can testify to: who directed him to CC Litman on 91% of emails, why clients contacted Litman for trademark work, the "new arrangement" concerns, trademark filing practices |
| **Ciro Poppiti** | Can testify to: why he contacted Litman (not others), whether Litman's name influenced his decision to engage NGM, the commercial value of Litman's reputation |

---

## 6. Key Evidence Files

| Document | Location |
|----------|----------|
| Kline Trademark Supervision Memo | `output/KLINE_TRADEMARK_SUPERVISION_MEMO.md` |
| Nicola Pizza - New Projects | `output/sent_items_hits/ND263611_Nicola_Pizza__New_Projects.txt` |
| Nicola Pizza - Trademarks Update (1) | `output/sent_items_hits/ND263586_Re_Nicola_Pizza_-_Trademarks_-_Update.txt` |
| Nicola Pizza - Trademarks Update (2) | `output/sent_items_hits/ND263587_Re_Nicola_Pizza_-_Trademarks_-_Update.txt` |
| Nicola Pizza - Poppiti initial contact | `output/sent_items_hits/ND263496_Re_Fyi_Nicola_Pizza_-_Trademarks.txt` |
| Nicola Pizza v. Stanislaus (1) | `output/sent_items_hits/ND263626_RE_Privileged__Nicola_Pizza_v_Stanislaus_and_Decoy.txt` |
| Nicola Pizza v. Stanislaus (2) | `output/sent_items_hits/ND263627_Re_Privileged__Nicola_Pizza_v_Stanislaus_and_Decoy.txt` |
| Nicola Pizza Trust Ledger | `website/financial_attachments/20250611_Nicola_Pizza_Trust_Ledger.csv` |
| Dakota AG "Litman Law office" | `output/sent_items_hits/ND263723_Re_Trademark_Information_for_Client_17392.txt` |
| Auto-reply TM filing receipt | `output/sent_items_hits/ND264049_Automatic_reply_621751T_Serial_Number_98499741_Received_Your.txt` |
| Litman "my clients" email | `output/sent_items_hits/ND263351_Re_AI_Enhancements_-_Trademarks.txt` |
| Witness List & Deposition Priorities | `output/WITNESS_LIST_AND_DEPOSITION_PRIORITIES.md` |