My name is Yuji Haraguchi. I am the founder and the owner of "OSAKANA in the East Village of New York. I am also the founder of OKONOMI and YUJI Ramen. I started OSAKANA in 2016. OSAKANA is now established and known as the Japanese fish market, which translates as "SAKANAYA" in Japanese.
I am personally affected by the fraudulent operations of Wegman's SAKANAYA as they are currently in breach of NDA (Non Disclosure Agreement) and NCA (Non Compete Agreement) with my business. They are also in the infringement of a common law trademark that belongs to us. There is a lot more.
Below is the crazy real story... (Please read)
Aug 28, 2023, through Wegman's fish broker, Culinary Collaboration, we signed NDA (Non disclosure) and NCA (Non compete) for a potential business partnership.
I trusted Wegman's recognition, presence, and credibility. Without a doubt, I believed that I could grow OSAKANA with them even better and stronger.
Sep 29, 2023, we also signed the LOI (letter of intent). I disclosed all of my trade secrets, practices, and all the financial information. I invited them to come into my store in the East Village and Midtown locations and showed them everything. They even took our sushi class. I was committed to fulfilling my responsibilities during the due-diligence period.
Oct 18, 2023, I received a surprise message from a customer...
"Yuji! Congratulations on opening OSAKANA in Wegman."
OSAKANA, SAKANAYA, Wegman???I was so confused...
That's how I found out that they secretly opened the identical concept called "SAKANAYA" behind my back. They used the exact same font as OSAKANA as you can find in this petition's photo.
A lot of my friends and customers thought that was me.
At the same time, they have run massive promotions on social media, YouTube, Newspaper, and etc in order to promote SAKANAYA.
They even stated on the newspaper "Japion" on Nov 19, 23 that"SAKANAYA is the first Japanese fish market in NYC," which is inaccurate and a defamation of my business.
SAKANAYA's PR campaign was so aggressive and massive that it affected my business tremendously. It kept appearing on my personal IG account every single day. Their PR targeted OSAKANA customers specifically including myself.
At the same time, they presented me with the fraudulent business partnership agreement, insisting that SAKANAYA and OSAKANA will be jointly operated by all of us. I still trusted them, which was a big mistake.
Nov 20, 2023, exactly one month after Wegman's SAKANAYA successfully launched, I received a call from the broker and they told me...
"We are NO LONGER interested in your business."
Without any logical explanation.That's how they backed out the deal. They just disappeared.
This was the most disgusting business practice I have ever experienced in my life.
Later on, I learned that this was not the first time that Wegman stole the business from another company. As a matter of fact, Wegman's whole sushi take away program started the same way by stealing the important asset from another company (Genji Sushi) that they approached. That's why Wegman's Sushi and Whole Foods Sushi look identical.
I started my whole business from scratch by myself with zero money and survived in NYC for more than 10 years. I am very proud of what I culturally contributed to the local communities in NYC through OKONOMI, YUJI Ramen, and OSAKANA.
Needless to say, I am totally fine and welcome fair competitions by anyone. However, what Wegman's SAKANAYA did to me should not be allowed and tolerated. I want the public to know that this is what a multi billion dollar company did against a minority owned small business like myself. If they are so desperate for new business ideas especially related to sushi and Japanese fish, they should make fair business deals with other entities.
OSAKANA employs about 15 hard working staff. I hire people who are passionate about learning Japanese way of fish handling and sushi practices regardless of their previous experiences or background. That's why OSAKANA members are so diverse. OSAKANA's mission is to make sushi accessible for everyone, not just customers, but also for employees in NYC.
We all rely on the OSAKANA business for a living. I would never have agreed with them if I knew their intention was just to steal my business practice and replicate it down the street.
As a matter of fact, Wegman's SAKANAYA is located 3 blocks away from OSAKANA, which is the valid reason why they violate the common law trademark that belongs to us.
They had so many options to choose their name from. They did not even make an effort to make their unique name. They had money and resources to do some research.
Instead, purposefully, they chose the name SAKANAYA with the exact font to take advantage of OSAKANA's brand presence and recognition in the neighborhood AFTER they signed NDA and NCA agreements with me.
This has not only caused me financial strain but also disrupted the harmony within our local small business community. I am raising my voice not just for myself, but also on behalf of the hard working small business owners.
Surviving in NYC as a small business, immigrant, and minority owner is incredibly challenging. Many times, I thought about closing my businesses, but I never gave up because customers kept supporting my businesses.
SinceDecember, 2023, I have attempted to come to an amicable settlement with all of the three companies behind Wegman's SAKANAYA operation,Wegman, Culinary Collaboration, and UORIKI. I did my best to stay out of court.However, they completely ignored my efforts and are currently operating SAKANAYA like nothing ever happened.
Even worse, they insisted that they all WILL NOT comply with any of our requests and will not even discuss any resolution with us. They have absolutely ZERO intention to coexist with me.
Wegman! Why??? You just opened it! It's not too late to change and NO one will care!!!
OMG Wegman! Are you SERIOUS??? OSAKANAはSAKANAYAです。
UORIKI,one of the biggest publicly traded seafood companies in Japan, is using this fraudulent SAKANAYA operation as PR for their investors.
New York City has always been a place where small businesses can thrive alongside larger corporations. However, when those corporations disregard legal agreements and infringe upon trademarks, it threatens the diversity and vibrancy that make our city unique.
This incident has left me no choice, but to take legal action unfortunately against my will. They are just thinking that I will just go away. They know that a small business owner like myself won't be able to afford to take any legal action against a multi billion dollar corporation such as Wegman. They will probably make this litigation last as long as possible until I run out of money to keep fighting.
But I have to protect my business, my employees, and my family.
We urge all stakeholders involved - from consumers to other businesses - to join us in calling for an immediate cessation of Wegman's SAKANAYA operations until they rectify their breach of contract and come to a settlement with myself.
I urge you to stand with me against these fraudulent practices by signing this petition. By doing so, we can send a clear message that such behavior will not be tolerated in New York City or anywhere else.
Do we want to live in the city where there is NO small unique business?Absolutely NO!!! We are the ones that make New York City a special place where all dreams come true.
We must protect small businesses from being undermined by larger entities who choose not to respect their obligations or the rights of others.
OSAKANA is the real and original SAKANAYA in NYC.
Wegman's SAKANAYA is
FraudCultural appropriationCorporate bullyBreach of contracts (NDA & NCA)Unfair competitionMisrepresentationTrade mark infringementCommon law trademark violationDefamationDishonest
Please sign this petition today. Let us ensure fair competition for all small businesses in New York City!
New York Times, Business Insider, Eater, Thrillist, Gothamist!Please share!!!If you are a writer, please write this story to let more people know!!!
Thank you for taking your time to read my crazy story.Thank you for supporting OSAKANA, the original SAKANAYA in NYC.
Yuji HaraguchiOSAKANA OwnerOKONOMI/YUJI Ramen founder
