Starbucks loses trademark infringement case against mom-and-pop coffee shop with a blend called 'Charbucks'

  • Black Bear Micro Roastery is owned by Annie Clark and husband Jim, and located in Tuftonboro, New Hampshire

By Ap Reporter

PUBLISHED: 09:40 EST, 19 November 2013 | UPDATED: 09:43 EST, 19 November 2013

A small New Hampshire coffee producer that operates out of a barn has prevailed in a trademark infringement case brought by Starbucks over a blend called 'Charbucks.'

'We're just a mom-and-pop little roastery,' said Annie Clark, who with her husband, Jim, owns Black Bear Micro Roastery in Tuftonboro.

They were sued in 2001 in federal district court in New York by Starbucks, which alleged Black Bear's use of the name 'Charbucks' infringed, blurred and tarnished its famous trademarks.

Starbucks

Triumph: New Hampshire coffee producer Black Bear Micro Roastery, which operates out of a barn, has prevailed in a trademark infringement case brought by Starbucks over a blend called 'Charbucks'

Starbucks appealed to the second U.S. Court Circuit Court of Appeals after Black Bear prevailed in district court.

The appeals court agreed with the district court in a decision Friday, saying Starbucks didn't prove its case.

Charbucks, introduced in 1997, is Black Bear's darkest roast coffee.

 

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The appeals court noted that 'one of the reasons Black Bear used the term "Charbucks" was the public perception that Starbucks roasted its beans unusually darkly.'

But it agreed with the district court in finding minimal similarity and weak evidence of actual association between the brands.

Charbucks

Under fire: They were sued in 2001 in federal district court in New York by Starbucks, which alleged Black Bear's use of the name 'Charbucks' infringed, blurred and tarnished its famous trademarks

'Their sales haven't been hurt,' Mrs Clark said, noting that Black Bear's haven't changed much over the years. 'Their growth hasn't been hurt.'

Seattle-based Starbucks respects but disagrees with the court's decision, company spokesman Zack Hutson said.

'We're just a mom-and-pop little roastery - Starbucks' sales haven't been hurt'

'We only filed the suit after a prolonged but unsuccessful attempt to enlist Black Bear's cooperation and to resolve this matter without litigation,' Mr Hutson said Monday.

Starbucks is a responsible trademark owner and was asking only for an injunction against the use of 'Charbucks,' he said. The case did not involve monetary damages.

Starbucks can ask for a rare hearing before the full appeals court. They also can appeal to the U.S. Supreme Court. Mr Hutson didn't indicate whether Starbucks would proceed with further appeals.

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Is that the Starbucks that paid little or no tax ? bullies.

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There is a funeral home in Merkel, Texas with the name of Starbuck.

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Starbucks consistently burns its beans to near ashes and renders them unpalatable without heaps of milk and sugar.

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I so agree. On the rare occasions when I buy their swill it can't be considered coffee when I'm done with it. Milk and sugar to ease that burnt taste. Their coffee is just absolutely dreadful.

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I will never spend a dime at Starbucks. As a matter of fact, this year I will send Christmas cards with a picture of a deer head with a star hanging from one antler, and a mermaid hanging from the other. Let's see how long it takes Starbucks to claim I am trampling their "Intellectual property."

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I will never spend a dime at a Starbucks. I am going to send Christmas cards this year that have a picture of a deerhead with a star hanging from one antler and a mermaid hanging from the other. I'll post it on the internet and see how long it takes Starbucks to claim I am trampling their "intellectual property." How come they don't sue Disney over the mermaid in their logo? Disney's pockets a little too big to take on?

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Way to go Starbucks! , you just gave char bucks so much publicity ! Hope they run Starbucks outa business

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Starbucks cheapens themselves to go after such a small mom and pop establishment. And this small establishment equally cheapen themselves to play copycat of something bigger that they are not. Result. They both end up looking and being whinny immature nothings. Now wheres the teabag?

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