Forums: Discussions for entrepreneurs and small business.

How many of you think that consumers might possibly be confused into thinking that coffee sold under these two names comes from a single source?  Is Mr. Charbucks getting somewhat of a "free ride" off the name Starbucks?

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

I read the litigation documents, along with the guy`s website and his explanation. While the court didn`t find that it was confusing, there is a separate issue here: he was and is intentionally trying to disparage Starbuck`s roasting methods. Parody can also get you in trouble.

I know all about the Coffee Connection story - I was on the branding team for Frappucino, a brand owned by them at the time of the acquisition. George did just fine with selling out to Starbucks. In addition to the prime Boston locations - like the flagship store on Beacon Hill across from the Public Garden and the Common - the Frappucino brand has gone on to make Starbucks hundreds of millions of dollars.

Confusing, similar names is only one angle in trademark infringement. One could also be sued for www.starbuckssucks.com, as they have been.

I opt for original brand names over riding the coattails of a very successful retailer every single time. While I doubt that one roaster in new Hampshire is causing worldwide Starbucks much trouble, I would vigorously defend my trademarks just as they have.

Kind of like this NuEvolution name. It`s not actually trademarked, as it states on their site, but a huge, well-funded biotech firm in Denmark goes by that name  and is in the process of registration with USPTO, with our help.They can easily prove first usage in commerce, plus have lots of lawyers versed in WIPO litigation.

My advice: Walk softly (or not) - just carry a big firm on retainer.

I haven`t read the story ... but who on earth would confuse both of those? They sound nothing alike to me. Maybe it`s just me, but I would not think there was any connection between those 2 names.

I`m sure Charbucks would agree with that opinion - no doubt.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

LOL! I thought it was a company that sold grilled steaks and burgers...like a Charhouse.

Mattress is a word in common usage and wouldn`t be a trademark infringement.

Got any links to this story?  I haven`t heard about it but but already think it`s ridiculous!  I would never have connected the two names.

R-


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Quaerite Primum Regnum

"There's a fine line between genius and insanity. I have erased this line."
~ Oscar Levant ~

Twitter: @rossb

If you send me your e-mail address, I will send you the case.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com