 |
|
|
Something new in your business? Click here to submit your business press release Chamber Corner | Main Street News | Job Hunt | Classifieds | Calendar | Illinois Lottery |
||
|
||
|
"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 appealed to the 2nd 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. 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. "Their sales haven't been hurt," 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 only filed the suit after a prolonged but unsuccessful
attempt to enlist Black Bear's cooperation and to resolve this
matter without litigation," 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. Hutson didn't indicate whether Starbucks would proceed with further appeals. Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
|
 |
|
|
|
|
|
|
