Unicorn coffee action against Starbucks
Every year sees a new trend which takes the world by storm.
This year its Unicorns!
With everything unicorn popping up on the market, there seems to be a battle of originality with the big companies battling for top spot.
It seems there has also been a bit of big business overshadowing happening which has led to a recent trade mark case.
The End Brooklyn, a café based in New York City, has taken on coffee corporation Starbucks over their latest addition to their menu, the Unicorn Frappuccino.
The End claims that this new product has infringed their trade mark, ‘Unicorn Latte’.
The café has been promoting their Unicorn Latte since December 2016 and applied for the trade mark in the US in January 2017.
This was substantially before the introduction of Starbuck’s unicorn Frappuccino, which was in April 2017.
The claim states that the two products have a high level of similarity, in both the name and the appearance which is a multicoloured liquid but prominently blue and purple.
It is their belief that Starbucks has promoted their product to overcast on The End’s product and eclipse the market.
This association is having an effect on The End’s reputation, stated the claim.
Many consumers are confused by the products, wrongly assuming that The End’s product was a knock-off copycat of Starbucks.
Also, the claim states that the Starbuck’s product is having an adverse effect in relation to quality, as their product is mainly artificial whereas The End pride themselves on having a healthy drink made with fresh and healthy ingredients.
At it currently stands, the Starbucks product is no longer on the market as it was intended to be a limited-edition product.
However, the claim states that the damage to their mark is still continuing and may be irreparable.
The café is seeking a permanent injunction against Starbucks, destruction of infringing goods, profits, damages, attorneys’ fees, a statement on Starbucks’ website correcting the confusion and a jury trial.
For more information on how to protect your brand, contact The Trademarkroom today.
By Ellis Sweetenham