Starbucks loses legal battle with roaster of "Charbucks" beans

Starbucks sued Black Bear Micro Roastery because the New Hampshire roaster marketed a dark-roasted coffee blend called “Charbucks." But a U.S. District Court judge ruled against Starbucks last week, saying the company failed to prove its image was tarnished by the Charbucks brand. Bear Micro Roastery owner Jim Clark says: "I had vicious arguments with my own attorneys right from day one. When I said I wanted this to go to trial, they laughed in my face." (Manchester, NH Union Leader)

Comments

[Lou Sussler]

Interesting that the Judge noted that Clark intended to take advantage of the similarity to the Starbucks name.

That, by definition, is dilution of the trademark. Unfortunately for Starbucks, dilution of the trademark is not actionable alone; likliehood of confusion is the legal barometer and the judge, correctly in my opinion, noted that there is no real likliehood of confusion between Clark's coffee and Starbucks.

I do like how people seeking to capitalize or steal the goodwill associated with a corporate name always portray themselves as "the little guy" up against a corporate behemoth who can spend them into the sea.

Well Jackass, you wouldn't be up against them if you hadn't tried to capitalize on THEIR name.

I hope Starbucks wins on appeal just on principal.

[Name withheld to protect the guilty]

At least it was just one variety of a whole brand, and not naming the whole brand "Charbucks"; that's probably the biggest (maybe only) point in Black Bear's favor. It would have been fun if they'd had a whole line playing on the names of chain coffee houses, like "Seattle's Beast" or "Caribou Droppings."

Otherwise, it doesn't really seem all that different from, say, Walgreens calling its generic allergy treatment "Wal-itin" in a play off Claritin (although again, they have a bunch of similar name plays like "Wal-Tussin").

Of course you all miss the point of calling you dark roasted coffee “Charbucks.”

That being that the company is clearly indicating that while they will produce a dark roasted coffee they think it’s chard crap similar to that served at starbucks …. Of course if they loose I see no reason why they can’t rename their dark roast “Charcrap.” Maybe they could have a logo were the bucks was scratched out the crap was written in it’s place.

Which is why starbucks will loose, unless the buy the courts.

you make no sense, can't spell, and are just rude. maybe you should rename yourself. I see it as a small company going on with everyday small company business, and a big corporation comes along and interrupts their hard work because they are crying over a name that shouldn't even be a problem for them. come on, wake up and smell the coffee. shame on starbucks. three cheers for black bear.

[jessica in memphis]

I'm only following this story because I happened to meet the fella during my holiday travels.
I was in Portsmouth with my sister, and stuck my head in to check out this small coffee shop (literally, the entire shop was about the size of the average men's & women's rooms at a *$s.
The Mister Charbucks packaging doesn't even refer to anything corporate logo-like. I walked in carrying a SB's chai, and the Black Bear owner dude apologized to me for drinking their bev. He was bragging about the ruling, and said this whole thing has soured him on the corporation, as he was previously a big fan Howard S's. Very small shop, no real competition for Starcucks, and they've now given him more publicity than his little shop would ever have gotten. (no money left for legal fees, though)

[Barbara]

Starbuck's response reminds me of the quote; "Thou dost protest to much Brutus" (or Brute for those purists). I think the charbucks theme hit a nerve because there was one to hit. I suppose they might go after me next. When they switched to the superautomatic espresso machines I renamed their mochas the "MCmocha". I understand the need for such huge companies to sacrifice some quality for consistency-but ugh!!! Did they need to go so low? Good thing their frozen drink menu is awesome. One still has a choice for something good if the only thing around is a Starbucks....which IS the only time we go to one.

[suzanne]

i think "charbucks" is an insider joke for people who actually drink & buy black bear coffee. it alerts these buyers that the coffee is super dark, TOO dark as far as the black bear roasters are concerned (hence the "char" ) and to make that point clear and poke a little fun at the customers who buy the swill (hence the "bucks"). The joke is more similar, and more likely playing with the name "Harbucks" from South Park, as in it is a bit of a parody on a ubiquitous household name. No one who buys "Charbucks" thinks about "Starbucks"; they think they are getting super dark coffee and the roasters at black bear are making a bit of fun at them for buying it.

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i think "charbucks" is an insider joke for people who actually drink & buy black bear coffee. it alerts these buyers that the coffee is super dark, TOO dark as far as the black bear