Starbucks Clovis Nm – A New York coffee shop is suing Starbucks for $10 million for trademark infringement, claiming that the coffee shop’s popular “Unicorn Frappuccino” is the best blend of the legendary concoctions.
Starbucks’ unicorn-themed blended drink launched in the US last month. Limited edition in Canadian and Mexican stores; It became an instant sensation on social media, fueling consumers’ food cravings. The strong drink comes in vibrant colors and different flavors, including whipped cream and pink-blue powder.
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But The End Brooklyn and its owner, Montauk Juice Factory, were embroiled in a federal lawsuit filed Wednesday in U.S. District Court alleging copyright infringement by Starbucks over its creation of the “Unicorn Latte.” Taken from ABC News.
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According to court documents, the End Brooklyn coffee shop in Brooklyn’s Williamsburg neighborhood began selling the Unicorn Latte last December. Records show the owners applied for the trademark on Jan. 20. This application is still pending and publicly searchable on the US Patent and Trademark Office website.
On April 17, Starbucks launched the product under a “misleadingly similar name to Unicorn Latte” and aggressively promoted the new product, according to court documents.
The owners of The End Brooklyn claim that Starbucks “defies the reputation of any coffee shop in Brooklyn.”
“The size and reach of Starbucks’ featured product was designed to eclipse the Unicorn Frappuccino in the Unicorn Latte market, harming [The Brooklyn End] and confusing customers,” the lawsuit says. “Anyone at Starbucks may contact Montauk Juice, The End or their representatives to inquire about trademark usage.”
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The owners of The End Brooklyn believe the cafe is serving a “copy or fake” of a Starbucks drink featuring a unicorn.
A Starbucks representative responded to ABC News’ request for comment on the lawsuit: “We are aware of the allegations and believe they are without merit. The Starbucks Unicorn Frappuccino Blended Drink is a fun trend on social media. Inspired by the inspiring and colorful unicorn-themed food and drink. Drink time in April It was offered for a limited time and is no longer available in our stores.”
Unlike Starbucks’ sugary Unicorn Frappuccino, The End Brooklyn’s Unicorn Latte is considered a healthy drink mix. Contains cow’s milk. It contains no refined sugar or food coloring, but is made with “superfoods,” including blue-green algae.
“In addition to the similar name, the new Unicorn Latte-shaped drink has a bright pink-blue color and added powder to resemble the decoration of the Unicorn Latte. “As a result, Starbucks Unicorn Frappuccino distorted the name and appearance of the Unicorn Latte and presented it as a similar drink.” , says the lawsuit.
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Bret Karecki, co-owner of The End Brooklyn, said he was “surprised and disappointed” when Starbucks announced the Unicorn Frappuccino.
“We developed the Unicorn Latte as a healthy and delicious product. The Unicorn Latte is the most popular product we’ve ever created, so we were surprised when Starbucks launched the Unicorn Frappuccino, which looks exactly like our product. It has a name and a look, but none of the beneficial ingredients. ” Karetsky said in a statement obtained by ABC News.
Although Starbucks’ Unicorn Frappuccino is no longer available. The lawsuit claims that Starbucks’ “conduct has caused irreparable harm to The End Brooklyn” and will continue to cause “harm” and “mislead the public” unless the court decides to proceed.
Josh Schiller, an attorney at Boies Schiller Flexner LLP in New York, said he filed the lawsuit on behalf of his clients “to protect a local business that acquired its valuable intellectual property from a large global corporation.” Schiller argued that Starbucks’ marketing campaign failed The End Brooklyn in the same channels that the cafe’s unicorn drink gained popularity and continues to gain recognition.
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“We were particularly hurt by the idea that the value of our product was irreparably damaged because Starbucks was able to expand its marketing. We had no choice but to go to court,” he said. He told ABC News in a phone interview on Friday.
The owners of The End Brooklyn are seeking a public apology for “unlawful use of the Unicorn Latte brand and origin” and “unspecified damages from Starbucks for alleged infringement, dilution and diminution of value.” Intellectual Property [The End Brooklyn]’.
Schiller told ABC News this week that Starbucks would have several days to respond.
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