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January 01. 2012 10:02PM
NH's ‘Charbucks' prevails vs. Starbucks
Chalk up another victory for David in a 14-year legal battle with coffee Goliath Starbucks.
At least that's the perspective of the lawyer for Black Bear Micro Roastery, the family-owned coffee-roasting business in Tuftonboro.
U.S. District Court in New York last week affirmed lower court rulings against Starbucks Corp., which had alleged that Black Bear's “Charbucks” roast infringed on its trademark.
“So far, so good,” said attorney Christopher Cole of Sheehan, Phinney, Bass + Green.
Still, Cole said, he expects Starbucks to appeal the ruling to the U.S. Court of Appeals.
“It's very important to them. It's a little odd to us. There really is no harm that can be inflicted on Starbucks by this tiny little company in Tuftonboro,” he said.
The firm is representing pro bono the owners of Black Bear, registered under the name Wolfe's Borough Coffee Inc.
In a statement, Starbucks spokesman Alan Hilowitz 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. We are currently reviewing the ruling.”
Starbucks first took issue with use of the name in 1997. It renewed its legal battle in 2005, after Congress passed the Trademark Dilution Revision Act.
Black Bear first began selling its “Charbucks” roast on a lark — some customers wanted a darker roast than the business produced, and owner Jim Clark humorously indulged them, and then some.
“The name was to warn customers about it,” he said. “People in this part of the country don't like coffee roasted this darkly. We don't even recommend it. But it has a few loyal customers.”
Rather than “blur” the Starbucks' brand, as the company contends, Clark said he was drawing a strong contrast to it.
Black Bear beans are distributed mostly at small coffee shops and food markets in the north and central part of the state, said Clark, who owns and operates the business with his wife and kids.
Clark said he continues to use the “Charbucks” name and will do so until ordered to stop.
“The only reason we're fighting this is I didn't like them telling us what to do,” he said. “We realized what power corporations have.
“They can ruin you if they want to.”
At least that's the perspective of the lawyer for Black Bear Micro Roastery, the family-owned coffee-roasting business in Tuftonboro.
U.S. District Court in New York last week affirmed lower court rulings against Starbucks Corp., which had alleged that Black Bear's “Charbucks” roast infringed on its trademark.
“So far, so good,” said attorney Christopher Cole of Sheehan, Phinney, Bass + Green.
Still, Cole said, he expects Starbucks to appeal the ruling to the U.S. Court of Appeals.
“It's very important to them. It's a little odd to us. There really is no harm that can be inflicted on Starbucks by this tiny little company in Tuftonboro,” he said.
The firm is representing pro bono the owners of Black Bear, registered under the name Wolfe's Borough Coffee Inc.
In a statement, Starbucks spokesman Alan Hilowitz 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. We are currently reviewing the ruling.”
Starbucks first took issue with use of the name in 1997. It renewed its legal battle in 2005, after Congress passed the Trademark Dilution Revision Act.
Black Bear first began selling its “Charbucks” roast on a lark — some customers wanted a darker roast than the business produced, and owner Jim Clark humorously indulged them, and then some.
“The name was to warn customers about it,” he said. “People in this part of the country don't like coffee roasted this darkly. We don't even recommend it. But it has a few loyal customers.”
Rather than “blur” the Starbucks' brand, as the company contends, Clark said he was drawing a strong contrast to it.
Black Bear beans are distributed mostly at small coffee shops and food markets in the north and central part of the state, said Clark, who owns and operates the business with his wife and kids.
Clark said he continues to use the “Charbucks” name and will do so until ordered to stop.
“The only reason we're fighting this is I didn't like them telling us what to do,” he said. “We realized what power corporations have.
“They can ruin you if they want to.”
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