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Bonnie L. Hemenway (BH 2246) Barbra
S. Levy (BL-3306) JONES,
DAY, REAVIS & POGUE 599
Lexington Avenue New York, New York
10022 (212)326-3939 Attorneys
for Plaintiffs UNITED
STATES DISTRICT COURT SOUTHERN
DISTRICT OF NEW YORK |
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STARBUCKS
CORPORATION, a Washington
corporation; and STARBUCKS U.S.
BRANDS, INC., a California corporation, Plaintiffs, v. WOLFE'S BOROUGH COFFEE, INC., a New
Hampshire corporation, dba BLACK BEAR MICRO ROASTERY, Defendant. |
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No. 01-CV- 5981 Judge Swain COMPLAINT
FOR TRADEMARK DILUTION, TRADEMARK
INFRINGEMENT, VIOLATION OF
SECTION 43(a) OF THE LANHAM ACT, VIOLATION
OF NEW YORK GENERAL BUSINESS
LAW §§ 349 AND 350 AND UNFAIR COMPETITION
UNDER NEW YORK COMMON LAW DEMAND FOR JURY TRIAL |
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1.
This is an action by plaintiffs Starbucks Corporation and Starbucks U.S.
Brands,
Inc.
("Plaintiffs"), for damages, injunctive relief, and attorneys' fees
for defendant's willful
misappropriation
of and damage to Plaintiffs' registered trademark, "Starbucks®."
2.
Plaintiff Starbucks Corporation ("Starbucks") is the largest
and best-known
purveyor
of specialty coffees in North America. Starbucks distinctive trademarks
instantly
identify
Starbucks highly successful coffee based beverages and other products to
millions of
consumers.
Defendant Wolfe's Borough Coffee, Inc., dba Black Bear Micro Roastery
("Black
Bear")
is improperly seeking to benefit from Plaintiffs' substantial investment in the
Starbucks®
mark
by selling coffee under the offensive variation of that mark,
"Charbucks." Black Bear
seeks
simultaneously to trade off of the premium reputation the Starbucks® mark has
come to
NY-1166157vl