Count IV

       (For Trademark Dilution, New York General Business Law Section Section 360-1)

        32.    Plaintiffs specifically reallege and incorporate herein by reference each and every

allegation contained in Paragraph 1 through 31 hereof.

        33.    By virtue of Starbucks' long and continuous use of the Starbucks Mark, it has

become and continues to be "truly distinctive" within the meaning of New York General

Business Law Section 360-1.

        34.    Defendant has made and continues to make commercial use in commerce of the

Starbucks Mark in a manner that causes dilution of the distinctive quality of such mark, and

lessens the capacity of such mark to identify and distinguish Starbucks' goods and services.

        35.    Plaintiffs are entitled to an order from this Court preliminarily and permanently

enjoining defendant, its agents, employees and others acting in concert with them, from directly

or indirectly making any further commercial use of the Starbucks Mark, or any other names,

marks or logos that are substantially similar thereto.

Count V

Violation of New York General Business Law §§ 349 and 350

        36.    Plaintiffs specifically reallege and incorporate herein by reference each and every

 allegation set forth above.

        37.    This Count sets forth a claim for deceptive acts and business practices and false

 advertising in violation of New York General Business Law §§ 349 and 350.

        38.    Defendant's commercial use of the Charbucks mark represents a deliberate

 attempt to mislead consumers because defendant is causing a likelihood of confusion or of

 misunderstanding as to defendant's goods and services, and those of third parties, having a

 source in or the sponsorship, approval or certification of Plaintiffs, or as being affiliated,

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