connected or associated with Plaintiffs, and are otherwise engaging in conduct which creates a

likelihood of confusion between Plaintiffs' and defendant's products and services, creating

misunderstandings of the source of defendant's products and services as being Plaintiffs'

products and services.

        39.    By engaging in such false and misleading advertising, defendant has engaged in

deceptive acts and business practices in violation of New York General Business Law § 349, and

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

        40.    By reason of defendant's above-described unlawful activities. Plaintiffs have

sustained injury, damage and loss and defendant has been unjustly enriched. Plaintiffs have

already suffered irreparable harm, and will continue to be irreparably damaged unless this Court

enjoins defendant from continuing its unlawful acts. Plaintiffs have no adequate remedy at law.

Count VI

Unfair Competition Under New York Common Law

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

 allegation set forth above.

        42.    Plaintiffs have widely advertised and used the Starbucks Mark to identify their

 goods and services. By virtue of such advertising and use, the Starbucks Mark has come to

 identify Plaintiffs as the source of goods and services marketed under the Starbucks Mark and

 such mark has come to represent valuable goodwill which is owned by Plaintiffs.

        43.    Defendant's deliberate imitation and copying of the Starbucks Mark is without the

 permission of Plaintiffs, and defendant's use of the Charbucks mark constitutes common law

 trademark infringement and unfair competition and is unlawful.

        44.    By reason of defendant's above-described unlawful activities. Plaintiffs have

 sustained injury, damage and loss and defendant has been unjustly enriched. Plaintiffs have

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