Plaintiffs would be required to bring a multiplicity of suits to achieve full redress for the injuries

caused thereby.

        25.    Unless restrained, defendant's infringement of the Starbucks Mark will continue

to cause irreparable injury to Plaintiffs, both during the pendency of this action and thereafter.

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

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

directly or indirectly infringing the Starbucks Mark in any manner, including by using any name,

mark, design or logo that is confusingly similar to the Starbucks Mark in connection with the

sale, offer for sale, advertising, or promotion of any goods or services.

        26.    Plaintiffs are further entitled to recover damages sustained in consequence of

defendant's wrongful conduct, in an amount to be determined; to recover defendant's profits; and

to recover Plaintiffs' attorneys' fees and other costs herein. Based upon the circumstances of the

 case, including the willful nature of defendant's conduct. Plaintiffs are further entitled to recover

 treble the amount found as actual damages pursuant to 15 U.S.C. § 1117.

Count III

(for violation of 15 U.S.C. § 1125(a))

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

 allegation set forth above.

         28.    The acts of defendant alleged herein, including its use of the "Charbucks" mark,

 are likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection,

 or association of defendant or defendant's product with Plaintiffs, or as to the sponsorship, or

 approval of defendant's goods, services or commercial activities by Plaintiffs. Defendant's

 actions further misrepresent the nature, characteristics or qualities of defendant's goods, services

 or commercial activities.

-9-

NY-H66l57vl