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

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.

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 COMMONLAW

DEMAND FOR JURY TRIAL

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