Global coffeehouse chain Starbucks has initiated legal action in the US against a mobile marijuana retailer that operates under “Starbuds Flowers,” alleging trademark infringement, Bloomberg Law has reported.
The lawsuit, filed in the US District Court for the Southern District of New York, claims that Starbuds’ logo is “confusingly similar and nearly identical” to Starbucks’ iconic green siren emblem.
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It targets Brandpat, the operator behind Starbuds, with claims of copyright and trademark infringement, as well as trademark dilution under both New York state and federal law.
According to the complaint, Starbuds’ use of a double-ringed green circle, capital letters and a siren image, along with a phonetically similar name, is an attempt to mimic the Starbucks brand.
The cannabis retailer allegedly uses the logo on a re-purposed food truck, its website and its products.
The coffee company has been using its trademark since the 1970s and argues that Starbuds “clearly trades on the recognition of the extensive consumer recognition of Starbucks,” according to the filing.
Starbucks first became aware of the alleged infringement in March 2023 and sent a cease and desist letter to the company in August of that year.
After receiving no response, Starbucks issued a takedown notice under the Digital Millennium and Copyright Act to Starbuds’ website hosting service provider in January 2024.
Further efforts to engage the New York State Office of Cannabis Management in March also went unanswered.
Starbucks is represented by Santomassimo Davis, a law firm based in Parsippany, New Jersey, US.
