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Starbuds has to quit using the name and logo and destroy all products containing the images.
A New York-based cannabis company that based its name and logo on the massive coffee chain Starbucks (NASDAQ: SBUX) logo has been ordered by U.S. District Judge Lorna G. Schofield to quit using the name. The judge told Brandpat LLC, which is doing business as Starbuds Flowers, to remove from the marketplace all internet, television, radio, print or other advertisements depicting the Starbuds logo or Starbuds mark.
In addition, the company must destroy all products, labels, signs, prints, packages, wrappers, receptacles, advertisements, or other materials that use the logo or mark. The company was given 30 days to comply.
Law360 reported thatĀ Brandpat failed to respond to the litigation and the Seattle-based coffee chain filed for default judgment, which Judge Schofield granted last week.
Green Market Report previously wrote in July that Starbucks filed a federal and state lawsuit against a marijuana truck in New York City thatās been slinging weed under the moniker Starbuds Flowers, with an obvious knock-off of the Seattle coffee giantās green siren logo with a lit joint added to the graphic.
Starbucks first sent a cease-and-desist letter to Starbuds and its registered agent, Terence Brandon, back in August last year. Starbucks sent another letter in September, and then again in January adding a ātakedown notice of copyright infringementā order from its lawyer for the Starbuds website. Starbucks sent another cease-and-desist letter this past February. All of them were ignored, the lawsuit stated.
While Starbucks went after the Starbuds truck, it hasnāt gone after several other companies that lacked creativity in creating a unique company name. The Star Buds dispensaries are owned by Medicine Man Technologies, which does business as Schwazze (OTCQX: SHWZ). The Colorado-based retail chain also has locations in Illinois, Maryland, Mississippi, Oklahoma and Jamaica. The company is also planning on opening a Star Buds dispensary in New York. The logo for Star Buds uses a star image in its logo and doesnāt seem to replicate the coffee chainās image as much as Starbuds Flowers did.
āStarbucks is committed to protecting the brand weāve worked to develop for over 50 years and will take appropriate action when necessary to prevent misrepresentation of our brand by third parties,ā a Starbucks spokesperson told Green Market Report in July.
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