Today the Second Circuit vacated a judgment favoring a java shop that, over the objection of Starbucks, vended coffee under the name "Mister Charbucks". The court instructed the district court to reconsider on remand whether to grant Starbucks an injunction under a recent amendment to the federal Trademark Dilution Act. The statutory change lessened the necessary showing to "likely to cause to dilution" of the Starbucks trademark from "actual dilution". Starbucks Corp. v. Wolfe’s Borough Coffee, Inc., No. 06-0435 (2d Cir. Feb. 15, 2007).
Blawgletter enjoys strong coffee and wishes our friends at Starbucks good luck in avoiding dilution.
We’ve reported today on cases involving coffee and cigarettes. What next? Beer, anyone?