Sunday, May 19, 2024

Starbucks Sue Siren-themed Coffee Brand Again

There's a dispute over the "siren" logo between Starbucks and an Alaskan, US-based coffee and apparel company and it has been ongoing for six years now.
 
Starbucks are again suing the said company, Mountains and Mermaids. The former kind of half won a previous case in which they argued that the company's Siren's Brew coffee brand could confuse consumers. 
 
But now they're complaining that the company are continuing to sell coffee using the fish-woman name and imagery. The original hand-drawn Starbucks logo was created in 1971. The brand identity has evolved since then, but the logo continues to show a siren, which Starbucks thinks should prevent other brands from mixing the mythical sea creature with caffeinated beverages. 
 
FYI, the idea behind the logo was that it was believed that sirens lured sailors with their beautiful voices to a shipwreck off the coast. Drawing on this as inspiration, the founders wanted to give off the idea that Starbucks seduces coffee lovers.
 
The case goes back to 2019, when the United States Patent and Trademark Office (USPTO) rejected Starbucks' attempt to trademark the Siren's Blend name because Mountains and Mermaids had already trademarked Siren's Brew. [Note: Starbucks had introduced a new coffee, Siren’s Blend, on September 24, 2019!] 
 
Starbucks were miffed about that. They filed an opposition to Mountains and Mermaids' trademark, arguing that even the use of the word "siren" in relation to coffee infringed on their brand, not to mention imagery of the said siren drinking coffee.
 
Despite significant differences in style, the Seattle coffee giant argued that Mountains and Mermaids' illustrations of sirens play on their own logo design. They also claimed that the word "siren" is used as a verbal shorthand for Starbucks and thus constitutes a de facto trademark. 
 
They also complained about the brand's apparel, which features phrases like "A siren needs her morning coffee before a long day of wrecking ships & drowning men".
 
The result was mixed. USPTO's Trademark Trial and Appeal Board (TTAB) found that Mountains and Mermaids sirens could cause confusion when it came to coffee but not when it came to the clothing. 
 
Starbucks then offered to cover Mountains and Mermaids' costs if they would file a trademark for "Mermaid's Brew" instead of "Siren's Brew". The company turned down the offer.
 
And so, Starbucks are now seeking to stop them from using the Siren's Brew name and imagery.

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