letsgetcaking Posted 4 Jan 2014 , 1:59pm

Have you read Exit 6 Pub's response to the Cease and Desist letter it received from Starbucks? My husband and I had a good laugh over it. I would like to know if Starbucks is going to continue to pursue this. I think the pub is probably going to end up with increased business after this fiasco and the publicity. Thoughts?

 

http://www.huffingtonpost.com/2013/12/31/best-response-starbucks-cease-and-desist_n_4524621.html

13 replies
matthewkyrankelly Posted 4 Jan 2014 , 2:52pm

The take away from this is there are legal firms scanning the internet for any mention of copyright infringement.  You can be sure that there are companies scanning for pictures with any mention of their companies.  Cease and desist letters cost very little and provide evidence to the big companies that the lawyers are worth it.

 

I would expect many more of these for local bakeries and Facebook posters. 

letsgetcaking Posted 4 Jan 2014 , 3:00pm

I think you may be right about that. It is very easy to search the internet for offending businesses. Even though the brewery's response was written in a "stick-it-to-the-man" tone, they did say they would stop using the name, so they did comply with the request to cease and desist.

costumeczar Posted 4 Jan 2014 , 3:22pm

they have to set the precedent of pursuing everything in case they do end up taking someone to court. It was a funny letter, though.

jason_kraft Posted 4 Jan 2014 , 3:33pm

AIt's a funny letter, but if Starbucks pursues further action Exit 6's resulting legal bill probably won't be so amusing. And if Exit 6 does stop using the trademarked name then the C&D worked perfectly in that Starbucks got a win without unnecessary expense.

letsgetcaking Posted 4 Jan 2014 , 4:53pm

Quote:

 they have to set the precedent of pursuing everything in case they do end up taking someone to court. It was a funny letter, though.

Costumeczar, does that mean that if another coffee company came along and started selling mass amounts of Frappuccinos, Starbucks could lose in a legal battle against them if they had not pursued action against the brewery? 

letsgetcaking Posted 4 Jan 2014 , 4:54pm

Quote:

 It's a funny letter, but if Starbucks pursues further action Exit 6's resulting legal bill probably won't be so amusing. And if Exit 6 does stop using the trademarked name then the C&D worked perfectly in that Starbucks got a win without unnecessary expense.

Since Exit 6 says they have already stopped using the name, my guess would be that Starbucks will drop it.

jason_kraft Posted 4 Jan 2014 , 4:58pm

A

Original message sent by letsgetcaking

[COLOR=404040]Costumeczar, does that mean that if another coffee company came along and started selling mass amounts of Frappuccinos, Starbucks could lose in a legal battle against them if they had not pursued action against the brewery? [/COLOR]

Losing a trademark requires a pattern of popular infringing usage of the trademark combined with ongoing failure to protect said trademark. Missing a few small occurrences of infringement here and then won't endanger the trademark, but a snowball effect is possible if larger companies see that the trademark is not being enforced.

More info: http://en.wikipedia.org/wiki/Generic_trademark

costumeczar Posted 4 Jan 2014 , 5:11pm

Quote:

Originally Posted by letsgetcaking 
 

Costumeczar, does that mean that if another coffee company came along and started selling mass amounts of Frappuccinos, Starbucks could lose in a legal battle against them if they had not pursued action against the brewery? 

I think they have to show that they care enough to try to protect it, basically.

costumeczar Posted 4 Jan 2014 , 5:12pm

I don't know why anyone drinks that stuff anyway, I don't even like coffee. Or beer, for that matter.

jason_kraft Posted 4 Jan 2014 , 5:16pm

AThe Ice Blended® from Coffee Bean & Tea Leaf is far superior to the lowly Starbucks Frappuccino® . The generic term used by competitors is "frappe".

scrumdiddlycakes Posted 4 Jan 2014 , 5:51pm

AI'm a coffee snob, I like Folgers :p

The letter was great, and it sounded to me like it wasn't even the pub themselves using the name. I'm tired though, so I don't trust my comprehension skills atm.

sbonham Posted 4 Jan 2014 , 7:29pm

The pub has changed the name of the brew to "F-Word" and is selling it.

http://finance.yahoo.com/news/missouri-bar-gets-cease-desist-195615520.html This is the link to the article I read.

letsgetcaking Posted 6 Jan 2014 , 11:57pm

Thank you all for your responses and links that you shared. It's been interesting to read up on this subject.

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