bus 154 case 5 - manner that is “likely to cause...

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Starbucks Corporation v. Lundberg 07-2660 FACTS: Starbucks corporation, a major purveyor of specialty coffees and coffee products in North America, filed a trademark infringement suit against Samantha Lundberg for her use of “Sambucks” as the name of her coffee shop which sold coffee and coffee-related items. Lundberg was aware by using the name “Sambucks”, it might caused consumers to believe her coffee shop may be affiliated with Starbucks. ISSUE: Was Lundberg liable for a trademark violation by using the name “Sambucks”? LAW: Section 32 of the Lanham Act prohibits a defendant from using in commerce “any reproduction, counterfeit, copy, or colorable imitation of a registered mark” in a
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Unformatted text preview: manner that is “likely to cause confusion, or to cause mistake, or to deceive.” ANALYSIS: It was brought to the court’s attention that Lundberg was aware of Starbucks and the Starbucks trademark, and intentionally adopted the “Sambuck’s” name to trade off of the goodwill and premium reputation that Starbucks had developed. Many consumers who encounter “Sambuck’s Coffeehouse” automatically think of Starbuck’s and think the coffee shop is associated with the Starbucks chain. CONCLUSION: The United States District Court found Lundberg in infringement trademark violation under Lanham Act....
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