Legal Question in Intellectual Property in California

I have a concession trailer and sell funnelcakes, besides that I sell Cappuccino coffees, Latte's etc., made with the use of Starbucks coffee Beans I buy at Costco's.

Can I advertise this on my Trailer and Menu with the use of the Logo or the use of a picture of

a pack of Starbucks coffee ?

To my opinion I should be allowed since I am only telling the consumer that my coffee is made by the use of Starbucks Coffee ( and they are ) I operate clearly under my own name; Best Bites Bakery.


Asked on 8/07/10, 8:16 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Don't use the logo. Just put it on a sign, Fresh Starbucks� Coffee. Include the �. If you wanted to get really fancy you could put up a sign in small type that says "Starbucks� is a trademark of Starbucks Coffee Corporation with which we are not affililated."

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Answered on 8/12/10, 9:17 pm
Kevin B. Murphy Franchise Foundations, APC

The other attorney is right on point. After all, you are (in a small way) helping build the Starbucks brand and you're being up front with your customers. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 8/13/10, 7:00 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There is a considerable amount of decided case law to the effect that owners of famous trademarks can control their downstream use. Although I can't recall the specific trademarks and downstream uses that resulted in the suits, I can say with some confidence that if Starbucks decided to make an issue of your displaying their trademark on your facility, you could be faced with a lawsuit that Starbucks might win.

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Answered on 8/13/10, 10:39 am


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