After the Supreme Court handed down the Victoria's Secret decision in March 2003, many trademark experts and lawyers were left scrambling to figure out how to prove trademark dilution. Starbucks, however, may have a new case to test the requirements of the Federal Trademark Dilution Act -- Starbucks v. Starbock Beer. In Galveston, Texas, the case between Starbucks U.S. Brands Corp. and Rex Wayne Bell continues. Bell owns a bar in Galveston and attempted to register "Starbock Beer" as a trademark in 2003. Starbucks opposed the registration and Bell filed this declaratory judgment action asking the court to find that his use of the name Starbock Beer in connection with alcoholic beverages is not confusingly similar to or in conflict with Starbucks' marks. Starbucks suggests that the mark "is both derivative of and dilutive of their trademark rights." Now that mediation between the parties has failed, the case has been scheduled for a March 2005 trial date.
Posted by franchiselawblog at August 20, 2004 10:27 AM