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NH Law Firm Wins Battle Against Starbucks

Published Monday Nov 18, 2013

Sheehan Phinney Bass & Green litigation partners Christopher Cole and John-Mark Turner recently won a long battle on behalf of Sheehan client, Black Bear Micro Roastery, in a trademark infringement and dilution case brought by Starbucks.

In 2001, the Tuftonboro premium coffee roaster was sued by Starbucks for trademark infringement and dilution under federal and state law in a federal district court in New York. Starbucks alleged that Black Bear’s use of the name “Charbucks Blend” to describe a deep roasted coffee infringed, blurred, and tarnished its famous trademarks.  

After losing in the district court, Starbucks appealed the case to the United States Court of Appeals for the Second Circuit. The case was twice sent back to the District Court by the Court of Appeals. Black Bear prevailed in front of the District Court on each occasion. On November 15, after 12 years of litigation, the Second Circuit agreed with the District Court and rejected all of Starbucks’ claims.             

Chris Cole is a shareholder at Sheehan Phinney Bass + Green, which is headquartered in Manchester, and the chair of the Business Litigation practice group. He has successfully handled cases involving trade secrets related to: software and software applications; the alleged misuse of company proprietary information and predatory employee hiring; trademark and trade dress infringement in connection with the look and feel of graphical user interfaces and consumer product packaging; and numerous other business, employee and employment related disputes.

John-Mark Turner is a shareholder at Sheehan Phinney Bass + Green. He has worked on a variety of matters in both state and federal courts with a focus on commercial litigation. John-Mark’s practice also concentrates on insurance and ERISA litigation, intellectual property litigation and tax litigation.

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