A Starbucks brand on a cup. Starbucks alleges that the Siren’s Brew Espresso Co. title and blue fish/human-like Siren’s Brew brand might trigger confusion amongst customers.

Seattle-based espresso big Starbucks is suing a mother-and-daughter-owned small enterprise referred to as Mountains & Mermaids, alleging trademark violations associated to its siren-mermaid brand and branding.

Starbucks filed swimsuit in United States District Courtroom, Southern New York District, final week, though the authorized situation between the 2 corporations has been brewing since 2018.

Mountains & Mermaids (M&M), which is predicated outdoors Baton Rouge, Louisiana, in Livingston Parish, launched in 2017, promoting nautical-inspired attire. In 2018, the corporate started roasting and promoting espresso beneath the model title Siren’s Brew Espresso Co., in response to courtroom paperwork and earlier information experiences.

Alongside different M&M sub-brands reminiscent of Mom Ocean or Goddess of the Tides, the Siren’s Brew model encompasses a drawing of a mermaid with lengthy crimson hair and the decrease physique of a blue fish. The mermaid is sipping one thing out of a blue mug.

In 2018, Starbucks appealed Mountains & Mermaids’ registration software for the “Siren’s Brew” mark with the United States Patent and Trademark Workplace (USTPO) by way of the Trademark Trial and Attraction Board (TTAB).

The espresso big has alleged that the usage of a brand depicting a siren-mermaid, in addition to the title Siren’s Brew, are more likely to trigger confusion amongst customers.

The TTAB in the end sided with Starbucks concerning M&M’s espresso merchandise in Might 2023, though it allowed the Louisiana firm to proceed utilizing the Siren marks and title on its attire merchandise.

Subsequently, Starbucks in January of this 12 months acquired a federal registration from the USPTO for a separate “Siren’s Mix” mark in reference to espresso merchandise, which the corporate says may additional confuse the 2 manufacturers.

M&M has continued to promote espresso with the Siren’s Brew Espresso title and brand, and has not appealed the TTAB choice, in response to courtroom data. Starbucks is now asking the U.S. District Courtroom to intervene, whereas looking for monetary and injunctive aid.

“Each sale of a bag of M&M’s espresso beans and floor espresso beans beneath the Siren’s Brew Mark represents a sale in violation of the trademark rights owned by Starbucks and by which Starbucks can’t management the product high quality or circumstances of sale of infringing merchandise,” attorneys for Starbucks wrote within the lawsuit.

Mountains & Mermaids has not responded to DCN’s request for remark.

As of this writing, the corporate’s web site included a web page titled “Our Battle With Starbucks,” with the final revealed replace coming in August of 2023.

“The authorized course of is lengthy, sophisticated, and costly — particularly for small companies,” the house owners wrote on the time. “Moderately than attraction this ruling, now we have determined to focus our efforts on persevering with to offer the very best espresso and merchandise that we are able to to our prospects. We additionally plan to search for methods to enhance the authorized system to make it extra accessible for small companies like ours contemplating the USPTO simply elevated the value for companies to file a trademark software which is a detriment to small companies attempting to guard their model. When resolving a dispute earlier than a courtroom or company prices many 1000’s of {dollars} and takes a number of years, large companies have a inbuilt benefit, and that’s really a disgrace.”

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