United States Second Circuit
Starbucks Corp. v. Wolfe's Borough Coffee, Inc., 12-364
The district court's judgment denying plaintiffs' request for an injunction pursuant to the Federal Trademark Dilution Act of 1995 (FTDA), prohibiting defendant from using "Mister Charbucks," "Mr. Charbucks," and "Charbucks Blend" marks is affirmed, where: 1) the district court did not clearly err in any of its factual determinations, including its evaluation of the six non‐exclusive factors bearing on whether a mark is likely to cause dilution by blurring; and 2) balancing those factors de novo, the district court correctly concluded that plaintiffs have failed to demonstrate a likelihood of dilution by blurring.
Appellate Information
- Decided 11/15/2013
- Published 11/15/2013
Judges
- LOHIER
Court
- United States Second Circuit