Daniel Lee has informed the IPKat of a coffee-flavoured dispute. Starbucks has successfully stopped Sam(antha) Buck of Astoria, Oregon from selling coffee under the name Sambuck’s, even though the device that she used was not similar to the Starbucks logo. The order against Ms Buck was made on the grounds of wilful trade mark infringement and dilution.
The IPKat is feeling quite smug that we have an own name defence in the UK. However, our own name defence involves an obligation on the defendant to use his mark in accordance with honest practices in industrial and commercial matters. Turning a two word name into a single word that resembles a well known trade mark may be seen as taking advantage of that mark, or as being otherwise not in accordance with honest practices.