Starbucks Corp. v. Wolfe's Borough Coffee, Inc.
United States Court of Appeals for the Second Circuit
588 F.3d 97 (2009)
Relevant factsFree
Small New Hampshire roaster Wolfe's Borough Coffee (defendant) sold coffee blends called 'Charbucks Blend' and 'Mister Charbucks' with packaging clearly identifying itself as the producer, and Starbucks (plaintiff), after failing to show actual dilution under the original statute, pursued its dilution-by-blurring claim again after Congress's 2005 amendments eliminated the actual-dilution requirement; the district court again dismissed, finding no substantial similarity between the marks.
IssueFree
Whether the similarity between a famous trademark and an allegedly diluting trademark is the determinative factor in establishing dilution by blurring.