Starbarks

Copying trademarks is a different animal than copying copyrighted goods. But there are many interesting cases of trademark copying, and a surprising number of these involves dogs.

Famously (to IP lawyers) “Chewy Vuitton” dog chew toys were sued by Louis Vuitton, but prevailed because Chewy Vuitton toys were deemed a parody of a very famous mark that few, if any, customers would think was actually made by LV.

Recently, a similar dispute has unfolded over “Starbarks” dog care. Starbucks isn’t a fan and has threatened legal action. As the Chicago Sun-Times reports, the Starbarks team has suggested some fixes, but to no avail:

It’s true that the Starbarks Dog Daycare logo looks a lot like those green, black and white signs that beckon coffee drinkers into Starbucks.

But Starbarks clients seem to think it’s cute — not confusing. “Can Starbucks seriously be more petty?!” wrote one supporter in a typical comment on Starbarks’ Facebook page.

“I love the name. Everyone loves it. It’s clever,” McCarthy-Grzybek said. “It’s not like we sell coffee or anything they do.”

She added that she has offered to change the green in the logo to yellow and the stars to paws, but Starbucks wasn’t biting.

This case, like many others involving well-known marks, relies on the idea of trademark dilution. The underlying notion is that while no one will be fooled into thinking Starbucks is now in the dog care business, uses like Starbarks will ultimately erode the value of the Starbucks mark, either by blurring its meaning or tarnishing its reputation for quality. As our friend Rebecca Tushnet notes in the story, “Often this is not a battle that the small businesses can afford to fight in court. They can only fight in the court of public opinion.”