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Starbucks is at it again. Last week it filed an intellectual property rights lawsuit against the owner of a Thai street vendor and called for his arrest. Yes, the basic design template, typography and color scheme are the same as the world-famous insignia. And that his star also has a moon. And green is the color of Islam. Good luck with that. Maslae appears to be on much shakier ground than another, well publicized Starbucks legal kerfuffle from back in He also sold T-shirts, mugs and stickers with his art on his website.
The company was not pleased. It sued him for both copyright and trademark infringement. Ultimately, with help from the Comic Book Legal Defense Fund and an intellectual property lawyer who worked pro bono , Dwyer was found innocent of copyright infringement.
This means he can use and distribute his creation. Marc H. Dwyer was found innocent of infringement because his adaptation of the iconic Starbucks logo was deemed a parody. However, he ran afoul of a relatively recent expansion of trademark law.
Rather, the graphic pokes fun at the company, in a distinctly disparaging way. Trademark law has been amended in recent years to include a different claim, a claim of trademark dilution.
But there was no way for me to fight the case all the way to the Supreme Court. I was just poking fun at myself and others who were hopelessly addicted to the crappy products Starbucks makes. It seemed ludicrous to me that they went past the reasonable step of a cease and desist letter and straight to a lawsuit.