Thursday, October 24, 2013

Starbung Starbucks

Bad news brings bigger 'bucks' A trademark infringement lawsuit has turned into unexpected good fortune for a smalltime coffee vendor 






Starbung coffee vendor settles trademark dispute out of court.

A street stall coffee vendor in Bangkok has dropped his "Starbung Coffee" signboard after Starbucks took him to court for trademark infringement, the defendant said on Thursday.

"We met halfway in an out-of-court settlement," said Damrong Maslee, a Bangkok street coffee vendor whose legal tussle with the United States multinational has brought him social media fame in Thailand.
Last month, a Thai law firm filed a complaint on behalf of Starbucks Coffee Company against Damrong, 44, for not complying with an injunction issued in 2012 to remove the "Starbung Coffee" logo from his sidewalk stall in the Thai capital.
The international coffee giant demanded compensation of 300,000 baht (US$9,700s), plus 30,000 baht a month in legal fees.

Damrong Maslee poses in front of his sidewalk coffee shop on Phra Athit Road in Bangkok's Phra Nakhon district. (Photo by Pattanapong Hirunard)
"They agreed to drop the demand for compensation, and I agreed to stop using a circular sign for my coffee shop logo," Damrong told dpa.
He has also changed the name of his sidewalk coffee shop to "Bung's Tears," showing a man in a Muslim cap crying.
"Bung" means brother in Malay.
Damrong, a Muslim from the southern province of Krabi, moved to Bangkok five years ago to open a coffee stall on Phra Athit Road in Phra Nakhon district.
He advertised it with a green-and-white Starbucks-like round sign bearing the name "Starbung Coffee," and depicting a Muslim man at its centre with crescent moons on the side.
According to Damrong, the "Starbung Coffee" logo was inspired by Islam, featuring an old Muslim man at the centre. The Starbucks emblem features a mermaid.
His legal case with Starbucks brought him local fame, which has apparently been good for business.

Starbung Coffee owners - Damrong and Damras Maslae are summoned to show up at the Intellectual Property and International Trade Court on November 18, to explain why they are still using the old logo despite a legal dispute with Starbucks.



Starbucks demanded that the coffee vendors must stop using the logo, of which shape and colour is quite similar to the multinational coffee chain’s logo. The company’s lawyers showed the court a photo of the Thais’ sidewalk stall, taken on November 3.

Aside from the demand, the US multinational pressed for compensation of Bt300,000 plus Bt30,000 a month in legal fees.

Damrong and Damras did not appear at the court on Monday.

Their lawyer Nakorn Chomphoochart said that his clients have so far refused to engage in a talk with Starbucks, as they still don’t understand the laws involved. Meanwhile, he said that Starbucks should also be prepared to understand his clients, who insisted that the green-and-white logo, which depicts a Muslim man at its centre with crescent moons on the side, was inspired by Islam, not Starbucks. 



Bangkok - A Thai coffee vendor refused Wednesday to drop his "Starbung Coffee" logo, defying legal threats by US multinational Starbucks.

Last week, a Thai law firm filed a complaint on behalf of Starbucks Coffee Company against Damrong Maslae, 44, for not complying with an injunction issued in 2012 to remove the "Starbung Coffee" logo from his sidewalk stall in the Thai capital.

The international coffee giant has demanded compensation of300,000 baht (9,700 dollars), plus 30,000 baht (970 dollars) a monthin legal fees. An initial hearing has been set for November 4.

"I will fight the case," Damrong told dpa. "I may lose, becauseStarbucks is a big company with a lot of money, but I have alreadywon my case in the eyes of society," he said.

"My customers, both Thais and foreigners, have given me a lot ofmoral support," he said. "One client gave me 1,000 baht (33 dollars)to help fight my case and yesterday another paid 500 baht for a cupof coffee and told me to keep the change."

Damrong, a Muslim from Krabi province in southern Thailand,insisted that his green-and-white logo, which depicts a Muslim man atits centre with crescent moons on the side, was inspired by Islam, not Starbucks.