May 5 Starbucks Corp may be in a bit of
hot water over its Unicorn beverage as a New York City coffee
shop has filed a federal trademark infringement lawsuit against
the coffee chain over the popular drink, court documents showed.
The End Brooklyn and its owner, Montauk Juice Factory, said
it created the Unicorn Latte, its own bright pink and blue
drink, and began selling it in December, four months before
Starbucks launched the Unicorn Frappuccino, according to a
lawsuit filed on Wednesday in U.S. District Court in New York.
Montauk Juice Factory filed a trademark application for the
Unicorn Latte on Jan. 20 after the popularity of its drink
soared, accounting for about a quarter of the store's sales
since its launch, it said in the suit.
In addition to similar names, the similar appearance of the
drinks creates confusion within the market, the coffee shop
noted in the suit.
By creating and marketing such a similar product, Starbucks
should be "held accountable for infringing, diluting and
otherwise diminishing" the plaintiffs' intellectual property
value, the lawsuit said.
The coffee shop and its owner is asking the court to order
Seattle-based Starbucks to pay them all profits made from the
Unicorn drink and for any losses that they incurred, the lawsuit
Starbucks said it believed the lawsuit's claims were without
"The Starbucks Unicorn Frappuccino blended beverage was
inspired by the fun, spirited and colorful unicorn-themed food
and drinks that have been trending in social media," the company
said in an email, adding that it was offered for a limited
period in April and was no longer available.
(Reporting by Brendan O'Brien in Milwaukee; Editing by