The cannabis industry has plenty of enemies, from prohibitionists to Big Pharma. But one New York weed brand recently gained an unlikely foe: global coffee juggernaut Starbucks.
The company, Starbuds Flowers, is an unlicensed mobile marijuana service offering delivery and a food truck-style pop-up. Washington-based Starbucks filed a lawsuit in US District Court alleging Starbuds is infringing on its intellectual property, as first reported by Bloomberg.
RELATED: New York takes new offensive against illegal weed
Starbucks claims the NY weed company has “confusingly similar and nearly identical” website and truck branding that “clearly trades on the recognition of the extensive consumer recognition of Starbucks,” according to the court filing. However, the lawsuit must have rattled fear into the illicit operator—any similarities to Starbucks branding have seemingly been wiped from the Starbuds page.
The coffee behemoth reportedly sent a cease and desist letter to the pot company late last year and even filed a complaint with the New York Office of Cannabis Management (OCM). After getting no response, Starbucks decided to take more drastic measures with the lawsuit.
RELATED: How to tell the difference between licensed and illicit dispensaries
The lawsuit is yet another example of trademark infringement infiltrating the nascent cannabis space, although most of the legal action so far has centered around strain names. Last year, the parent company of Oreo cookies sent cease-and-desist letters to at least two cultivators of the popular Oreoz strain. Other varieties targeted include Zkittlez (now called the Original Z), Girl Scout Cookies (aka GSC), and Gorilla Glue (now referred to as GG).
Conversely, cannabis companies hoping to protect their intellectual property are often surprised to find themselves SOL since the plant is illegal at the federal level and IP is federally managed. It’s a serious issue not just for businesses seeking to secure their lineage legacies, but also for consumers hoping to build trust in the products they purchase.
