A 2nd U.S. Circuit Court of Appeals has ordered a district court to re-examine whether New Hampshire-based Wolfe’s Borough Coffee’s use of the name “Mister Charbucks” or “Mr. Charbucks” infringed upon and diluted Starbucks’ trademark.
In Starbucks v. Wolfe’s Borough Coffee, 06-0435-cv, the circuit reversed a December 2005 decision by Southern District of New York Judge Laura T. Swain finding that Starbucks failed to prove wrongdoing either under the Federal Trademark Dilution Act or New York’s General Business Law �360-1.
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