YOU SAY FRAPPICINO,
I SAY FRAPPUCCINO
A small brewpub in Cottleville, Missouri, received a letter from Starbucks because one of its customers referred to one of the pub's stout concoctions as a "Frappicino."
Below is the cease and desist letter along with the response of Exit 6 Pub and Brewery. (NOTE: The stout in question is now known as "The F Word" and is currently available).
Dear Mr. Britton,
It has recently come to Starbucks Coffee Co.'s attention that Exit 6 Pub and Brewery LLC ("Exit 6") is or was using the mark FRAPPICINO in connection with a stout-style beer crafted by the brewery. Exit 6's use of this closely similar mark in connection with beer is likely to cause confusion, mistake, or deception among consumers, who may mistakenly believe that Exit 6 or this beer product is affiliated with or licensed by Starbucks Coffee Co., when they are not.
Accordingly, Starbucks Corporation requests Exit 6's written assurances that it will:
- Cease and desist all use of the term "Frappicino" or any other mark in connection with your products or brewery.
- Agree to refrain from further use of any of Starbucks Coffee Co.'s trademarks in the future, as well as any marks that are likely to cause confusion with or dilution of those marks.
Very truly yours,
HONIGMAN MILLER SCHWARTZ AND COHN LLP
Anessa Owen Kramer
THE RESPONSE
Dear Ms. Owen Kramer - cc Mr. Bucks
I represent Exit 6 Pub and Brewery LLC "Exit 6." I am writing in response to your letter in regards to the "Frappuccino" (at risk of further lawsuits, heretofore known as "The F Word") beer. As you probably don't know, Exit 6 is the proud owner of no trademarks including our own name much less than the name "F Word" and nothing about Exit 6 is incontestable.
I would like for both Ms. Owen Kramer and Mr. Bucks to rest assured we meant no deception or confusion in the naming of the beer F Word. We never thought that our beer drinking customers would have thought that the alcoholic beverage coming out of the tap would have actually been coffee from one of the many, many, many stores located a few blocks away. I guess that with there being a Starbucks on every corner of every block in every city that some people may think they could get a Starbucks at a local bar. So that was our mistake.
We want to be sure that Ms. Owen Kramer and Mr. Bucks know that Exit 6 and the 3 customers that checked into the beer known as the F Word feel just awful about calling a beer the F Word. We are bad people. We feel shame. But know this, Exit 6 has ceased and desisted all use of the F Word and there will be absolutely no further use of the F Word in the naming of any further Exit 6 beers. We also promise to stop production of our "Starbuck-McDonalds-Coca Cola-Marlboro Honey Lager" for fear of further repercussions.
Furthermore, in an effort to remain in good standing with Starbucks and Mr. Bucks in general, please find enclosed a check for the full amount of profit gained from the sale of those 3 beers. Please apply the enclosed $6.00 towards the legal fees Ms. Owen Kramer received for her efforts in nabbing Exit 6 in our dastardly F Word naming practices. We realize Mr. Bucks probably paid her more than Exit 6 made last year. We just want to help a business like Starbucks. Us small business owners need to stick together.
I just want to apologize again for any damage Exit 6 did to Starbucks. I certainly didn't intend to cause any harm to the Starbucks name.
Apologizing Again
Jeff Britton
Owner - Exit 6 Pub and Brewery
PS - Can we name the beer "Phrappaccino"?
PPS - Is the name "Honigman Hefeweisson" ok?
PPPS - Ms. Owen Kramer, do you know Mark A? You guys fixed a ticket for him around 2005. He was doing a 103 in a 70.
PPPPS - Go Blues!
Read the full article here: Starbucks Cease and Desist
