Overview:
Cannabis marketers often employ pot parodies to promote their products, but in what instances are these ploys trademark infringement? When Starbucks took on Starbuds in Manhattan, could likelihood of confusion consumer surveys have been used to snuff out the dispute?
Cannabis Case Facts
Starbucks Corporation is the world’s largest coffee chain. Starbucks sells coffee, various foods, and related promotional products, and its logo is a siren who lures sailors to shore. The Starbuds Flowers truck was a mobile cannabis dispensary, operating in New York City, that legally sold recreational marijuana products. The Starbuds Flowers Truck logo appeared to parody the Starbucks logo, with a mermaid smoking a rolled marijuana cigarette, or joint. Parodies of mainstream brands are used as marketing in alternative spaces, especially in marijuana marketing. But federal courts don’t think trademark infringement is a laughing matter.
Federal Court Stamps Starbuds Out
Starbucks Corporation filed a lawsuit in June of 2024, alleging infringement of its trademarked siren logo by the Starbuds parent company, Brandpat. The lawsuit also alleged that STARBUDS sounds similar to Starbucks and is likely to be confusing for consumers. Brandpat did not respond to the litigation, and U.S. District Judge Lorna G. Schofield eventually ruled in favor of Starbucks. That ruling ordered that all logos and products with the Starbuds branding be destroyed and names be discontinued.
Consumer Surveys, Pot Parody, and Trademark Actions
Starbucks protected its trademark without opposition in this case. However, if the action had gone further, either Starbucks or Starbuds could have introduced consumer surveys as evidence of likelihood of confusion or false advertising. MMR Strategy Group has experience conducting consumer surveys in actions arising from trademark and false advertising disputes in the cannabis industry.
If you are involved in trademark infringement litigation and require consumer survey research, contact MMR Strategy Group.
Read more about trademark protection and cannabis here.