Starpreya, a small coffee vendor in South Korea is not infringing the Starbucks trademark, a Korean court decided. Starpreya is named after the European god Preya while Starbucks is named after a character in Moby Dick. {Note: I could not locate any reference to a god Preya. In India it means “what is pleasant to a man or the senses”}. Despite the superficial resemblance of the marks, the court determined that consumers would not be confused into thinking the South Korean vendor was Starbucks. Perhaps it was the fact that the Korean cup of Joe does not cost $5, a dead giveaway this is no Starbucks.
What businesses should learn about trademark law is that the general legal standard for infringement is a “substantially similar” mark “likely to cause confusion” to the public as to the “source” of the product or service. There are other grounds such as dilution but these usually require a very strong mark, like CocaCola or Kodak.
An original, unique name, preferably one that has no meaning (Kodak) is the best kind of trademark. Always conduct a search of the Patent and Trademark Office (PTO) and hire an experienced attorney to file your application.
Source: Seattle PI via Bloomberg News
H/T: Igor
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