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Starbucks sues tiny indigenous-owned coffeeshop for "trademark infringement"

fight corporate evil | 11.05.2003 20:54



Three years ago, Darin Swanson and his partners christened their HaidaBucks cafe. Now the coffee shop in the Queen Charlotte Islands (British Columbia, Canada) is being sued by the Starbucks company, which says the name is too familiar to their own. "I guess they have a problem with the word 'bucks' in our name. They're letting us use the word Haida -- nice of them," Swanson said. Swanson and his partners -- all members of the Haida Nation -- insist they have aboriginal rights to the name and will not be ground down. Swanson had never set foot in a Starbucks coffee shop.

HaidaBucks Continues Its Defense Against Starbucks®

The support for HaidaBucks, a small, indigenous-owned café on Haida Gwaii, continued to mount in the second week following news reports that it was being sued by Starbucks® for trademark infringement.

HaidaBucks has secured the services of noted counselor Joseph Arvay, of Arvay and Finlay, Barristers, to represent them. This is not the first time Mr. Arvay has worked with Canada's indigenous peoples. He represented Delgamuukw before the Supreme Court of Canada and is now counsel for the Haida Nation in their aboriginal title claim.

In the past week, Starbucks has attempted to settle the matter quickly, perhaps due to the strong outpouring of support HaidaBucks has received. This past week, they offered to give the small café until the end of the year to change its name, and to "reimburse HaidaBucks for some portion of the reasonable costs associated with changing its trademark."

Darin Swanson, co-owner of HaidaBucks stated that they will not comply. "We've been using the term "bucks" in our Nation for far longer than Starbucks has," said Swanson. "I played on a Massett basketball team with that name. We use the term "bucks" to refer to young men. They're not just telling us to change our name, they're telling us to give up our pride in ourselves and our heritage."

HaidaBucks also points out that their logo was created by world-renowned Native artist Jim Hart of Old Masset. "From the very beginning," said Swanson, "this has been about pride in ourselves and our Nation. We are Haida bucks; it only makes sense that we named our business after ourselves."

Swanson also noted that the HaidaBucks web site -  http://www.haidabuckscafe.com - received slightly more than 40,000 visitors in the week ending Friday, May 2, 2003. "We're now approaching the 100,000 visitor mark," said Swanson. "We hope to pass that this week, and reach 150,000 in the first full month of operations." He also added that they are updating the site weekly to keep supporters informed of the latest activity.

HaidaBucks was founded in May, 1999, by three members of the Haida Nation and one non-Haida with a Haida family. Located in the village of Masset (on Haida Gwaii in the Queen Charlotte Islands off the North coast of British Columbia), the café serves salads, soups, and a variety of sandwiches and subs in addition to its line of hot and cold beverages.

fight corporate evil
- Homepage: www.haidabuckscafe.com/news.htm

Comments

Hide the following 6 comments

More 'Bucks Abuse

11.05.2003 23:01

Last August of 2002, Samantha Bucks of Astoria, Oregon was also sued by Starbucks for having her shop be known in town as Sam's Bucks.

here are the web addresses for the articles on this case that were provided by Portland Indy Media users

 http://home.attbi.com/~mobyd/Sambucks/SamBucks.htm

This address is for a Seattle Times that ran on March 14, 2003 that mentions the Sam Bucks case.

 http://seattletimes.nwsource.com/html/businesstechnology/134652848_trademark14.html

Andrea Pdx


Boycott Starbucks!

12.05.2003 15:41

Along with the rest of corporate America, Starbucks needs to be boycotted worldwide!


See below for more:

STOP NYC Inc.


McDonald's v McChina

12.05.2003 17:18

Bullyboy tactics are the norm for these bastards, but you can fight back.

They hate the bad publicity that a case generates.

McDonald's tried it on, but when they did with McChina they found they had bitten off more than they could chew, and not only did they end up losing the case, but had worldwide BAD publicity.

see BVEJ newsletter #0020 January 2002

 http://bvej.freewebsites.com/news0020.htm

and

Keith Parkins, McChina v McDonald's, UK Indymedia, 4 December 2001

and on the web (check out the essays on globalisation)

 http://www.heureka.clara.net/gaia/

Keith Parkins
- Homepage: http://bvej.freewebsites.com/


Coffee

12.05.2003 17:26

Apart from trampling over those who dare dare set up a coffee bar with a similar name, Starbucks will flood a locality with coffee bars to drive out the competion.

Apart from walking all over rival coffee bars and treating their own staff in a similar manner, Starbucks are also treating growers in a similar manner.

They are buying shit coffee, which is forcing down the world price.

Check out Coffee in BVEJ #0035 April 2003

 http://bvej.freewebsites.com/news0035.htm

Keith Parkins
- Homepage: http://bvej.freewebsites.com/


insanity

12.05.2003 18:58

can't understand the 'sams bucks' one as there was clearly no intent to pass off the starbucks trademark, the business isnt a coffee retailer etc... no intent to confuse the consumer. The other one is a bit more legally risque, its not a good idea really to use a similar name to an already registered and legally recognised franchise trademark.

just call you store 'ethical coffee' and be done with it.

objective


Sambuck's Coffee House Still Alive www.SambucksCoffeeHouse.com

17.01.2004 05:32

I hope that all the small coffee shops hang in there.
It's amazing that pathetic starbucks doesn't claim all rights to the word coffee.
They use their money to abuse people and slap around small businesses until they run out of money to defend themselves or get scared and leave.
We need to support all small businesses and help keep them alive. This world will become very dull with only 3 or 4 companies running it all.
Recently starbucks has muscled its way into Paris, what a shame. Paris will not be the same. These of course are my opinions, and not that of the coffee shops.

www.Sambuckscoffeeshop.com

www.IraqWarHeroes.com


Q Madp
mail e-mail: starbuckssucks@qfocal.com
- Homepage: http://www.SambucksCoffeeHouse.com