Starbucks asserted before the HC that on a telephonic conversation with the director of LOL Cafe, its advocate was assured that they would cease all use of the mark ‘FRAPPUCCINO’ and will update their electronic menu cards which are listed on third-party portals like ‘Zomato’ and ‘EazyDiner’.
Awarding litigation costs of over Rs. 13 lakh, the Delhi High Court recently held in favour of popular coffeehouse chain Starbucks Corporation and permanently restrained a Jaipur-based cafe for using its registered Frappuccino trademark illegally.
A single judge bench of Justice Navin Chawla was hearing a plea moved by the American multinational corporation claiming that it is the “registered proprietor of the trademark ‘FRAPPUCCINO’”, wherein the HC held that Starbucks has a “worldwide reputation in the said mark”.
Holding in favour of the corporation the HC held that, “The adoption of the mark ‘FRAPPUCCINO’ by the defendants is dishonest, and is intended to deceive an unwary consumer. It amounts to infringement of the plaintiff’s trade mark and would also result in passing off the goods of the defendants as that of the plaintiff’s (Starbucks)”.
Starbucks sought an order for “permanently restraining” the defendant cafe from infringing its registered trademark ‘FRAPPUCCINO’ or using the said trademark or any other similar trademark in relation to its goods and services. Starbucks also sought damages, rendition of accounts of profits illegally earned by the defendants (operator of the cafe and the cafe itself); and for an order of delivery and handing over of all the impugned goods, menu cards, and all other goods of any nature bearing and/or containing ‘FRAPPUCCINO’ trademark, to Starbucks for its destruction.
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