Starbucks seems to be running into some legal trouble following its successful launch of the Unicorn Frappuccino. In fact, one New York City cafe is claiming that they had come up with their unicorn drink first.
Montauk Juice Factory Inc, the company that owns The End Brooklyn in New York City filed a complaint against Starbucks Corporation on Wednesday. According to the company, Starbucks’ Unicorn Frappuccino has “infringed” on its trademark over its very own drink, the Unicorn Latte.
Unicorn Latte came before the Unicorn Frappuccino, lawsuit challenges.
According to the Montauk Juice Factory, Inc. their cafe had launched the Unicorn Latte back in December 2016. To capitalize on the popularity of their product, they registered the name “Unicorn Latte” with the United States Patent and Trademark Office on January 20, 2017. Several months later, Starbucks launched its own hit unicorn drink. And when Starbucks introduced its new product, the company said they received no notification concerning the similarly named product. ” At no point prior to developing, marketing, and launching its product did Starbucks approach Plaintiffs for permission to use a name deceptively similar to Unicorn Latte,” copy of the complaint stated.
And when Starbucks began to publicize its Unicorn Frappuccino, the company said it created confusion between the two drinks. Montauk Juice Factory, Inc. says that some customers had started to refer to the Unicorn Frappuccino as a Unicorn Latte. Moreover, some customers had started to assume that the Unicorn Latte is a “copy-cat or knockoff” of the Starbucks drink. At the same time, customers have also been coming to The End, asking for a Unicorn Frappuccino. The two unicorn drinks, however, could not be any different. In fact, the only similarity between the two is that neither drink creations contain any coffee.
The two unicorn drinks are quite different from each other.
According to Starbucks, its Unicorn Frappuccino is a made with a crème Frappuccino with mango syrup and sour blue drizzle. It’s finished off with some vanilla whipped cream and sweet pink and sour blue powder topping. On the other hand, The End’s Unicorn Latte is said to be a “blend of fresh juices and healthy ingredients.” Moreover, it does not contain processed sugar, food dye or cow’s milk.
Furthermore, the lawsuit states that even if Starbucks had only offered its unicorn drink at a limited time, the damage had already been done. According to Montauk Juice Factory, the damage done its trademark and business “continues and, to an extent, may well be irreparable.” According to a report from ABC News, the company is now seeking for $10 million in damages from Starbucks.
Will there be a fight over mermaids next?
Meanwhile, as the lawsuit continues, The End seems to be marketing another drink that bears similarity to one of Starbucks’ recent popular drinks. Whereas Starbucks has a Mermaid Frappuccino, The End is calling their drink the Merbabe Latte.