| (June 20, 2008. Manchester NH.) - Christopher Cole and John-Mark Turner, shareholders of the law firm of Sheehan Phinney Bass + Green PA, recently represented a small New Hampshire coffee purveyor, Black Bear Micro-Roastery, in defense of trademark infringement allegations in a David and Goliath-like case against Starbucks.
In 2005, Starbucks sued the defendant, a Wolfeboro, New Hampshire-based gourmet coffee roaster operating under the name Black Bear Micro-Roastery. Starbucks alleged that Black Bear's use of the names "Mr. Charbucks" and Charbucks Blend" for one of the coffees sold by the small coffee roaster constituted trademark infringement and trademark dilution under federal and state law. Black Bear prevailed at trial, and Starbucks appealed to the United States Court of Appeals for the Second Circuit.
While on appeal, Congress enacted the Trademark Dilution Revision Act of 2006 ("TDRA"). The TDRA changed prevailing law to allow federal dilution claims based on a likelihood of dilution, rather than the more demanding actual dilution standard that had prevailed since the Supreme Court's 20003 decision in Mosley v. V Secret Catalogue. Without deciding the merits of the suit, the Court of Appeals remanded the case back to the United States District Court in New York City to consider Starbucks' claims under the new law. Even under the new law, the District Court reaffirmed its earlier decision that Starbucks has not shown any infringement or dilution of its trademarks. This order marks one of the earliest decisions in the country involving the TDRA.
Attorney Cole has successfully handled cases involving trademark and trade dress infringement, copyright infringement, trade secrets related to software and software applications; the alleged misuse of company proprietary information; and other business, employee and employment related disputes. He also is active in shareholder and partnership disputes and commercial disputes and legislation.
Attorney Turner has worked on a variety of matters in both state and federal courts with a focus on business and tax litigation. Prior to joining the firm, Turner served as law clerk to the Honorable Michael Murphy, Judge for the United States Court of Appeals for the Tenth Circuit. His practice also focuses on insurance coverage disputes, litigation on behalf of companies on ERISA claims, and intellectual property matters.
Founded in 1937, Sheehan Phinney has grown to 58 attorneys with four offices throughout New Hampshire and Massachusetts. The firm provides a full range of legal services to businesses, institutions and non-profits throughout New England and the United States. The firm is known for professional excellence, practical counsel and commitment to both its clients and the communities it serves. Sheehan Phinney is the exclusive member in New Hampshire of Lex Mundi, the world's leading association of independent law firms.
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