Starbucks has been in dispute with Alaska-based Mountains and Mermaids for several years. It kind of half won a previous case in which it argued that the company's Siren's Brew coffee brand could confuse consumers. But now it complains that the company is continuing to sell coffee using the fish-woman name and imagery.
The original hand-drawn Starbucks logo was created in 1971. The brand identity has evolved since then, but the logo continues to show a siren, which Starbucks thinks should prevent other brands from mixing the mythical sea creature with caffeinated beverages.
The case goes back to 2019, when the United States Patent and Trademark Office (USPTO) rejected Starbuck's attempted to trademark the Siren's Blend name because Mountains and Mermaids had already trademarked Siren's Brew. Starbucks was a bit miffed about that. It filed an opposition to Mountains and Mermaids' trademark, arguing that even the use of the word 'siren' in relation to coffee infringed on its brand, not to mention imagery of said siren drinking coffee.
Despite significant differences in style (it's not exactly as blatant as the Russian Starbucks knockoff), the Seattle coffee giant argued that Mountains and Mermaids' illustrations of sirens play on its own logo design. It also claimed that the word 'siren' is used as a verbal shorthand for Starbucks and thus constitutes a de facto trademark. It also complained about the brand's apparel, which features phrases like 'A siren needs her morning coffee before a long day of wrecking ships & drowning men'.
The result was mixed. The TTAB found that Mountains and Mermaids sirens could cause confusion when it came to coffee but not when it came to the clothing. Starbucks then offered to cover Mountains and Mermaids' costs if it would file a trademark for 'Mermaid's Brew' instead of 'Siren's Brew'. The company turned down the offer. Now Starbucks is seeking to stop it from using the Siren's Brew name and imagery.
