Federal District Court Opinions

STARBUCKS CORPORATION v. LUNDBERG, (Ore. 2005) STARBUCKS CORPORATION, a Washington corporation; and STARBUCKS U.S. BRANDS CORPORATION, a California corporation, Plaintiffs, v. SAMANTHA LUNDBERG, an individual dba SAMBUCKS COFFEE, Defendants. Civil No. 02-948-HA. United States District Court, D. Oregon. November 29, 2005

Elizabeth Schwartz, Perkins Coie, LLP, Portland, Oregon.

John C. Rawls, Fulbright & Jaworski, LLP, Los Angeles, California, Attorneys for Plaintiffs.

Kurt M. Rylander, Rylander & Associates PC, Vancouver, Washington, Attorneys for Defendants.


ANCER HAGGERTY, District Judge

This Court, upon review of the pleadings, submissions by
all parties, sworn testimony of witnesses and other
evidence introduced by the parties, makes the following
findings of fact and conclusions of law:



Plaintiff Starbucks Corporation (Starbucks) is a
corporation organized and existing under the laws of the
State of Washington, with its principal place of business
located in Seattle, Washington. Since 1971, it has done
business under the trade names “Starbucks,” “Starbucks
Coffee Company” and “Starbucks Coffee.”


Plaintiff Starbucks U.S. Brands L.L.C. (U.S. Brands) is a
limited liability company organized under the laws of the
State of Nevada, with its principal place of business
located in Minden, Nevada. U.S. Brands is an indirectly
held subsidiary of Starbucks Corporation.


U.S. Brands is the owner of at least 60 valid United
States trademark registrations comprising of or
incorporating the mark “Starbucks,” including but not
limited to Registration Nos. 1,372,630; 1,444,549;
1,452,359; 2,073,104; 2,086,615; 2,091,940; 2,176,974;
2,176,977; 2,178,663; 2,180,757; 2,180,760; 2,180,761;
2,189,460; 2,236,553; 2,696,594; 2,039,849; 2,024,105;
2,102,737; 2,047,491; 2,104,933; 2,236,554; 2,178,662;
2,178,664; 2,178,665; 2,189,461; 2,228,587; 2,184,259;
2,227,836; 2,227,837; 2,227,835; 2,035,005; 2,177,000;
2,475,540; 2,282,913; 1,417,602; 1,542,775; 1,815,937;
1,815,938; Page 3 1,891,561; 1,893,602; 1,943,361;
2,028,943; 2,030,878; 2,091,941; 2,120,653; 2,176,975;
2,176,976; 2,180,758; 2,180,759; 2,266,351; 2,266,352;
2,277,174; 2,325,182; 1,098,925; 2,553,708; 2,696,192;
2,227,639; 1,758,589; 1,821,547; and 2,839,122.


Starbucks Corporation is a licensee of all of the
foregoing trademarks.


Defendant Samantha Lundberg is an individual residing and
doing business in the State of Oregon. Lundberg owns and
operates a business under the name “Sambuck’s Coffeehouse,”
which sells coffee and coffee related products.


A. Starbucks and Its Marks.


Over the past thirty-four years, Starbucks has expanded to
over 9,800 retail locations in the United States, Canada
and thirty-three foreign countries and territories.
Starbucks also supplies premium, fresh roasted coffee to
restaurants and other accounts throughout the world.
Starbucks’ revenues for fiscal year 2004 were $5.3 billion,
a substantial increase over fiscal 2003 revenues of $4.1
billion. Starbucks is the largest and best-known purveyor
of specialty coffees and coffee products in North America.


Since 1971, Starbucks has used the “Starbucks” trademark
to identify its goods and services. For thirty-four years,
Starbucks has used the Starbucks® mark both to identify its
goods and services and as the name of the company. The
Starbucks® mark is the subject of Page 4 more than sixty
trademark registrations issued by the United States Patent
and Trademark Office, and has been registered in more than
130 foreign countries.