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Starbucks vs Sambucks

Publicity spurs business for independent coffee shop

by Glenn Reed, contributor

It appears that our local coffee leviathan is, once again, flexing itsmacho/mocha muscles in the face of another small coffee shop--this timein Astoria, Oregon.

The case is an interesting one in that the business being targeted byStarbucks for trademark infringement is called Sambucks. According toa media statement released by Starbucks back in July:

"Even where it seems playful, this type of misappropriation of ourname (and reputation) is both derivative and dilutive of ourtrademark."

At first glance one might assume "Sambucks" to be a play on the nameof the multinational coffee giant and that Starbucks has a very strongcase. If so, it would be comparable to another suit being brought bythe corporation against the Black Bear Micro Roastery of Tuftonboro,New Hampshire for naming one of their coffee blends "Charbucks." However, this was an admitted use of a variation of the Starbucks namewhile the catch with Sambucks is that it is owned and operated by awoman by the name of Samantha Buck-Lundberg,. She has gone by thenickname "Sam Buck" for most of her life.

Lundberg has lived in Astoria for 25 years and worked as a waitressand in real estate before buying the Astoria Coffee House a couple ofyears ago. She changed the name to Sambucks and later came up with asign/logo based upon a sketch of a mug made by her mother. Thebusiness is located right alongside the busy Route 101 in town.

"I saved the sketch and used it to make stamps and the ink I use isorange," notes Lundberg. "My coffee shop window has the mug painted onit also and there is no resemblance to the Starbucks logo."

Starbucks does not presently have a franchise in Astoria, but doesoperate one inside of a Fred Meyer store in the town of Warrington,about five miles distant. It is not known if plans are in the makingfor opening one and a Starbucks spokesperson did not respond on thisor any other questions from the WFP on the case, except by sending acopy of a media statement they issued on July 19.

However they are, apparently, worried that the presence of a nearbycoffee shop with a similar name is a threat to the public. According to this communication, Starbucks is worried about thepotential for mistaken identity contained in the name "Sambucks" andhow this might harm the public.

".....we will take legal steps to protect the value of our trademark,and protect the public from confusion and deception, when we areunable to resolve a matter through alternate means."

"No one ever confused me with Starbucks growing up," counters Lundberg, age 33. "People know me around here as 'Sam Buck.'"

Starbucks had issued a cease and desist letter to Lundberg back inMarch, offering her compensation for the costs of changing her signand other materials bearing the Sambucks name. She refused, butcountered that she would do so for the sum of $60,000. Consequently,Starbucks has seemingly taken the tack that the whole affair may be acase of someone trying to make an easy buck off of the coffee giant.

According to the Starbucks statement:"Sambucks' attorneys have indicated to us that they are seeking asubstantial monetary settlement. While we do not feel it isappropriate to pay people merely to respect our rights, we invitedthem to provide additional information to support any belief that theywere entitled to more than our original offer."

In early September, Starbucks continued its offensive by sendingLundberg a 150-page injunction. The injunction was dismissed by ajudge in October, so score one for Sambucks.

While Lundberg admits that the publicity resulting from this David vsGoliath-type case has led to an increase in customers, a monetarywindfall is not her motivation for fighting Starbucks. Stories abouther have appeared in the The Oregonian out of Portland, the Astoriapaper, on the Independent Media Center web site, WKXL Channel 8 inPortland and elsewhere. Demonstrations against the Starbucks suit havebeen held at a Starbucks in Portland and many have been sendingdonations to Lundberg for her defense fund.

However, Lundberg is also feeling the stress--both physical andfinancial--of pursuing this fight.

"We could go to trial in one year, or it could be three years out,"she points out. "It's all taken a lot of energy and some days I feeldrained from people asking me about it."

The experience has also broadened her awareness of issues involvingmultinationals.

"I'd never encountered anything like this before in my life, so didn'thave anything to compare it to," she says. "Now I connect it withwhat's been in the news about corporate corruption, the stock market,keeping people in the dark until little things start to come out. I'velearned a lot in the last months."

Certainly, the lawsuit must be putting a kink in the recent efforts byStarbucks to, at least, appear to be a "kinder and gentler"multinational through such efforts as heavy publicity about its a fairtrade blend of coffee (following extensive public pressure).

If you are interested in contributing to Samantha Buck-Lundberg'sdefense fund should make out checks to the Bank of Astoria and sendthe donations to 1154 Commercial Street, Astoria, Oregon 97103.