Star Bock Beer Foaming Over Starbuck’s Decision
Rex Bell, creator of STAR BOCK beer, is raising the bar on his trademark infringement case.
In August of this year, a district court judged ruled that Bell’s use of the mark and the sale of the beer did not infringe the Starbuck’s coffee trademark.
The Judge, however, put a number of restrictions on Bell’s use of the trademark, that Bell believes are inapposite to the holding. For instance, while the Judge noted that there was no dilution of the Starbuck’s trademark and no likelihood of confusion between the marks. Still, it limited Bell’s use of the mark to Galveston Island, Texas, and to establishments where the beer would be sold “in conjunction with musical activities.”
The term “bock” is descriptive for a specific type of beer, a lager that is brewed traditionally in the fall. The term “star” as used by this Texas purveyor, appears to be more related to his “lone star” roots than any Starbuck’s reference. Finally, Bell uses no green or black in his logo, which characterize the Starbuck’s logo. Indeed, about the only two things the companies appear to have in common is they both provide a “buzz” in one form or another. While Starbuck’s does not currently make beer, the company has sold a coffee liquor for a number of years. We anxiously await the outcome.