Intellectual Property Law

Peso's-Matador Redux? Seattle Bar Claims Neighbor Copied Its Trade Dress

By Michael Atkins

The owner of Capitol Hill’s Smith (left) claims Starbucks’ forthcoming
shop next door unfairly mimics her bar’s look-and-feel.
Photo credit: Joshua Trujillo / Seattle PI

Capitol Hill bar maven Linda Derschang claims a neighboring Starbucks store that’s undergoing renovation has copied the look and feel of her Smith restaurant and bar.

She told the now solely-online Seattle Post-Intelligencer (article here) that the 15th Avenue Starbucks — soon to be rebranded as “15th Avenue Coffee and Tea” — mimics her hunting-lodge-esque hipster haven.

“It’s got a lot of salvaged wood, it’s the same paint color inside as Smith and some of the wood framed chalkboards look very, very similar,” she said. “If they had decided to do that look in a different neighborhood or city that would be one thing, but trying to position themselves as an independent coffee house? Where’s the independent spirit in knocking someone off?”

Starbucks representative Anna Kim-Williams told the PI the coffee company is trying to fit in better with the neighborhood. “We’re continuing our commitment to delivering specialty coffee excellence while refreshing our store design approach with an amplified focus on local relevance,” she said.

After the remodel, Starbucks will sell beer and wine as well as coffee.

The PI says Ms. Derschang is meeting with Starbucks to discuss her concerns on Monday.

This dispute may remind STL readers of the trade dress lawsuit between Seattle’s Peso’s and Matador Tex-Mex restaurants and bars that settled last year (STL’s initial post on that dispute here).

Additional coverage at The Slog.

Full post as published by Seattle Trademark Lawyer on July 20, 2009 (boomark / email).