Intellectual Property Law

No Peso's-Matador Redux; Seattle Bar Owner Says She's "Over" Copied Features

By Michael Atkins

Seattle bar queen Linda Derschang called off her meeting with Starbucks over the features she believed the coffee company copied from her neighboring bar, “Smith.” (Previous STL post here.)

“I feel already over it,” Ms. Derschang told the Seattle Post-Intelligencer. “It’s just not that big of a deal.”

Just a few days ago, Ms. Derschang ripped Starbucks in the press, accusing the company of turning its soon-to-open unbranded 15th Avenue Coffee and Tea store into a Smith lookalike.

She railed in The Slog: “Have you seen the color of the new Starbucks on 15th? Noticed the salvaged wood wall outside which is the same as my salvaged wood planter box in front of Smith? Poke your head in and check out the salvaged wood frames on the walls, the vintage industrial light fixtures, and the old wooden seats. … I can’t believe that anyone, whether a hair salon or a coffee chain, would just go ahead and knock off their next door neighbor’s exterior….”

Ms. Derschang reportedly had lined up a meeting with Starbucks to talk about her concerns before having her abrupt change of heart. 

She now says the differences in the parties’ services distinguish her case from the Peso’s-Matador lawsuit that settled last year. Even though Starbucks’ new store will sell beer and wine, they’re not a restaurant and bar, she said.

“They are selling coffee, and we’re a restaurant and bar. So many people sell beer and wine on our street I don’t think that’s really a huge deal. It’s more about them trying out this new concept.”

Full post as published by Seattle Trademark Lawyer on July 22, 2009 (boomark / email).