Issue link: https://maltatoday.uberflip.com/i/1443447
MATTHEW AGIUS SEATTLE-BASED cof- fee-house giant Starbucks has successfully obtained two trademark infringement judg- ments in Malta, ordering a St Paul's Bay café, operating un- der the name "Strabuono Cof- fee" to stop using that name and destroy any signs or mer- chandise bearing its logo, to- gether with the payment of a €2,000 fine. In the two cases which had been filed in 2017, Strabuono's lawyer Matthew Bondin had argued that the emphasis in the logos was different – whilst Starbucks featured a mermaid, their clients' logo was a lion's head. In addition to this, the names were in different languages and had completely different meanings, he said. Bondin also argued that their flagship Strapuccino product's name was a deconstruction of the Italian word cappuccino, melded with the name of the café and not a corruption of the plaintiff's trademark "Frap- pucino" drink. Handing down judgement in both cases, Chief Justice Mark Chetcuti made reference to EU judgments on similar trademark infringement cases filed by Starbucks against oth- er companies, noting that the EU's General Court had stated that even a low degree of simi- larity between two trademarks was sufficient for it to find for the plaintiff. The court observed that the Maltese company's logo had a similar colour scheme and shared other characteristics with those trademarked by Starbucks. The plaintiffs had found out about the defendant's use of the similar name in 2017 and had filed the case in October that year. Starbucks started physical operations in Mal- ta in 2019, whilst the defend- ants had set up their business around 2015. The defendants claimed that during the first two years af- ter being set up, the company had only started investing and issuing capital, explaining that no sales took place during this time. The court however ruled that the marks in question were vis- ually and conceptually similar and that there had been a breach of European Un- ion trademark protection legis- lation. In imposing the €2,000 fine, the court said it had taken into account the fact that the Mal- tese café had only started oper- ating very recently and that the plaintiff had failed to substan- tiate its claims of having suf- fered damages with concrete evidence or witnesses to this effect. The court also ordered the defendant company to cease and desist from continuing to use the infringing marks and signs and destroy any material in its possession or un- der its control containing them or other distinc- tive marks containing the words "Strabuono" and "Strabuono Coffee." The court ruled the word "Strapuccino" to be "an- cillary and secondary." Lawyer Luigi A. Sansone rep- resented Starbucks in the pro- ceedings. magius@mediatoday.com.mt 7 maltatoday | SUNDAY • 16 JANUARY 2022 NEWS Court Services Agency Agenzija ghas-Servizzi tal-Qrati courts.gov.mt MANAGER II (TRAINING) JobsPlus Permit No. 812/2021 Prospective candidates must be: • In possession of a recognised Master's qualification at MQF Level 7 (subject to a minimum of 60 ECTS/ECVET credits, or equivalent, with regard to programmes commencing as from October 2008), or a comparable professional qualification, in Laws, Management, Business Administration, or Public Policy; or • In possession of a recognised Bachelor's degree at MQF Level 6 (subject to a minimum of 180 ECTS/ECVET credits or equivalent) in Management, Business Administration, or Public Policy, plus three (3) years' relevant work experience in a court / legal environment or in a relevant administrative position. Candidates must also be proficient in the Maltese and English Languages. Further information and a comprehensive Job Description may be obtained by contacting the Court Services Agency on recruitment.csa@courtservices.mt. This full-time position is on an indefinite basis and is subject to a one-year probationary period. Candidates should submit their letter of application, their qualifications and experience in a Europass Curriculum Vitae Format, a copy of their relevant scanned certificates and a valid Police Conduct Certificate by e-mail on recruitment.csa@courtservices.mt. Applications will be received till Friday 21st January 2022 at 14:00 hrs. CAREER OPPORTUNITY C M Y CM MY CY CMY K ai16420879507_CSA Advert 1D-2022.pdf 1 13/01/2022 16:32 US coffee giant Starbucks clamps down on Malta cafe over trademark breach Maltese café ripped off Starbucks in copyright breach Even a low degree of similarity between two trademarks was sufficient to find a trademark breach