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Health & Fitness

Tiny NH Business Slays Corporate Giant

Once again, David slew Goliath. "A small New Hampshire coffee producer that operates out of a barn has prevailed in a trademark infringement case brought by Starbucks over a blend called 'Charbucks.'

"We're just a  mom-and-pop little roastery," said Annie Clark, who with her husband, Jim, owns Black Bear Micro Roastery in Tuftonboro." (The Oregonian, 11/18/2013). By contrast, Starbucks is a giant with close to 16,000 stores in 60 countries which produce $14.8 billion in annual revenue. Starbucks prides itself on its dark roasted beans. The Clarks brew, Charbucks,  seemed to infringe on the Starbucks trademark by rhyming with its name and implied by the syllable "char"(as in charcoal) that their coffee was just as dark-roasted as Starbuck's.

Black Bear Micro Roastery was sued by Starbucks in 2001 in federal district court in New York. Despite the mismatch in size, neither the Clarks nor Starbucks backed down and settled out of court. The Clarks prevailed in the district court. Starbucks, perhaps fearing that the verdict would encourage coffee bars all over America to start playing off its name, appealed the verdict to the 2nd. U.S. Court of Appeals.

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Last November, Starbucks' appeal was denied, leaving the Clarks free to keep brewing  Charbucks. Tuftonboro, the home of the Clark's roastery,  is located on the shores of Lake Winnipesaukee and has a year round population of 2,387 according to a recent census. It's cold up there. After the summer tourists leave, there's not too much to do, except maybe some ice fishing and cross country skiing.

I can see where Charbucks coffee provides a distinct public service to Tuftonboro during these cold,  wintry days. It warms the hands and the heart and keeps the blood flowing.  The winter blues caused by the loss of sunlight aren't likely to afflict the good people of Tuftonboro. The caffeine in strong cups of Charbucks  will likely keep their pulses pounding, minds racing, and eyes wide open and staring.

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Some wags have suggested that Starbucks should never have brought suit in the first place because it didn't have "grounds" for doing so (groan). Others have said that Starbucks should be less protective of  its dark-roasted coffee and should just "lighten up" (moan). Don't blame me. I don't say such things (I just write them).

If  you would like more stories of strange goings-on in New Hampshire, you will find them in my new book Outtastatahs: Newcomers' Adventures in New Hampshire. Outtastatahs (as in out-of-staters) was recently selected on the NPR radio program The Exchange as a "best holiday read by a local author."

Outtastatahs can be purchased for $13.99 at River Run Books in Portsmouth; at The Water Street Bookstore in Exeter; at Gibson's Bookstore in Concord; or on-line at amazon.com or barnesandnoble.com.

 

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