Starbucks Corporation and Shanghai President Coffee Corporation v. Shanghai Starbucks Cafe Company Limited and Shanghai Starbucks Cafe Company Limited, Nanjing Road Branch
Shanghai Municipality Higher People’s Court
Shanghai Municipality Higher People’s Court (2006)
- Written by Eric Miller, JD
Facts
Starbucks Corporation (plaintiff), a coffee company established in the United States in the 1970s, eventually became a globally recognized brand. Between 1996 and 2003, Starbucks Corporation registered various trademarks—including “Starbucks,” “Starbucks Coffee,” and a visual logo—in mainland China, whose first official Starbucks location opened in January 1999. Registration of the trademark “Starbucks” in Chinese characters was sought in 1998 and approved in December 1999. In 2000, Starbucks Corporation established Shanghai President Coffee Corporation (President Corporation) (plaintiff) to function as a joint-venture partner and open various official Starbucks locations in and around Shanghai. However, on October 20, 1999, an unauthorized competitor, Shanghai Starbucks Café Company Limited (Shanghai Starbucks) (defendant), obtained preapproval of its enterprise name in Chinese characters. Shanghai Starbucks officially opened on March 9, 2000. Starbucks Corporation and President Corporation brought suit against Shanghai Starbucks in the Shanghai Municipality Intermediate People’s Court, alleging trademark infringement and unfair competition. The court ruled in favor of Starbucks Corporation and President Corporation. Shanghai Starbucks appealed to the Shanghai Municipality Higher People’s Court.
Rule of Law
Issue
Holding and Reasoning ()
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