Bangkok's "Starbung" coffee vendor defies multinational

[webfact]

COURT
Bangkok's "Starbung" coffee vendor defies multinational

BANGKOK: -- A Thai coffee vendor refused Wednesday to drop his "Starbung Coffee" logo, defying legal threats by US multinational Starbucks.

Last week, a Thai law firm filed a complaint on behalf of Starbucks Coffee Company against Damrong Maslae, 44, for not complying with an injunction issued in 2012 to remove the "Starbung Coffee" logo from his sidewalk stall in the Thai capital.

The international coffee giant has demanded compensation of300,000 baht (9,700 dollars), plus 30,000 baht (970 dollars) a monthin legal fees. An initial hearing has been set for November 4.

"I will fight the case," Damrong told dpa. "I may lose, becauseStarbucks is a big company with a lot of money, but I have alreadywon my case in the eyes of society," he said.

"My customers, both Thais and foreigners, have given me a lot ofmoral support," he said. "One client gave me 1,000 baht (33 dollars)to help fight my case and yesterday another paid 500 baht for a cupof coffee and told me to keep the change."

Damrong, a Muslim from Krabi province in southern Thailand,insisted that his green-and-white logo, which depicts a Muslim man atits centre with crescent moons on the side, was inspired by Islam, not Starbucks.

-- The Nation 2013-10-23

[NomadJoe]

Starbucks is making a PR mistake here.

[pgrahmm]

Just amazing the coincidence of how these two logos are the same size - color - shape - lettering....don't drink coffee so don't have a dog in this fight but if I had to sit on a jury the defiant Muslim would have to do a lot better than that.....

[jackandjim]

next there gonna clamp down on the starf$%ks for free tee shirts

[soi41]

If this guy is going the keep the sympathy of the public, maybe he should keep his Muslim roots and inspiration to himself?

Why didn't a multinational concern like Starbucks not just ignore him, instead of creating all negativity for their own brand and all the publicity for Mr Damrongs Starbung??

But I would any day choose Starbung over Starbucks!!

[gl555]

I hate Starbucks and this kind of corporate bullying but I must admit, right is right here. The Starbung logo is so similar to the Starbucks one. And it's not as if they just sued him. They gave him a chance to remove the logo first but some people are just too stubborn. I guess this fella is going to go bankrupt.

[coma]

Starbucks needs to take a look at themselves. This guy is hardly stealing their market at the moment. They [ starbucks ] are actling like the playground bully.

[gl555]

It may seem that way but pray tell, do you know of any multinational company that will allow someone to use a counterfeit copy of their corporate logo like that if they could help it? And it's not as if they didn't give the fella a chance to remove the logo with no penalties. This guy is just stubborn and now is going to get sued for it. I have no pity for this person. He had a chance to get out of this situation without any problem but decided to fight a battle he just can't win.

Starbucks needs to take a look at themselves. This guy is hardly stealing their market at the moment. They [ starbucks ] are actling like the playground bully.

[coma]

It may seem that way but pray tell, do you know of any multinational company that will allow someone to use a counterfeit copy of their corporate logo like that if they could help it? And it's not as if they didn't give the fella a chance to remove the logo with no penalties. This guy is just stubborn and now is going to get sued for it. I have no pity for this person. He had a chance to get out of this situation without any problem but decided to fight a battle he just can't win.

Starbucks needs to take a look at themselves. This guy is hardly stealing their market at the moment. They [ starbucks ] are actling like the playground bully.

I agree with what you're saying but it is just one store isn't it ? Why would starbucks bother with it ? If he opened up a chain then sure but this just seems like overkill to me.

[tominbkk]

Starbucks is making a PR mistake here.

I think they are within their rights. Try opening a S&B next to an S&P. The lawyers and full brunt of the Thai law would be on you in hours. They would probably burn your restaurant down.

Sent from my iPad using Thaivisa Connect Thailand mobile app

[kartman]

I hate Starbucks and this kind of corporate bullying but I must admit, right is right here. The Starbung logo is so similar to the Starbucks one. And it's not as if they just sued him. They gave him a chance to remove the logo first but some people are just too stubborn. I guess this fella is going to go bankrupt.

He's probably one days takings away from bankrupt anyway so nothing to lose .

[Katipo]

He knows he copied Starbucks. We know he copied Starbucks. Everyone knows he copies Starbucks.

Telling fibs about his inspiration for the logo evaporated any sympathy I felt for him..... and I really loathe Starbucks.

He should have played the sympathy card himself. Saying how the big nasty coffee corporation (which Starbucks is) has stolen his business and so he was just trying to get a little back to feed his family.

[JoeThePoster]

Whatever happened to live and latte live.

[monkeycountry]

Most commenters on various news sites fail to understand the fundamental differences between "copyright" and "trademark". The laws regarding the two are not the same.

In this case Starbucks is protecting a trademark. If they do not, and let everyone copy them, then eventually they may lose the right to protect it, as a court might say something like "well, you guys have let everyone copy your logo for the last 20 years. If you cared about your logo, you should have done something earlier, now it is too late - you lose".

Starbucks is obviously not concerned about Starbung, but they are concerned about their logo, and later it may not be a small street stall, but a proper chain of coffee shops opening up with a similar logo who can actually compete with Starbucks.

So in short, this case may or may not be good for Starbucks' reputation, personally I do not think it matters whatsoever, and obviously neither does Starbucks. However, Starbucks is not fighting this case to protect their reputation or to avoid competition from Starbung, they are protecting their trademark - and that is worth alot to most multinationals.

[Thai at Heart]

He knows he copied Starbucks. We know he copied Starbucks. Everyone knows he copies Starbucks.

Telling fibs about his inspiration for the logo evaporated any sympathy I felt for him..... and I really loathe Starbucks.

He should have played the sympathy card himself. Saying how the big nasty coffee corporation (which Starbucks is) has stolen his business and so he was just trying to get a little back to feed his family.

Indeed. Who uses muslim inspired ideas to sell coffee? Isn't that blasphemous?

[Bluespunk]

'Damrong, a Muslim from Krabi province in southern Thailand,insisted that his green-and-white logo, which depicts a Muslim man atits centre with crescent moons on the side, was inspired by Islam, not Starbucks.'

yeah, right.

[Thai at Heart]

'Damrong, a Muslim from Krabi province in southern Thailand,insisted that his green-and-white logo, which depicts a Muslim man atits centre with crescent moons on the side, was inspired by Islam, not Starbucks.'

yeah, right.

Wow. A budding Andy Warhol or Banksy, right in our midst.

[Bluespunk]

'Damrong, a Muslim from Krabi province in southern Thailand,insisted that his green-and-white logo, which depicts a Muslim man atits centre with crescent moons on the side, was inspired by Islam, not Starbucks.'

yeah, right.

Wow. A budding Andy Warhol or Banksy, right in our midst.

?

[mca]

Damrong, a Muslim from Krabi province in southern Thailand,insisted that his green-and-white logo, which depicts a Muslim man atits centre with crescent moons on the side, was inspired by Islam, not Starbucks.

He said he'd have to have a little more time to think about where his inspiration for the name came from.

[cacruden]

Just amazing the coincidence of how these two logos are the same size - color - shape - lettering....don't drink coffee so don't have a dog in this fight but if I had to sit on a jury the defiant Muslim would have to do a lot better than that.....

Being a devils advocate, have you ever compared the Malaysian and American flags?

BTW Yes, I do think the "little" guy in this case was more of a copycat - and is in violation of Starbucks Trademarks.

[ianf]

Starbucks needs to take a look at themselves. This guy is hardly stealing their market at the moment. They [ starbucks ] are actling like the playground bully.

No they are not. Emphatically NO! Starbucks owns a logo and branding. This little vendor doesn't have the nouse or intelligence to design his own. Much easier to steal another person's. A bit like all the fake sh@it available in this country.

[Spare]

Never fight with a Muslim.

Muslim always win.

[monkeycountry]

"My customers, both Thais and foreigners, have given me a lot ofmoral support," he said. "One client gave me 1,000 baht (33 dollars)to help fight my case and yesterday another paid 500 baht for a cupof coffee and told me to keep the change."

Obviously those who support Starbucks are not going to start a discussion with the stall owner. Thais for fear of upsetting the stall owner and either of them losing face, and foreigners for fear of losing their head. So the stall owner will only hear the opinion of his supporters. Not that their opinion matters much in court.

I despise red shirts, so when I take a taxi, almost all of whom are red shirts (or supporters), I do not start a conversation, discussion or similar with the driver, I simply sit quietly in the back reading the paper. I think we both prefer it that way!

[humqdpf]

He knows he copied Starbucks. We know he copied Starbucks. Everyone knows he copies Starbucks.

Telling fibs about his inspiration for the logo evaporated any sympathy I felt for him..... and I really loathe Starbucks.

He should have played the sympathy card himself. Saying how the big nasty coffee corporation (which Starbucks is) has stolen his business and so he was just trying to get a little back to feed his family.

Copying is a difficult concept, as anyone who even has a passing acquaintance with copyright and patent issues. And large companies are known to copy others, infringe on copyright and patents. But as they have the big bucks, they can outspend the small guy in money for lawyers and take the case to appeal after appeal until the opposition's money runs out. Do you think that large companies never "told fibs" about where the inspiration for either their logos or their software came from?

But here is something to think about: Imagine the situation was reversed and Starbucks had copied the local coffee vendor. Do you think he would have any real redress? He would not be able to afford to defend himself.

Do you believe that everything about Starbucks was invented by that company and its contractors, that they never copied or "got inspiration" from some other source?

If your answer is no, do you therefore believe that there is justice in such a system where the big guys can copy as much as they want and the small guys cannot and are unable to get redress?

[WAERTH]

Just started a boycott Starbucks page on Facebook. Go to Facebook and look for: notostarbucks (one word) I hope this is ok with the admins here. Otherwise please remove

[SanSaiExPat]

Whatever happened to live and latte live.

It died with "Can't we just a get a latte long" Rodney King

[Johnnie99]

Starbucks is making a PR mistake here.

No, it isn't. It is not such a popular brand here; frequented by those who think they are 'hi-so' and loathe as I am to support Starbucks, they have the right to defend their trademarks.

The man is totally incorrect to think he has won in the sight of society, too.

[venturalaw]

It may seem that way but pray tell, do you know of any multinational company that will allow someone to use a counterfeit copy of their corporate logo like that if they could help it? And it's not as if they didn't give the fella a chance to remove the logo with no penalties. This guy is just stubborn and now is going to get sued for it. I have no pity for this person. He had a chance to get out of this situation without any problem but decided to fight a battle he just can't win.

Starbucks needs to take a look at themselves. This guy is hardly stealing their market at the moment. They [ starbucks ] are actling like the playground bully.

I agree with what you're saying but it is just one store isn't it ? Why would starbucks bother with it ? If he opened up a chain then sure but this just seems like overkill to me.

For Starbucks to let it go, especially after what I understand were numerous warnings, would be akin to rewarding theft. For some unknown reason, many detest successful businesses. Perhaps it's jealousy. Either way, it's imbecilic.

[cornishcarlos]

Starbucks coffee sucks and is overpriced, but......

Thais are taught to copy from the 1st day at school and continue to do so.

Not Thai bashing, just a fact that I see everyday with my wife's students. Yes, there are a few with a brain and some individuality but they struggle to thrive.

This guy will lose, it will cost him and Starbucks will not notice any drop in sales from it.

Give up buddy and think of a new name and logo.

[pomchop]

It may seem that way but pray tell, do you know of any multinational company that will allow someone to use a counterfeit copy of their corporate logo like that if they could help it? And it's not as if they didn't give the fella a chance to remove the logo with no penalties. This guy is just stubborn and now is going to get sued for it. I have no pity for this person. He had a chance to get out of this situation without any problem but decided to fight a battle he just can't win.

Starbucks needs to take a look at themselves. This guy is hardly stealing their market at the moment. They [ starbucks ] are actling like the playground bully.

I agree with what you're saying but it is just one store isn't it ? Why would starbucks bother with it ? If he opened up a chain then sure but this just seems like overkill to me.

I suspect the concern of starbucks is that give them an inch and they will take a mile....or if they look the other way it may set a legal precedent that could come back to bite them on other cases. Frankly to say that the logo was inspired by ISLAM and is anything more than a knockoff of the starbucks logo really is beyond belief. Just imagine how many McD's and the like would open on every other corner if a guy with a grill thought he could paint himself some golden arches and start flipping burgers.

I am NO FAN of starbucks but I can certainly understand their actions. They gave the guy a chance to just stop and apparently he refused. Now he will get to feel the power of a very wealthy corporation with more lawyers than he can imagine.