'Starbung' Thai coffee vendor settles name dispute out of court

[movsrus]

While people line up to pay $5 USD for a cup of Starbuck's in the US one would have to be out of your mind to pay that for a cup here in Thailand. I get a great latte each morning from a shop that has free wi-fi and pay only 40 baht. I tip the lady 10 baht and she is very appreciative. In the US they don't even acknowledge when you leave a tip in their jar. The barristas seem to think it is an expectation you leave a tip regardless of how long it takes and think they are doing you a favor by making a cup of their overpriced coffee.

[Sing_Sling]

""Bung" means brother in Malay."

In Bahasa Melayu/Malaysia it is Abang

So is this a court president, that any coffee shop other than Starbucks cannot use a round logo ? alt=w00t.gif width=18 height=20>

Even taking into account that you mean 'precedent' I am still trying to figure out what you are trying to say . . . a round logo is the problem?

Starbucks show great restraint by walking away. So often fights in this country only end when somebody is dead.

Uncalled for trash.

So often = not always. Hardly an unfair statement to state that the South East Asian fight mentality is to keep attacking when a person is down to make sure they don't get back up. I just transposed that attitude to business. It really isn't uncalled for, just a harsh analogy. At worst a little over the mark.

Hardly SEAsian . . . I lived in Singapore for six years and now Malaysia for five and I have yet to see this 'mentality' in either country.

Thai? Yes. Filipino? Perhaps, but too many people with guns to be a 'fighter', Indons? Lao? No idea. Cambos?

[draftvader]

""Bung" means brother in Malay."

In Bahasa Melayu/Malaysia it is Abang

So is this a court president, that any coffee shop other than Starbucks cannot use a round logo ? alt=w00t.gif width=18 height=20>

Even taking into account that you mean 'precedent' I am still trying to figure out what you are trying to say . . . a round logo is the problem?

Uncalled for trash.

So often = not always. Hardly an unfair statement to state that the South East Asian fight mentality is to keep attacking when a person is down to make sure they don't get back up. I just transposed that attitude to business. It really isn't uncalled for, just a harsh analogy. At worst a little over the mark.

Hardly SEAsian . . . I lived in Singapore for six years and now Malaysia for five and I have yet to see this 'mentality' in either country.

Thai? Yes. Filipino? Perhaps, but too many people with guns to be a 'fighter', Indons? Lao? No idea. Cambos?

Utterly agreed. Not in Malaysia or Singapore, far too effective policing in both countries. I never saw it in Myanmar or Laos either. Cambodia, Vietnam and Thailand...yes. Haven't been to the Philippines to comment.

Sorry for generalising and sorry for providing a comment that has side-tracked this from the more serious business of getting people to understand the significance of this ruling and the ruling next year.

This could be very important for Thailand moving forwards. An opportunity to show it CAN protect a foreign interest in this country.

[thongsuknork]

This is an issue of intellectual property and Registration of trade marks any foreign company makes an patent registration of its name so no one can use this a simple thing even any poor man can make a patent and trade marks Registration and Star bungs do not know this i think now he should also register the new name or else some other company can claim his new Name also .

[manarak]

Starbucks only wanted him to stop using their IP so blatantly. They never wanted his money. But if he was going to continue stealing IP from them, they would ask for payment. He was being a baby about it. Anyway, he got lots of free publicity.

Maybe he can rename his coffee Bunghole's Coffee!

I'm so glad Starbucks sued him, otherwise I would really have believed the stall to be an official Starbucks business!

[Morakot]

Starbucks only wanted him to stop using their IP so blatantly. They never wanted his money. But if he was going to continue stealing IP from them, they would ask for payment. He was being a baby about it. Anyway, he got lots of free publicity.

Maybe he can rename his coffee Bunghole's Coffee!

I'm so glad Starbucks sued him, otherwise I would really have believed the stall to be an official Starbucks business!

Oh no, all my money wasted and I thought I was getting the real deal.

[duanebigsby]

B300,000 with 7.5% (assuming they mean interest) would place this at around B322,500. At B30 per cup of coffee he will need to sell 10,750 cups of coffee. Going to be a busy time for this man. I doubt it will make much difference as to how much attention this will gain him on social media he will be destroyed if he does not move as far away from Starbuck's IP as possible.

The long shot of this is a success for ANY business in Thailand. If you have worked to assemble a brand here it CAN be protected. Suddenly there is a belief that you CAN have a business in Thailand without it being stolen from under your nose (e.g. Pizza Hut). This change might well actually help Thailand's economy grow with outside businesses feeling they can work here without fear of people taking advantage of their IP.

The amount of times I am faced with businesses utilising other businesses' IP in this country is appalling and has put off a large number of international businesses working here. Anybody thinking this settlement is a poor result is VERY short-sighted indeed.

Starbucks dropped its demand for compensation. He won't pay anything, but will have to cease using the inappropriate logo. I think it is a win-win for everyone, Starbucks protects its property, the small time coffee seller isn't bankrupted. The giant behaved very decently in this one-sided dispute. draftvader, read the whole article.

[telldem]

His new logo still looks like the Starbucks logo.

[newermonkey]

The artical said he has settled out of court and has agreed not to use a round logo.

[SantiSuk]

Surely copying is in Thai culture. Judges out of step with the common people?

[jacko45k]

They can put the money they made from him towards the $2.8 Billion settlement with Kraft foods.

And if there is anything left pay some taxes in Europe!

Edited November 21, 2013 by jacko45k

[draftvader]

B300,000 with 7.5% (assuming they mean interest) would place this at around B322,500. At B30 per cup of coffee he will need to sell 10,750 cups of coffee. Going to be a busy time for this man. I doubt it will make much difference as to how much attention this will gain him on social media he will be destroyed if he does not move as far away from Starbuck's IP as possible.

The long shot of this is a success for ANY business in Thailand. If you have worked to assemble a brand here it CAN be protected. Suddenly there is a belief that you CAN have a business in Thailand without it being stolen from under your nose (e.g. Pizza Hut). This change might well actually help Thailand's economy grow with outside businesses feeling they can work here without fear of people taking advantage of their IP.

The amount of times I am faced with businesses utilising other businesses' IP in this country is appalling and has put off a large number of international businesses working here. Anybody thinking this settlement is a poor result is VERY short-sighted indeed.

Starbucks dropped its demand for compensation. He won't pay anything, but will have to cease using the inappropriate logo. I think it is a win-win for everyone, Starbucks protects its property, the small time coffee seller isn't bankrupted. The giant behaved very decently in this one-sided dispute. draftvader, read the whole article.

I've already covered this with another poster. There is a 2nd article posted by Webfact which includes this information.

But the Starbucks lawsuits for violating Articles 109 and 110 of the Thai Trademark Act B.E.2534, which would require the coffee stall to pay damages of THB300,000 with 7.5 percent are still in play.

The case is set to go on court on Feb. 10, 2014.

duanebigsby, please read the whole thread.

---EDIT---

I don't like being that rude but felt that your use of my username to highlight me was mildly aggresive and I have chosen to use reflective behaviour. To be honest it makes me feel uncomfortable but I will leave it as maybe you will understand. Sorry.

Edited November 21, 2013 by draftvader

[Ticketmaster]

"Starbung" should have stood its ground against Starbuck's bullying. Starbucks tried to bully "Charbucks" in New York and lost just this week. The federal court said that despite the fact that the name Charbucks might bring to mind Starbucks, there was no danger of the public actually confusing the two.

Everybody knows Starbucks burns its beans, which the Charbucks owner admitted was his inspiration for the name.

[teatree]

His new logo still looks like the Starbucks logo.

Why? Because its green and has the word coffee in it?

[MILT]

Starbucks only wanted him to stop using their IP so blatantly. They never wanted his money. But if he was going to continue stealing IP from them, they would ask for payment. He was being a baby about it. Anyway, he got lots of free publicity.

Maybe he can rename his coffee Bunghole's Coffee!

Hehehehehe you said bunghole hehehehehehe

[smileydude]

Looking at the outcome it is obvious this was not a case of bullying as compensation was not the true objective.

It was more the principle that no matter how small or large the infringement was it is nevertheless an infringement and must be a dealt with as a example that IP rights are taken seriously. The Thai public needs to learn from this case that there are people and companies that have worked hard to develop their brands, IP rights need to be respected and copying is not good business in the long term.

Edited November 22, 2013 by smileydude

[Briggsy]

I note he is still using Starbuck's colour scheme and font.

There are so many of these small coffee operations blatantly copying Starbuck's. By sueing one, many more will change their logos to avoid the same fate. Copyright infringement is a serious issue for businesses throughout Asia.

[mca]

I note he is still using Starbuck's colour scheme and font.

There are so many of these small coffee operations blatantly copying Starbuck's. By sueing one, many more will change their logos to avoid the same fate.

Yes it does beg the question as to rather than Starbung being an isolated incident how many copycats or near copycats had already previously received a letter from Starbucks telling them to "cease and desist" and just obeyed.

There's a petrol station on the way between Korat and KK that used to have a large sign outside that from a distance looked like a PTT logo with a 7-11 sign beneath. When you got closer you could see they were neither. Last time I went past the 7-11 style logo had gone. Maybe somebody from CP had a "word"

[cekipa]

Rich Farangs bully poor Thais?

I think so.

Stealing intellectual property is wrong. No matter if you are rich or poor.

[mmh8]

why pick on this one person, I have seen at least 7 starbuck like logos in my area alone. what about the other ones?

[Sing_Sling]

why pick on this one person, I have seen at least 7 starbuck like logos in my area alone. what about the other ones?

Pick on him? How old are you?

[draftvader]

why pick on this one person, I have seen at least 7 starbuck like logos in my area alone. what about the other ones?

Would you be happier if Starbucks took everybody to court? They need to take a stand and this is where they took it. I have no idea why, maybe they did some research and discovered the one that looked most like them and went for that one? Who knows?

[prepress]

why pick on this one person, I have seen at least 7 starbuck like logos in my area alone. what about the other ones?

Would you be happier if Starbucks took everybody to court? They need to take a stand and this is where they took it. I have no idea why, maybe they did some research and discovered the one that looked most like them and went for that one? Who knows?

I am surprised that the majority in this forum defend the US giant 'Starbucks'. I live here in Thailand and support and respect all Thais who work hard to make a living. He didn't do any criminal corruption.

Every intelligent person should know the correct spelling of the original, and know that 'Starbucks-coffee' is expensive while served in aircon rooms with comfortable chairs.

I don't think 'Starbucks' will lose business when people drink coffee at this street shop with a similar logo in question.

People who feel for a coffee in aircondition, will go to 'Starbucks' on the opposite side. So, he even makes advertising for them.

Edited November 28, 2013 by prepress

[telldem]

Starbucks went after him because they didn't want to be associated with a bung hole.

[draftvader]

why pick on this one person, I have seen at least 7 starbuck like logos in my area alone. what about the other ones?

Would you be happier if Starbucks took everybody to court? They need to take a stand and this is where they took it. I have no idea why, maybe they did some research and discovered the one that looked most like them and went for that one? Who knows?

I am surprised that the majority in this forum defend the US giant 'Starbucks'. I live here in Thailand and support and respect all Thais who work hard to make a living. He didn't do any criminal corruption.

Every intelligent person should know the correct spelling of the original, and know that 'Starbucks-coffee' is expensive while served in aircon rooms with comfortable chairs.

I don't think 'Starbucks' will lose business when people drink coffee at this street shop with a similar logo in question.

People who feel for a coffee in aircondition, will go to 'Starbucks' on the opposite side. So, he even makes advertising for them.

I don't understand why you don't understand right over wrong. "Giant" "US"? Just descriptive words. "A company vs another company" is what is actually happening. Take your own emotions away and it becomes very clear. Just because you feel that "Starbucks are big so they can do x,y and z" you fail to remember that Starbucks did not just suddenly appear as this massive business but they too were small-fry once. They just got it right and made it theirs. It was a combination of hard-work, intelligence, good customer relations and a little luck.

Personally, I think Starbucks coffee is awful and I buy mine off a little hut at the end of my soi. She has 2 chairs outside her hut where I sit and wait. She has a small loyalty scheme that rewards me with a free coffee with every 10 purchases and I like going there because she is polite and remembers my order. What she DOESN'T do is steal anybody else's IP. If she did I would not use her services. I buy from her because of all the above and, most importantly to me, she makes REALLY good coffee.