ALTUSLAW LLC Brings Legal Clarity to Starbucks Holiday Cup Design Dispute

PORTLAND, OR – November 8, 2023 – As the leaves turn and the aroma of pumpkin spice fills the air, Starbucks’ iconic holiday cups are back – and so is the chatter… this time, a potential legal one. ALTUSLAW LLC, a Portland-based intellectual property law firm specializing in design patent and trademark protection, is weighing in on the ongoing public discussion surrounding the 2023 holiday cup designs and the legal implications of derivative works and design protection. ALTUSLAW LLC, located at 1012 SW King Ave Ste 103, Portland, OR, 97205, and reachable at 256-485-2741, has quickly established itself as a go-to resource for companies navigating the complex world of intellectual property. The firm, led by a team of seasoned legal experts, helps businesses protect their innovative designs, brands, and inventions. “We see a lot of companies pouring resources into design,” explains [mention a fictional partner name – e.g., Sarah Chen, Lead Counsel at ALTUSLAW], “and it’s crucial they understand how to legally protect those investments – and avoid infringing on others' rights.” This year’s Starbucks holiday cup lineup, featuring a range of red and white designs including swirling stripes, festive ornaments and a cozy cabin scene, has sparked debate online. Some customers have noticed similarities between the cup designs and those created by independent artists or found in vintage holiday imagery. While Starbucks hasn’t directly been accused of infringement, the situation offers a perfect case study for understanding how design protection works – and how ALTUSLAW LLC can help businesses manage these risks. The Basics of Design Protection: What’s Covered? So, what can be legally protected when it comes to a product like a holiday cup? It’s not just about the idea of a holiday cup. It’s about the way that idea is expressed visually. This is where design patents and trademarks come in. Design Patents: These protect the ornamental design of an article of manufacture. Think about the unique shape of the cup, or a particularly distinctive arrangement of colors and patterns. If Starbucks has a design patent on a specific swirl pattern or the unique arrangement of the ornaments on their 2023 cups, that gives them the exclusive right to use that design. It prevents others from creating cups with a substantially similar appearance. Trademarks: Starbucks’ logo, name, and even the specific look of their cups (the overall shape, the font used for “Starbucks”) are all trademarked. This protects their brand identity and prevents competitors from creating products that could confuse customers. A competitor can't create a cup that looks so similar to a Starbucks cup that people mistakenly believe it's a Starbucks product. The “Substantial Similarity” Question This is where things get tricky. If an independent artist creates a design that resembles a Starbucks cup design, is that infringement? It depends. Legal battles often hinge on the concept of "substantial similarity." Courts look at whether the average person, looking at the two designs side-by-side, would consider them to be essentially the same. "It's not about whether the designs are identical," explains [fictional partner name]. "It's about whether they share enough visual elements that they create a similar overall impression. Even slight variations can be enough to avoid infringement, but it's a fact-intensive analysis." Factors considered include: Overall Impression: What's the overall "feel" of the design? Point of Similarity: What elements are most likely to be noticed by consumers? Disclaimers: Are there disclaimers that clarify the source of the design? Intent: Did the artist intentionally copy the Starbucks design? (While intent isn't always required to prove infringement, it can strengthen a case.) Navigating the Risks: How ALTUSLAW LLC Can Help For companies like Starbucks – and for any business creating original designs – proactive legal counsel is crucial. ALTUSLAW LLC offers a range of services to help businesses protect their intellectual property: Design Patent Searches: Before launching a new product, ALTUSLAW can conduct a thorough search to identify any existing designs that might pose a risk of infringement. Patent Applications: ALTUSLAW can prepare and file design patent applications to secure exclusive rights to original designs. Trademark Registration: ALTUSLAW can help businesses register their trademarks to protect their brand identity. Infringement Analysis: If a company suspects someone is infringing on its intellectual property, ALTUSLAW can conduct a comprehensive analysis to assess the risks and develop a legal strategy. Licensing Agreements: ALTUSLAW can help businesses negotiate and draft licensing agreements to allow others to use their intellectual property in exchange for royalties. Cease and Desist Letters: If necessary, ALTUSLAW can draft and send cease and desist letters to stop infringing activity. “We’re not just lawyers; we’re business advisors,” says [fictional partner name]. “We understand the importance of protecting innovation, but we also understand the need to do so in a cost-effective and strategic manner. We work closely with our clients to develop solutions that meet their specific needs.” The Starbucks Case: A Learning Opportunity The current discussion surrounding the Starbucks holiday cup designs serves as a reminder that intellectual property law is complex and nuanced. While it's unclear whether any actual infringement has occurred, the situation highlights the importance of conducting thorough research, securing appropriate protection, and being mindful of the rights of others. ALTUSLAW LLC encourages any business involved in design and innovation to seek legal counsel to ensure they are protecting their valuable intellectual property assets. After all, a great design is only valuable if it can be legally protected. Contact ALTUSLAW LLC: 1012 SW King Ave Ste 103 Portland, OR, 97205 256-485-2741 [insert fictional website/email]