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STARBUCKS CORP. v. WOLFE'S BOROUGH COFFEE, INC.

Docket No. 08-3331-cv.

588 F.3d 97 (2009)

STARBUCKS CORPORATION, a Washington corporation, Starbucks U.S. Brands, L.L.C., Plaintiffs-Counter-Defendants-Appellants, v. WOLFE'S BOROUGH COFFEE, INC., a New Hampshire corporation doing business as Black Bear Micro Roastery, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 3, 2009.

Attorney(s) appearing for the Case

Mark N. Mutterperl, John C. Rawls, and Sarah Silbert, Fulbright & Jaworski L.L.P., New York, NY, for plaintiffs-counter-defendants-appellants.

Christopher Cole and John-Mark Turner, Sheehan, Phinney, Bass + Green, P.A., Manchester, NH, for defendant-counter-claimant-appellee.

David H. Bernstein and Robert K. Fitzpatrick, Debevoise Plimpton LLP, New York, NY; John W. Crittenden and Gavin L. Charlston, Cooley Godward Kronish LLP, San Francisco, CA; John R. Posthumus and Lucky Vidmar, Greenberg Traurig LLP, Denver CO, for Amicus Curiae International Trademark Association.

Before: MINER and LIVINGSTON, Circuit Judges, and TRAGER, District Judge.

MINER, Circuit Judge:

Plaintiffs-appellants, Starbucks Corporation and Starbucks U.S. Brands, LLC (together, "Starbucks"), appeal from a judgment entered on June 5, 2008, in the United States District Court for the Southern District of New York (Swain, J.), following a bench trial, in favor of defendant-appellee, Wolfe's Borough Coffee, Inc., d/b/a Black Bear Micro Roastery ("Black Bear"). The District Court found that Starbucks failed to demonstrate entitlement to...

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