>Why fight it in court when he can get this much free publicity by conceding?
What I am saying is it would never get to court. It is one thing for Starbucks or anyone else to send a C&D, it is a whole other ballgame to bring a Trademark lawsuit in Federal Court, exposing Starbucks to sanctions and attorneys fees.
Separately, the free publicity is not tied to the Brewery conceding (except the bonus points for doing it in a comedic way), but the free publicity is tied to Starbucks sending the C&D in the first place, the story would get a lot more publicity if the Brewery told Starbucks to fuck off - which could be done in an equally comedic way. However, if you think this is a lot of free publicity, this case actually going to court would result in 10 fold the publicity. Plus when the little guy prevails over Starbucks, gets their attorneys fees paid maybe even gets the Court to sanction Starbucks and their Corporate outside counsel... maybe 100 times the free publicity, again it would never go that far this C&D is a lot of posturing and very little legal merit, the attorneys know that and that is why the got the result they were seeking with nothing more than a certified letter.
What I am saying is it would never get to court. It is one thing for Starbucks or anyone else to send a C&D, it is a whole other ballgame to bring a Trademark lawsuit in Federal Court, exposing Starbucks to sanctions and attorneys fees.
Separately, the free publicity is not tied to the Brewery conceding (except the bonus points for doing it in a comedic way), but the free publicity is tied to Starbucks sending the C&D in the first place, the story would get a lot more publicity if the Brewery told Starbucks to fuck off - which could be done in an equally comedic way. However, if you think this is a lot of free publicity, this case actually going to court would result in 10 fold the publicity. Plus when the little guy prevails over Starbucks, gets their attorneys fees paid maybe even gets the Court to sanction Starbucks and their Corporate outside counsel... maybe 100 times the free publicity, again it would never go that far this C&D is a lot of posturing and very little legal merit, the attorneys know that and that is why the got the result they were seeking with nothing more than a certified letter.