Starbucks faces legal action from independent over ‘unicorn latte’

From: FoodBev Media



It was the colour-changing beverage that got consumers talking – but when Starbucks launched its Unicorn Frappuccino two weeks ago, it presumably wasn’t expecting to face legal action from a company claiming to have invented the drink first within the month.

But that’s the situation that the US coffee chain finds itself in, after a New York independent vowed to sue over the creation.

The End in Brooklyn claims to have offered a ‘Unicorn Latte’ as far back as December. Records from the United States Patent and Trademark Office show that Montauk Juice Factory, which owns the café in Brooklyn, filed for a trademark for its Unicorn Latte on 20 January.

The similarities between the two beverages are strikingly similar: like Starbucks’ Unicorn Frappuccino, the Unicorn Latte is a blended coffee with light pink and blue colours, as well as pink and blue dusting on top of a light foam.

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At the time: Starbucks launches unicorn Frappe

At the time of launch, Starbucks said that the Unicorn Frappuccino was inspired by social media and would take the trend for unicorns to a new level. The striking blended crème is made with a sweet dusting of pink powder, blended into a crème Frappuccino with mango syrup and layered with a pleasantly sour blue drizzle. It is then finished with vanilla whipped cream and a sprinkle of sweet pink and sour blue powder topping. It starts as a purple beverage with swirls of blue and a first taste that is sweet and fruity. But give it a stir and its colour changes to pink, and the flavour evolves to tangy and tart. The more swirl, the more the beverage’s colour and flavours transform. It was only available for a limited time – one weekend in April, to be precise – but clearly Montauk Juice Factory, which claims to have invented the concept, feels enough grievance now to launch a lawsuit.

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According to Reuters, Montauk Juice Factory has filed a lawsuit in a US district court in New York, claiming that Starbucks should be “held accountable for infringing, diluting and otherwise diminishing” its own trademark.

It reported that the two drinks’ similarities – both in name and appearance – were likely to make it difficult for consumers to tell them apart.

The small New York-based company is seeking all profits from the sale of Starbucks’ drink, plus additional damages.

Starbucks has said that it believes Montauk Juice Factory’s claims are without merit.

It told Reuters in an email: “The Starbucks Unicorn Frappuccino blended beverage was inspired by the fun, spirited and colourful unicorn-themed food and drinks that have been trending in social media.” A spokesperson for the company reiterated that it was only available for a short time, and that it was no longer being sold in Starbucks stores.

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