Friday, January 28, 2005

Old Quarter Acoustic Café in small Small Victory

Kuff, notes in the Galveston Daily News that the small watering hole, Old Quarter Acoustic Café, won in a hearing against the giant Starbucks.

A federal judge has denied a request by Starbucks Corp. to issue a ruling in its legal battle against a local bar owner, putting the case on track for a June 6 trial.

U.S. District Court Judge Samuel Kent issued his decision over the weekend and filed his response with the court Monday, denying all of the requests by the global coffee corporation.

Starbucks delivered a massive, 7-pound volume of legal paperwork to the judge on Dec. 23, citing myriad examples from other well-known trademark cases, and asking him to declare a partial summary judgment or summary adjudication.

This looks to be a major blow to Starbucks in this David vs Goliath case. The burden is now required to supply the burden of proof, for damages. We wonder though, even if Rex Bell wins, he loses, the suit is a heavy burden for a small business to carry.

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