Starbucks faces its third lawsuit over allegedly stealing a coffee-flavored lipstick concept, as Balmuccino takes the coffee giant to court once again.
At a Glance
- Balmuccino files third lawsuit against Starbucks for allegedly stealing coffee-flavored lipstick concept
- Lawsuit filed in Manhattan federal court, seeking unspecified damages
- Previous lawsuits dismissed on procedural grounds
- Starbucks launched “S’mores Frappuccino Sip Kit” in 2019, which Balmuccino claims copies their idea
- Case highlights challenges in protecting intellectual property in business partnerships
Third Time’s the Charm? Balmuccino Takes Starbucks to Court Again
In a persistent legal battle, Balmuccino has filed its third lawsuit against coffee giant Starbucks, alleging theft of its coffee-flavored lipstick and lip balm concept. The complaint, filed in Manhattan federal court, marks the latest chapter in a dispute that began in 2019. Balmuccino claims Starbucks misappropriated its fully developed concept for coffee-flavored lip products, launching a similar product without compensation or credit.
The case, filed as Balmuccino LLC v. Starbucks Corp in the U.S. District Court, Southern District of New York (No. 24-06214), seeks unspecified compensatory and punitive damages. Starbucks, headquartered in Seattle, has not yet commented on the latest legal action.
Starbucks is sued again for alleged stealing concept for coffee-flavored lipstick https://t.co/saiGh2bJat pic.twitter.com/cKq4oITG2I
— Reuters (@Reuters) August 16, 2024
A Brief History of the Dispute
The origins of this legal saga trace back to 2016 when Balmuccino began developing coffee-flavored lip balms. The company says that in October 2018 it pitched its concept to Starbucks, providing prototypes and confidential information. This meeting was reportedly brokered by television personality Dr. Mehmet Oz, who contacted then-Starbucks CEO Howard Schultz to suggest a joint venture.
The crux of Balmuccino’s complaint is that Starbucks “stole” their concept by launching the “S’mores Frappuccino Sip Kit” in April 2019. This kit included lipstick and gloss in four shades: Marshmallow Glow, Graham Glam, Chocolicious Bliss, and Campfire Spark. Balmuccino alleges that Starbucks did not compensate them for using their idea.
Legal Challenges and Procedural Hurdles
Balmuccino’s legal journey has been fraught with challenges. The company originally sued Starbucks in Los Angeles in October 2019. However, this lawsuit, along with a subsequent one, was dismissed on procedural grounds. The most recent dismissal came in July 2023 by a Seattle federal judge.
Despite these setbacks, Balmuccino argues that they can still pursue legal action. The company cites New York’s statutes of limitation rules when suing in the wrong forum, which allow for certain extensions in filing deadlines. This legal maneuver underscores the complexities of intellectual property disputes and the importance of proper jurisdiction in such cases.
Implications and Future Outlook
This ongoing legal battle between Balmuccino and Starbucks highlights the challenges of protecting intellectual property in business partnerships. It also raises questions about the ethics of large corporations in their dealings with smaller, innovative companies. As the case progresses, it will be closely watched by legal experts and business leaders alike.
The outcome of this third lawsuit could have significant implications for both parties. For Balmuccino, it represents a last-ditch effort to seek compensation for what they believe is their stolen concept. For Starbucks, it’s another legal challenge to navigate while maintaining its brand image and business practices.
As the court prepares to hear this case, the coffee and beauty industries will be watching closely. The verdict could set a precedent for how ideas and concepts are shared and protected in cross-industry collaborations, potentially influencing future business practices and partnerships.
