‘Charbucks’ no grounds for lawsuit
Manchester, N.H. A New Hampshire micro roastery that sells a dark coffee blend called “Charbucks” hasn’t harmed coffee giant Starbucks, a federal judge ruled.
Seattle-based Starbucks failed to prove its image was tarnished by the Charbucks brand, U.S. District Court Judge Laura Taylor Swain in New York wrote last week.
She said that in adopting the name, the Tuftonboro-based Black Bear Micro Roastery intended to take advantage of the similarity to the Starbucks name. But, she ruled, the evidence did not support an inference it was done to mislead consumers about a connection between the two.
Starbucks, which sued the company back in 2001, claiming trademark infringement, unfair competition and dilution of the Starbucks trademark, also failed to demonstrate that a Charbucks brand is likely to hurt the perception of Starbucks goods in the eyes of the public, she said.
Jim Clark, owner of Black Bear, said he chose the Charbucks name to warn customers that his new roast was very dark. His company has used the name in incarnations that included “Charbucks Blend” and “Mr. Charbucks.”
Guidant shareholders to vote Jan. 31 on buyout
Indianapolis Guidant Corp. shareholders will vote Jan. 31, four days later than originally planned, on a $21.5 billion offer by Johnson & Johnson to buy the troubled medical device maker.
J&J spokesman Jeff Leebaw said Wednesday the vote was delayed to allow sufficient time for Guidant shareholders to review proxy materials.
Shareholder approval is the last remaining closing condition, he said.
“If the Guidant shareholders approve the acquisition Jan. 31, we would close shortly thereafter,” he said.
Competing medical device maker Boston Scientific Corp. on Dec. 5 offered to buy Guidant for $25 billion through a combination of cash and stock worth about $72 per Guidant share. While Guidant has agreed to provide information to Boston Scientific and discuss its offer, it has not made a recommendation on the proposal, according to SEC filings Wednesday.
On Nov. 14, New Brunswick, N.J.-based Johnson & Johnson and Indianapolis-based Guidant agreed to a revised deal in which J&J lowered its initial offer of $25.4 billion.
Oregon man pleads guilty to attack on eBay
San Jose, Calif. A man pleaded guilty to infecting about 20,000 computers with a worm and using them to launch denial of service attacks against eBay Inc. and other online businesses in 2003.
Anthony Scott Clark, 21, of Beaverton, Ore., entered the plea Tuesday in U.S. District Court in San Jose. He faces 10 years in prison, a $250,000 fine, three years probation and other penalties, the U.S. attorney’s office said Wednesday.
According to court documents, Clark and unidentified accomplices used a worm that exploited a vulnerability in the Windows operating system to gain control of the computers.