Lafayette, Indiana-based espresso roasting corporate Copper Moon Espresso is suing a Cleveland cafe by means of the identify of The Copper Moon, announcing a viral TikTok video led to confusion between the 2 companies.
Alleging federal trademark infringement, unfair pageant, false designation of beginning and trademark dilution, the Indiana corporate stated that it has gained undesirable consideration since an August 2024 TikTok that captured hundreds of thousands of perspectives and generated loads of adverse feedback on-line.
In line with a record from The Day by day Mail, the TikTok confirmed a barista at The Copper Moon refusing to promote espresso to a buyer as a result of they believed the buyer deliberate to offer it to a homeless individual out of doors the store, which was once allegedly towards the store’s coverage. The barista is filmed announcing, “I will be able to lose my task.” The video has therefore been got rid of from the social media platform.
Copper Moon Espresso claims it gained adverse on-line feedback and direct messages from consumers who mistakenly believed that the Cleveland espresso store’s coverage was once related to Copper Moon Espresso’s personal logo. With roasting and manufacturing founded in Lafayette, Indiana, Copper Moon Espresso LLC espresso merchandise are disbursed without delay to shoppers and thru grocery channels all over america, together with in Ohio.
Within the grievance, filed ultimate October in U.S. District Courtroom for the Northern District of Ohio, Japanese Department, Copper Moon LLC stated it despatched the Cleveland espresso store house owners a cease-and-desist letter associated with trademark infringement over the Copper Moon identify, and stated house owners didn’t answer.
In a felony reaction filed this week, the defendant (officially identified as Orlando Espresso Corporate LLC), in large part denied the plaintiff’s allegations referring to trademark infringement or trademark dilution, whilst calling for a jury trial.
The Cleveland corporate did recognize receiving a cease-and-desist letter, and showed allegations that it up to date its Fb profile with a commentary designed to steer clear of confusion with Indiana’s Copper Moon Espresso, but it disputes the precise timing and instances surrounding the ones occasions.
As of this writing, an Intro at the Fb web page of The Copper Moon stated, “Now not affiliated with the espresso roaster, Copper Moon Espresso, LLC, of Lafayette Indiana, or its produc.” [sic.]
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