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Does MOONRAY Infringe MOONSTRUCK?

Portland-based Moonstruck Chocolate Co. filed a trademark infringement suit January 19 against Duvall, Washington-based Moonray Espresso Corp. and Michael Snow, its alleged owner. Plaintiff’s complaint, filed in the Western District, alleges that defendants’ MOONRAY name, mark, and “moon” design used in connection with their coffee house infringe plaintiff’s MOONSTRUCK name, federally-registered marks, and “moon” design used in connection with plaintiff’s chocolates and “chocolate cafes.” The case was assigned to Judge James Robart.

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Reader Comments (7)

This is total bull, and if does not infringe within the means of the law. Where in the green earth have they found that they are taking their design, clients, and selling chocolate? I don't think so... I think the chocolate company is doing so poorly so they need to pick on someone to go after... I bet you their sales are down so they figured hey we will go after this guy.

Corporate bully if you ask me! Here ready what Ray vs Struck means:

http://en.wikipedia.org/wiki/Moon
&
http://en.wikipedia.org/wiki/Ray

vs.

http://en.wikipedia.org/wiki/Moonstruck

Now I think Moonstruck is in violation of copyright themselves as they opened in 1993 and they used Moonstruck as their business name after the 1987 romantic comedy film directed by Norman Jewison.

Take that one to the bank!

So let's see how this plays out now, since 1987 comes before 1993, and moonstruck is in different meaning to moonray. No where does Moonray make chocolate nor promote itself as a chocolate. If Moonstruck went to see Donald Trump surely you know they would be out of the Boardroom. If Moonstruck can compete in the industry then do it without the legal battles, do it like the other hard working people do in the USA.

Anyhow my word of advice to MoonStruck, you should change your business name as well. Wait till Hollywood sees this case!
February 5, 2007 | Unregistered CommenterDuvall Forums
Moon is only half of either name! It seems a ridiculous complaint and I can't imagine they've experienced any damages. Let's not forget "Moonlighting" the show done with Sybil Shepherd and Bruce Willis. I'll bet there are any number of complaints/lawsuits that could be filed against THEM if this is allowed to go forward. How infantile. I think I need a cup of coffee.
February 5, 2007 | Unregistered CommenterPaula Popp
I have started a conversation in regards to this in our local community in support of Moonray Espresso here:

http://www.duvallforums.com/forums/help-support-moonray-espresso-t18918/index.html

All credits go back to here Michael Atkins blog. As I can not thank you enough for helping bring this to our attention!

Paula, you are so loved in Duvall! ;)

All the best!
February 5, 2007 | Unregistered CommenterDuvall Forums
How come they are not suing some of the following?

COLORCOPIA REDMOND WA
Trade Name:MOONSTRUCK EVENTS & DESIGN

CRYSTAL MOON JEWELRY OAK HARBOR WA
Trade Name:MOONSTRUCK ENTERPRISES

MEDIA BUY DESIGN SAMMAMISH WA
Trade Name:MOONSTRUCK JEWELRY

MOONSTRUCK LEAVENWORTH WA

MOONSTRUCK SPOKANE WA

MOONSTRUCK BAY ISSAQUAH WA

MOONSTRUCK CAROUSEL LACEY WA

MOONSTRUCK CHOCOLATE COMPANY CAMAS WA

MOONSTRUCK CHOCOLATIER, INC. SEATTLE WA

MOONSTRUCK CONFECTIONS CO., INC. PORTLAND OR

MOONSTRUCK EVENTS & DESIGN REDMOND WA

MOONSTRUCK MEADOWS LA CENTER WA

MOONSTRUCK MUSES BOTHELL WA

MOONSTRUCK MUSIC SEATTLE WA

MOONSTRUCK PHOTOGRAPHIC IMAGES LYNNWOOD WA

MOONSTRUCK WEDDINGS & EVENTS ISSAQUAH WA
MOONSTRUCK, LLC

SEATTLE PACIFIC AVIATION POULSBO WA
Trade Name:MOONSTRUCK ENVIRONMENTS

SEQUIM SMALL ENGINES SEQUIM WA
Trade Name:MOONSTRUCK LAWN CARE

SHEILA PERRIN DESIGNS REDMOND WA
Trade Name:MOONSTRUCK EVENTS & DESIGN

THE MAINTENANCE MAN SEQUIM WA
Trade Name:MOONSTRUCK LAWN CARE

Is this because they are "Bullying" Moonray Espresso?

The above was posted by a member of Duvall Forums here:

http://www.duvallforums.com/forums/help-support-moonray-espresso-t18918/index.html

Thanks for letting us share this information on your wonderful blog as well.

February 10, 2007 | Unregistered CommenterDuvall Forums
the three companies below are not even close to the only companies with a conflict in names, however these companies produce chocolates. i smell a rat that either wants to get into the coffee business, or use this as a way to increase their sales by getting their name out there and they do not care who they hurt.

MOONSTRUCK CHOCOLATE COMPANY CAMAS WA

MOONSTRUCK CHOCOLATIER, INC. SEATTLE WA

MOONSTRUCK CONFECTIONS CO., INC. PORTLAND OR
March 19, 2007 | Unregistered Commentergene gossett
I say we start a huge letter writing campaign to Moonstruck Chocolates. Their email address is info@moonstruckchocolate.com

Tell them you'll not only never buy their chocolates BUT that you will tell EVERY person in the entire Seattle area that you know to ALSO never buy their chocolates. Don't stop there, tell they you'll also seriously support a boycott any future store they might want to open here. Seattle is a natural outlet for a Portland company...tell them stay home.

Tell them you're going to start emailing your friends all over the U.S.A. as well and ask them to pass it on. Tell Moonstruck you'll do it with the intention to not only show people what bullies they are but to specifically hurt their image.

It could end up one of those internet emails that won't die. Sales could plummet for them...nobody likes a bully. Grass roots campaigns are highly effective these days thanks to the internet.

Here's a sample of how an email like that could become an urban legend type of email that won't die. (This is only an example of how it COULD end up, I'm NOT suggesting you start with it and deliberately lie!!!)

----------------------------------------------------------------------------------------------

Please help! A small family owned business is being targeted by another corporate bully and you can help stop them! Moonstruck Chocolates is trying to shut down a small coffee shop in Duvall, Washington for so-called Trademark Infringement.

The owner of the coffee shop, Moonray Espresso is going broke trying to fight the lawsuit and could lose not only his business but his home as well and end up homeless all because of greed from a big uncaring corporation. The people at Moonray Espresso helped my family when my daughter was hit by a car and I only want to help them back.

(What's worse is that I've heard someone in his family is sick and they have expensive hospital bills too if they don't keep their coffeeshop but I can't get a definite answer on that part.) But, if it's true and if they go broke...I shudder to think of what could happen!

Please, pass this on to ten friends and boycott Moonstruck Chocolates and stand up for this hardworking American family! This could happen to you too!

Go to their website: http://www.moonstruckchocolates.com or send them an email at info@moonstruckchocolates.com and tell them you'll never eat their chocolates.

Pass this on to all your friends and tell them to never eat their chocolates! Thanks for your help, you can make a huge difference!

Janet B., Duvall, Washington

---------------------------------------------

Ten years from now, it would still be floating around but by then it might have some urban legend twists such as:
"Please pray" and "their daughter died in a car accident" and "the owner is having his home bulldozed in a week by the big bully corporation if you don't help..."

The beauty of this is that if someone takes the time to look it up, they will find a real lawsuit and be that more inclined to pass it on. The snowball from internet hell rolling ever onward toward Moonstruck Chocolates.

That's how mass emails work and Moonstruck must know that (and they will because I'm going to email them this idea personally.)
Well, I snail mailed letters to all the businesses in WA listed on Moonstruck's website suggesting they stop carrying Moonstruck products unless the suit was dropped. One wrote back saying they had sent their Moonstruck chocolates back! I'm working on letters to the attorneys (addresses on the court document in the link above) and the owners, Sally and David Bany, who must have made lots of money when they sold Columbia Sportswear. Just the $500 a pop for Moonstruck's Oscar package probably created enough profits to buy Moonray outright!
March 24, 2007 | Unregistered CommenterSteve C., Shoreline WA

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