Starbucks Corp. has filed suit for a declaration of non-trademark infringement against South Dakota Network, LLC.
At issue is the parties’ competing use of SDN.
Starbucks uses the mark in connection with STARBUCKS DIGITAL NETWORK, its free in-store wi-fi connection.
Defendant South Dakota Network owns a number of federal registrations for SDN, including “Broadband communication services, namely, private line services, frame relay services, and asynchronous transfer mode services; Wireless broadband communication services; Providing high speed access to area networks and a global computer information network; Providing dedicated high speed access to a global computer information network; Dedicated long distance telephone services; Dedicated long distance and providing dedicated access to the Internet.”
The complaint alleges that “Starbucks’ use of the acronym SDN is only used as a shorthand reference to its Starbucks Digital Network website and is not used to promote wi-fi services or any services other than the Starbucks Digital Network website that is available exclusively to Starbucks in-store customers.”
The complaint adds that South Dakota Network sent Starbucks a number of cease-and-desist letters. The letters led to settlement discussions, which broke down, allegedly giving Starbucks a reasonable fear that it would be sued for trademark infringement.
Starbucks filed suit in the District of Nebraska, where it alleges South Dakota Network does business.
South Dakota Network has not yet responded to the complaint.
Associated Press story here.
The case cite is Starbucks Corp. v. South Dakota Network, LLC, No. 11-237 (D. Neb.).