Starbucks is sued again for alleged stealing concept for coffee-flavored lipstick
By Jonathan Stempel
NEW YORK, Aug 16 (Reuters) -Starbucks SBUX.O has been sued for a third time by a company that accused the coffee chain of stealing its concept for coffee-flavored lipstick and lip gloss.
Balmuccino, whose leaders have included a sister-in-law of TV doctor Mehmet Oz, filed its complaint on Friday in Manhattan federal court.
The filing followed a Seattle federal judge's July 2023 dismissal of an earlier version of the lawsuit on procedural grounds, the second such dismissal.
Starbucks, based in Seattle, had no immediate comment.
Balmuccino said it began developing coffee-flavored lip balms in 2016 and pitched them at an October 2018 meeting in Starbucks' New York office, where it provided prototypes and other confidential information.
The Los Angeles-based company said Dr. Oz had brokered the meeting, when he contacted Starbucks Chief Executive Howard Schultz to suggest a possible joint venture.
Balmuccino said Starbucks "stole" its fully developed concept for lip balms by launching its "S'mores Frappuccino Sip Kit" in April 2019.
The kits included lipstick and gloss in four shades: Campfire Spark, Chocolicious Bliss, Graham Glam and Marshmallow Glow.
Balmuccino said Starbucks did not compensate it for selling Sip Kits, and is seeking unspecified compensatory and punitive damages.
It said its lawsuit is not too late because New York lets some plaintiffs put statutes of limitation on hold when they sue in the wrong forum and, "as here," a court finds it lacks jurisdiction.
Balmuccino originally sued Starbucks in Los Angeles in October 2019.
The case is Balmuccino LLC v. Starbucks Corp, U.S. District Court, Southern District of New York, No. 24-06214.
Reporting by Jonathan Stempel; Editing by Sandra Maler
Related Assets
Latest News
Disclaimer: The XM Group entities provide execution-only service and access to our Online Trading Facility, permitting a person to view and/or use the content available on or via the website, is not intended to change or expand on this, nor does it change or expand on this. Such access and use are always subject to: (i) Terms and Conditions; (ii) Risk Warnings; and (iii) Full Disclaimer. Such content is therefore provided as no more than general information. Particularly, please be aware that the contents of our Online Trading Facility are neither a solicitation, nor an offer to enter any transactions on the financial markets. Trading on any financial market involves a significant level of risk to your capital.
All material published on our Online Trading Facility is intended for educational/informational purposes only, and does not contain – nor should it be considered as containing – financial, investment tax or trading advice and recommendations; or a record of our trading prices; or an offer of, or solicitation for, a transaction in any financial instruments; or unsolicited financial promotions to you.
Any third-party content, as well as content prepared by XM, such as: opinions, news, research, analyses, prices and other information or links to third-party sites contained on this website are provided on an “as-is” basis, as general market commentary, and do not constitute investment advice. To the extent that any content is construed as investment research, you must note and accept that the content was not intended to and has not been prepared in accordance with legal requirements designed to promote the independence of investment research and as such, it would be considered as marketing communication under the relevant laws and regulations. Please ensure that you have read and understood our Notification on Non-Independent Investment. Research and Risk Warning concerning the foregoing information, which can be accessed here.
