Biggby Coffee, a Michigan-based brand has filed a lawsuit in the United States District Court for the Western District of Michigan against Bixby over trademark infringement.
The plaintiff alleges that the defendant is using a brand and image that is identical to that of Biggby’s which has caused lots of damages, confusion and unfair competition.
“3. Upon entering the franchise location, the customer asked if I could assist with setting up a subscription service for the direct shipment of Biggby Coffee to the customer’s home address.
4. Biggby Coffee subscriptions are available for purchase through Biggby’s website at https://store.bhappylounge.com/p-9551-coffee-subscription-b-happy-and-drink-great-coffee.aspx.
5. When I started to question the customer about the desired Biggby subscription service, the customer replied by showing me a marketing video that advertised Bixby Coffee.
6. The customer thought Bixby Coffee sold Biggby’s coffee because of the similarities in the sound, pronunciation, and appearance of the words “Biggby” and “Bixby.”
7. The Individual in the Bixby video pronunces the word “Bixby” in a manner that sounds virtually identical to the pronunciation of the word “Biggby.”
The plaintiff claims that Biggby name, logo and color scheme has been in use since 2008 and has steadily gained popularity and good reputation. The plaintiff further alleges that Bixby is using a name, color scheme and product design that is similar to theirs in appearance and impression especially the orange colour used in Bixby branding.
The plaintiff is seeking payment for damages equal to three times Bixby’s earning and revenue made from the infringement plus destruction and permanent injunction to stop the use of all marketing and products that uses Biggby infringed marks.