The Unicorn Frappuccino at Starbucks captivated the hearts of many, especially fans of the magical unicorn! This drink was available briefly in Starbucks stores all across the United States, Canada, and Mexico from April 19th – 23rd. There was one that wasn’t a fan. A NY coffee shop was not delighted to see this blue and pink beverage bearing a similar name to their popular drink and slapped an infringement lawsuit on Starbucks last week!

The End, a cafe in Brooklyn, claims that Starbucks got the idea of the Unicorn Frappuccino from their Unicorn Latte. Although both are brightly adorned in neon pink and electric blue and are non-caffeinated, the drinks are very different. The Unicorn Latte is made with cashews, ginger, dates, and lemon juice, and the Starbucks Unicorn Frappuccino is made with mango syrup, sweet pink powder, and sour blue syrup.

Since its inception in December 2016, The End’s Unicorn Latte makes up 25% of their revenue! The company quickly decided to protect their intellectual property and filed for a trademark application for the “Unicorn Latte” on January 20, 2017.

The infringement lawsuit demands Starbucks to give The End all of the profits from the Unicorn Frappuccino and pay for damages and attorney fees. They also asked for Starbucks to publish a statement online for six months “correcting the confusion”. Consumers had posted photos of the the Unicorn Frappuccino on social media with the hashtag #UnicornLatte.

In a statement, a Starbucks representative told Business Insider that they believe the claims are without merit: “The Starbucks Unicorn Frappuccino blended beverage was inspired by the fun, spirited and colorful unicorn-themed food and drinks that have been trending in social media”.

Did you know that food and beverages could be trademarked? Do you think Starbucks should give The End all the profits from their Unicorn Frappuccino?

#OwnYourMark #MakeYourMark

Written by: Teresa Nguyen