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Corporate Social Responsibility
News
2.08.2007 - 09:10am ET
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Starbucks is 'Flat Wrong' in Calling Ethiopia’s Licensing Efforts Illegal
Top U.S. law firm Arnold & Porter LLP refutes Starbucks’ VP claim that signing a license agreement with Ethiopia would be against the law.
(CSRwire) February 8, 2007- Addis Ababa- Starbucks is misleading the public by
claiming that Ethiopia’s efforts to trademark its prized coffee brands
and license international distributors are illegal, says Robert Winter.
Winter is partner at the Washington DC-based law firm Arnold & Porter LLP
which has been advising Ethiopia in these efforts. Winter stated publicly
today: “There is nothing illegal or unlawful about Ethiopia's program to
obtain trademark protection for its coffee marks.” And he went on:
“Moreover, there is nothing unlawful about Starbucks entering into a
license agreement that acknowledges Ethiopia's trademark rights. To make
this claim is flat wrong. Indeed, we believe that Ethiopia already enjoys
effective trademark rights in its marks through widespread use of those
marks for more than 75 years.”
Winter’s statement is a direct response to the claims by Dub Hay,
Starbucks’ VP for coffee procurement, made on YouTube. This false claim
is the latest in a series of misleading statements made by Starbucks since
Ethiopia first approached the company in early 2005. Further, Starbucks’
representatives continue to state publicly that they know what is best for
Ethiopian coffee farmers and refuse to acknowledge Ethiopia’s right to
own and protect its valuable intellectual property in this way.
Ethiopia is reaching out to the specialty coffee industry worldwide with
an invitation to enter into dialogue with the EIPO and to help shape a
long term, mutually beneficial branding and distribution strategy for
these coffees.
Of the current status of negotiations with Starbucks, Winter remarks:
“Starbucks has expressed some concerns about the specific terms of the
license Ethiopia has proposed and Ethiopia is prepared to enter into
discussions to try to address those concerns, but there is no point in
doing so while the company objects in principle to Ethiopia’s ownership
of trademarks.”
“Ethiopia views trademark registrations as important business assets
that will better enable it to manage the distribution of its coffees and
to establish an effective distribution network”, Winter stated.
Ethiopia’s innovative Coffee Trademarking and Licensing Initiative is
set to put Ethiopia’s producers and exporters on a more equal footing
with their international buyers and improve the long-term market prospects
for these coffee brands. Cooperation and support from buyers at this time
demonstrates significant corporate social responsibility, given the
critical importance of coffee income to more than 15 million people who
earn their living by producing and supplying Ethiopian coffee.
For further information contact:
Robert Winter
Arnold and Porter
Robert_Winter@aporter.com
T: +1 (202) 942 5161
Getachew Mengistie
Ethiopian Intellectual Property Office, Addis Ababa
gmengistie@yahoo.com
T: +251 (11) 553 4969
Ethiopian Embassy, Washington D.C.
T: +1 (202) 364 1200
www.ethiopianembassy.org
Ron Layton, Light Years IP
ron.layton@lightyearsip.net
T: +1 (202) 547 7515
About the Ethiopian Coffee Trademarking and Licensing Initiative
This initiative is led by the Ethiopian Intellectual Property Office in
conjunction the Ethiopia Coffee Stakeholder Committee which includes
private and cooperative exporters and other entities supporting the coffee
sector. It began in 2004 and has to date registered trademarks for Sidamo,
Harar and Yirgacheffe in more than 30 countries. In the USA, the TM for
Yirgacheffe was granted in 2006 and the other applications are pending.
All three trademarks are registered in Canada, and so are Harar and
Yirgacheffe in European Union and Sidamo and Yirgacheffe in Japan.
Licensing negotiations in the USA and other countries began in the second
half of 2006. The Initiative has financial support from the UK’s
Department for International Development (DFID), and advice and training
from Washington DC-based NGO, Light Years IP, but no funding directly from
coffee companies.
Further Background
In 2005, the Ethiopian Ambassador to the U.S requested that Starbucks
withdraw their application for a trademark that included the word Sidamo,
and which was blocking Ethiopia’s own application. In exchange,
Starbucks was asked to accept a royalty-free license agreement covering
Sidamo and also Harar and Yirgacheffe. Throughout 2005, Starbucks ignored
requests by Ethiopia to cooperate in resolving this matter. Starbucks
withdrew its own Sidamo trademark application only after the National
Coffee Association USA filed against Ethiopia’s applications at the U.S.
Patent & Trademark Office.
Dub Hay, Starbucks VP for coffee procurement is on the Executive Committee
and a Board Director of the NCA.
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