A logo storm in a coffee cup

An ordinary and largely anonymous vendor, Damrong Maslae has been selling old-fashioned Thai-style coffee to residents and workers of Bangkok’s Phra Nakorn district for the last five years. Today, anonymous no more, he is making national headlines as the defendant in a court case that’s being brought by coffee giant Starbucks.
So what has Damrong done to invoke such ire? Well, according to the multinational, the “Starbung Coffee” logo emblazoned on his street-side cart, which features a man in a Muslim hat pouring coffee and holding up a victory sign, is an infringement of US Starbucks Coffee’s intellectual property rights.
The warning he’d received a year ago became a court reality 10 days ago, when a Thai law firm filed a complaint on behalf of Starbucks Coffee Company against Damrong and his brother, for not complying with a 2012 injunction to remove the offending logo.
The international coffee giant has demanded compensation of Bt300,000 plus 7.5 per cent annual interest and monthly instalments of Bt30,000 until he abandons his Starbung insignia. The initial hearing has been set for November 4.
Damrong, who used to sell coffee in Phang Nga but whose business was badly affected by the 2004 Boxing Day tsunami, moved to Bangkok six years ago and set up shop. The “bung” in the name, he explains, came from his regular Thammasat University student customers, and is a reference to the Thai habit of calling a Muslim man “Bung”.
Initially a simple placard written in pen, the sign became a bigger deal three years ago when Damrong asked a friendly cartoonist to draw him a logo. That logo, which admittedly is very similar to the familiar Starbucks sign, became his trademark in 2011.
“When we first saw the logo, none of us even thought about a legal case. Foreigners seemed to love it and posed for photos with my logo,” says Damrong, adding that while he had heard of Starbucks coffee, he had never seen its logo.
“I have no intention to imitate but I don’t see how it’s imitation. My stall is on footpath not in a department store. I use Thai coffee beans from Krabi not imported ones. Customers know which coffee they are buying,” he says.
In September last year Starbucks sent a cease-and-desist letter to the Starbung owner telling him to stop using the logo so he adjusted it. However, one of the original stickers is still attached to the front of his cart.
“I added the moon to the star in the original one and changed the colour of the border from green to blue. However, I insist on using green because it is the colour of Islam [his religion]," says Damrong, who is better known to his customers as Bung.
He also produced T-shirts with the logo for sale at Bt159 but after the first notice from Starbucks, he ordered that the silk screen block be destroyed.
Damrong has sought assistance for his case from Lawyers Council of Thailand and says he will know their answer next week.
“If they refuse [to help] I will fight the case on my own. I’ll become my own lawyer and go to the court by myself. I will tell the truth to the court,” the 44-year-old vendor says, adding that the plaintiff’s case should be against the creator of the logo and not him.
“Starbucks demanded that I remove the logo and the word “Starbung” in Thai but I refused to do that so they filed their complaint. If I follow their notice I know that I will not be able to use them again. It’s better to wait for the court’s verdict,” he says, though he has suggested that his brother, who sells coffee at Klong Lod night market, changes his logo and the name to “Stylebung”.
Last week, Starbucks sent a statement to The Nation saying that the company has been attempting to resolve this trademark issue informally and amicably for more than a year.
“Long before considering legal action, we attempted to resolve the issue amicably with Star Bung on multiple occasions. This included several informal discussions with the Star Bung owner and the Department of Intellectual Property, all with an aim to find a solution that would be mutually beneficial for both parties. We also offered the owner resources to help design a unique Star Bung logo,” the statement said.
“Unfortunately, the discussions were unsuccessful. We are left with no choice but to take legal steps to protect our trademark,”
The coffee vendor says he will accept the court verdict and if he loses, he will change his logo but keep the colour and his “Starbung” name. If he wins, he will consider filing a defamation lawsuit seeking damages against the firm.
According to Damrong, there are several coffee cart stalls with have similar names to his, for example, Starbats, Starwars, and Starducks.
In the meantime, he’s selling more coffee to the local and foreign media who crowd around his stall wanting interviews. Customers too are showing support, with one American giving him Bt1,000 and a Korean donating Bt500 to help fight his case.
He is also thinking of producing T-shirts and coffee mugs for sale. Asked if he fears this action could be deemed as a challenge to the coffee firm, he replies “Why do I have to be scared? It’s become a legal issue now. I have to fight for my dignity.”
Damrong adds that he never thought he’d become entangled in a legal wrangle with a multinational but notes that from crisis comes opportunity: his normal daily earnings of Bt1,000 have increased by 30 per cent.
“It is also good for Thai coffee. Now it becomes known worldwide,” he laughs.
And is his logo almost the same as Starbucks? “If that’s what you think then I can only suggest you have a problem with your eyesight.
“I’m just an o-lieng street vendor,” he says.