Balmuccino has sued Starbucks for a third time, accusing the coffee giant of appropriating its coffee-flavored lip products concept. The lawsuit, filed in Manhattan federal court, follows the dismissal of earlier versions of the case by a Seattle judge in July 2023 and another procedural dismissal.
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Balmuccino, which started developing coffee-flavored lip balms in 2016, alleges that Starbucks stole its concept after a 2018 pitch meeting facilitated by Dr. Mehmet Oz. The company claims that Starbucks’ “S’mores Frappuccino Sip Kit,” released in April 2019, closely mirrors their concept, which included lip products in flavors like Campfire Spark and Graham Glam. Balmuccino is seeking compensatory and punitive damages for the alleged infringement.
Starbucks has not yet commented on the new lawsuit. The case is filed under Balmuccino LLC v. Starbucks Corp, in the U.S. District Court for the Southern District of New York.