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Blackstar Coffee wins trademark lawsuit against pa...

Blackstar Coffee wins trademark lawsuit against pastry namesake

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Black Star Pastry

In a decisive victory for Brisbane-based Blackstar Coffee Roasters, the Federal Circuit Court has ruled that Sydney’s Black Star Pastry infringed on the Queensland company’s long-standing trademarks.

The court’s decision marks the end of an eight-year legal battle that pitted a local specialty coffee pioneer against a rapidly expanding bakery brand with international ambitions.

On Friday, Judge Nicholas Manousaridis handed down the ruling, determining that Black Star Pastry had breached two trademarks owned by Marty Richards, founder of Blackstar Coffee Roasters.

The infringement stemmed from the bakery’s use of the term “Black Star” in connection with the sale and marketing of coffee beverages and branded coffee, despite repeated objections from Richards.

“It’s like David and Goliath,” Marty told The Courier Mail.

“It’s like your team just won the Grand Final.”

Blackstar Coffee, which began roasting in Brisbane’s West End in 2007, registered its trademarks in 2008 and 2009. The business has since grown into a well-known brand in Queensland, with a strong focus on sustainability, ethical sourcing, and local community ties.

Marty stated in a 2019 email to Black Star Pastry CEO Emily Makiv that the protection of the Blackstar name was essential to avoid brand confusion in a growing marketplace.

Despite these concerns, Black Star Pastry—founded in Sydney’s Newtown in 2008 and acquired by hotelier Louis Li in 2018—pursued an aggressive expansion strategy. This included openings in Melbourne, Chatswood, and even Shanghai, accompanied by increased coffee sales and branding efforts.

Judge Manousaridis noted the company’s continued use of “Black Star” in its coffee-related business activities despite its failure to secure trademark approval for café services.

The court found that Black Star Pastry knowingly used the trademarked term after being denied consent and registration, further reinforcing the strength of Marty’s claims.

The ruling prevents the bakery from continuing to use the name “Black Star” in relation to coffee, with the case scheduled to return to court on September 11 to determine the exact terms of the injunction.


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