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Background to the Dispute

Blackstar Coffee Roasters, established in West End in 2007, registered its “Blackstar” trademarks in 2008 and 2009 for coffee-related goods and services. The business began roasting from an old football club shed before opening its first store in a West End back street in 2008, building a local following through wholesale supply and market sales.

Black Star Pastry, launched in Sydney’s Newtown in 2008, initially operated as a bakery but later began selling coffee beverages and branded coffee. In 2018, the business was acquired by a hotelier, leading to expansion into Melbourne, Chatswood, and a flagship store in Shanghai in 2022. All three Melbourne outlets closed in 2024.

Court Findings

On 1 August 2025, the Federal Circuit and Family Court of Australia (Division 2) found that Black Star Pastry had infringed two of Blackstar Coffee’s registered trademarks. The court determined the bakery used the “Black Star” name in connection with coffee despite lacking trademark approval for café services and after consent was refused by Blackstar Coffee.

The judgment noted that Black Star Pastry continued to use the name in its coffee-related activities knowing it had failed to secure permission and trademark registration.

Business Standing

Blackstar Coffee Roasters now operates from a roastery in East Brisbane, supplying wholesale clients and maintaining a retail presence. The business focuses on specialty-grade beans, ethical sourcing, and industry training, continuing to expand its wholesale network.

Next Steps

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The case will return to court on 11 September 2025 to finalise the terms of an injunction, which is expected to limit Black Star Pastry’s ability to use the “Black Star” name for coffee.

Published 12-Aug-2025

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