Just weeks after having her case against coffee monolith Starbucks thrown out of court, singer-songwriter Carly Simon has re-filed her lawsuit, claiming that Starbucks failed to provide adequate promotion for her 2008 album This Kind of Love.
According to Canoe, Simon has updated her case to claim that Alan Mintz, vice-president of content development at Starbucks, promised both in person and during phone calls that the album would be widely promoted and distributed by Hear Music, Starbucks' label.
The first time around, Simon claimed she had been duped, and that This Kind of Love had gone under the radar due to promotional negligence. Then, Starbucks responded, claiming that "we offered Carly Simon CDs in every store that we offered Paul McCartney CDs. We put This Kind of Love into every store that sells music, which is almost every one of our stores. We're talking about more than 7,000 stores had a supply of Carly Simon CD at launch."
Additionally, Starbucks claimed the store left the CDs out long after they were scheduled to, and supported the claim by pointing out that the company ended up being responsible for almost half of the total number of albums sold (approximately 120,000).
So, when Simon's first case was thrown out of court because Starbucks had neither engaged in "torturous interference" with the contract or "unlawful, unfair and fraudulent business practices," we figured, wrongly, that this legal battle was over.
According to Canoe, Simon has updated her case to claim that Alan Mintz, vice-president of content development at Starbucks, promised both in person and during phone calls that the album would be widely promoted and distributed by Hear Music, Starbucks' label.
The first time around, Simon claimed she had been duped, and that This Kind of Love had gone under the radar due to promotional negligence. Then, Starbucks responded, claiming that "we offered Carly Simon CDs in every store that we offered Paul McCartney CDs. We put This Kind of Love into every store that sells music, which is almost every one of our stores. We're talking about more than 7,000 stores had a supply of Carly Simon CD at launch."
Additionally, Starbucks claimed the store left the CDs out long after they were scheduled to, and supported the claim by pointing out that the company ended up being responsible for almost half of the total number of albums sold (approximately 120,000).
So, when Simon's first case was thrown out of court because Starbucks had neither engaged in "torturous interference" with the contract or "unlawful, unfair and fraudulent business practices," we figured, wrongly, that this legal battle was over.
