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A COFFEE SHOP'S NAME IN SANTA CRUZ COUNTY IS GRWOING.. CAT AND CLOUD COFFEE RECEIVED A CEASE AND DESIST FROM CATERPILLAR INC.. THE CONSTRUCTION COMPANY.. THE CORPORATIO SAYS THEY'VE ALREADY TRADE MARKED THE WORD "CAT"... ACTION NEWS REPORTER KYLA LINVILLE SPOKE WITH ONE OF THE OWNERS OF THE COFF SHOP. SHE'S LIVE IN SANTA CRUZ WITH MORE.## THE CO-OWNER WE SPOKE WITH TODAY SAYS THEY RECEIVED THE LETTER IN AUGUST OF LAST YEAR. AFTER SOME PUSH BACK ON THEIR END, THEY NOW SAY THEY'RE FACING LEGAL ACTION AGAINST THEIR BRANDING. NATS - FROM COFFEE SHOP CATERPILLAR INC. VERSUS CAT AND CLOUD COFFEE THAT'S WHAT JARED TRUBY AND HIS TEAM IN SANTA CRUZ ARE FACING. A LEGAL ISSUE SURROUNDING A TRADEMARK ON THE WORD CAT. Jared Truby, Owner and Operator of Cat and Cloud Coffee 0:12:50 "It seemed ridiculous, so we responded, we got a lawyer obviously. We asked them to further explain their case, asked them to drop it as we are in a completely different industry and they didn't want to, so we went back and forth a few times and called them out for bullying." 0:13:05 TRUBY SAYS WHEN THEY OPENED THE SHOP ALMOST THREE YEARS AGO, THEY COULDN'T HAVE PREDICTED SOMETHING LIKE THI HAPPENING. Jared Truby, Owner and Operator of Cat an Cloud Coffee 0:14:40 "Could anybody imagine a 54-billion-dollar machinery company coming after a coffee company, I don't think that's even in the cards." 0:14:48 BUTT TO Jared Truby, Owner and Operator of Cat and Cloud Coffee 0:16:00 "The first biggest thing they want us to do is not print the name Cat and Cloud on anything again. And so, I think that is unbelievable. I don't think that's going to hold up." 0:16:09 CUSTOMERS LIKE RICK TAWFIK AGREE. Rick Tawfik, San Jos 0:41:33 "I don't think anyone correlates the caterpillar company with their big yellow massive trucks with a small café, I mean I never thought about Cat and Cloud and Caterpillar in the same sentence until we heard about this lawsuit." 0:41:46 BU CATERPILLAR INC. SAYS THEY'RE ONLY CONCERN IS OVER APPAREL, PROVIDING US THIS STATEMENT: "We are not suing Cat & Cloud, not targeting a small business and not focused on Cat & Cloud's primary interest: coffee. We've simply asked the U.S. Trademark Office to remove Cat & Cloud's trademark registration on footwear and apparel only, products for which Caterpillar has longstanding trademarks and a considerab business." FACING THIS LEGAL BATTLE HAS BEEN STRESSFUL, BUT TRU SAYS THEY'RE NOT GOING TO GIVE UP. Jared Truby, Owner and Operator of Cat and Cloud Coffee 0:19:25 "I guess the good news is if somebody is intimidated by our small little company in Santa Cruz, it means were doing something right." 0:19:30 TRUBY SAYS THAT THEY'VE SPENT NEARLY TEN THOUSAND DOLLA ALREADY DEALING WITH THIS CASE. HE SAYS THAT NOT BEING ABLE TO SELL APPAREL FOR THAT EXTRA INCOME WILL HAVE AN IMPACT ON BOTH EMPLOYEES AND THE BUSINESS. A PETITION HAS BEEN CIRCULATING ON CHANGE DOT ORG - RALLYING PEOPLE TO SIGN TO "TELL CATERPILLAR INC. TO STOP BULLYING CAT AND CLOUD AND OTHER SMALL BUSINESSES." THEY HAVE ALMOST REACHED THEIR GOAL OF 75 HUNDRED SIGNATURES. AS FOR THE CATERPILLAR INC.'S FULL STATEMENT, YOU CAN FIND THAT ON OUR WEBSITE AT K-S-B-W DOT COM.###

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Controversy over a coffee shop's name in Santa Cruz. Cat and Cloud Coffee received a cease and desist from Caterpillar Inc. because they use the word "CAT."The large corporation has trademarked "CAT" and has taken legal action against the small business to stop them from using it. Owners of the small business say they first received the letter in August of 2018. "It seemed ridiculous. So, we responded and got a lawyer, obviously," said Jared Truby, co-owner of Cat and Cloud Coffee. "We asked them to further explain their case, asked them to drop it as we are in a completely different industry. They didn't want to, so we went back and forth a few times and called them out for bullying."Truby says when they opened the shop almost three years ago, they couldn't have predicted something like this happening."Could anybody imagine a $54 billion machinery company coming after a coffee company? I don't think that's even in the cards," said Truby. "The first biggest thing they want us to do is not print the name Cat and Cloud on anything again. I think that is unbelievable. I don't think that's going to hold up."Some customers agree."I don't think anyone correlates the Caterpillar company with their big yellow massive trucks with a small café," said Rick Tawfik, of San Jose. "I mean, I never thought about Cat and Cloud and Caterpillar in the same sentence until we heard about this lawsuit.""I don't think they have a legitimate case," added Emma Davis, of San Jose. "I don't think I would ever confuse the two of them. It doesn't make sense to me."Caterpillar Inc. says its only concern is over apparel, providing Action News with this statement:"Caterpillar serves customers around the world, many of whom earn their livelihood with one or two machines and often a good pair of work boots. We value all of them and strive to provide exceptional products and services. This means we have a responsibility to protect and maintain the brand they love and rely on every day - including our existing trademarks. "We are not suing Cat & Cloud, not targeting a small business and not focused on Cat & Cloud's primary interest: coffee. We've simply asked the U.S. Trademark Office to remove Cat & Cloud's trademark registration on footwear and apparel only, products for which Caterpillar has longstanding trademarks and a considerable business. We hope to resolve this issue quickly."Facing this legal battle has been stressful for the owners of the coffee shop, but Truby says they're not giving up."I guess the good news is if somebody is intimidated by our small little company in Santa Cruz, it means we're doing something right," said Truby. "It leads me to believe we're doing something that's far more important than I can see right now."Truby says they've spent nearly $10,000 already dealing with this case. He says not being able to sell apparel for extra income will have an impact on both employees and the business.A petition has also been started on Change.org asking for 7,500 signatures to "tell Caterpillar Inc. to stop bullying Cat and Cloud and other small businesses." They have almost met their goal.