NEW YORK, Aug 16 (Reuters) - Starbucks ( SBUX ) has been

sued for a third time by a company that accused the coffee chain

of stealing its concept for coffee-flavored lipstick and lip

gloss.

Balmuccino, whose leaders have included a sister-in-law of

TV doctor Mehmet Oz, filed its complaint on Friday in Manhattan

federal court.

The filing followed a Seattle federal judge's July 2023

dismissal of an earlier version of the lawsuit on procedural

grounds, the second such dismissal.

Starbucks ( SBUX ), based in Seattle, had no immediate comment.

Balmuccino said it began developing coffee-flavored lip

balms in 2016 and pitched them at an October 2018 meeting in

Starbucks' ( SBUX ) New York office, where it provided prototypes and

other confidential information.

The Los Angeles-based company said Dr. Oz had brokered the

meeting, when he contacted Starbucks ( SBUX ) Chief Executive Howard

Schultz to suggest a possible joint venture.

Balmuccino said Starbucks ( SBUX ) "stole" its fully developed

concept for lip balms by launching its "S'mores Frappuccino Sip

Kit" in April 2019.

The kits included lipstick and gloss in four shades:

Campfire Spark, Chocolicious Bliss, Graham Glam and Marshmallow

Glow.

Balmuccino said Starbucks ( SBUX ) did not compensate it for selling

Sip Kits, and is seeking unspecified compensatory and punitive

damages.

It said its lawsuit is not too late because New York lets

some plaintiffs put statutes of limitation on hold when they sue

in the wrong forum and, "as here," a court finds it lacks

jurisdiction.

Balmuccino originally sued Starbucks ( SBUX ) in Los Angeles in

October 2019.

The case is Balmuccino LLC v. Starbucks Corp ( SBUX ), U.S. District

Court, Southern District of New York, No. 24-06214.