Dumb Starbucks

Performance Art, a Marketing Ploy or Just a Reason to Taunt Trademark Lawyers?

Is "Dumb Starbucks" performance art, a marketing ploy or something else entirely?

Residents of Los Angeles' Los Feliz neighborhood were left to ponder a question with no immediate answers this weekend as a coffee shop opened that resembled a Starbucks in every way, but with the word "Dumb" in front of the outlet's name.

Dumb Starbucks offered Dumb Vanilla Blonde Roast, Dumb Chai Tea Latte, Dumb Caramel Macchiato and much more, all available in sizes from Dumb Venti, Dumb Grande to Dumb Tall.

According to a Wall Street Journal article, a barista who identified herself as Amber said she found the job online and was interviewed by a man whose name she doesn't recall. Asked whether the store was some kind of artistic statement, she said, "I don't know. What is art? Maybe serving coffee is art."

Pressed further, she pointed visitors to a "frequently asked questions" handout. The document said that Dumb Starbucks is using the Starbucks name and logo "for marketing purpose," and that doing so is legal because of "parody law" and the "fair use" doctrine.

So, is this a real business? Yes, the handout says. "Although we are a fully functioning coffee shop, for legal reasons Dumb Starbucks needs to be categorized as a work of parody art. So in the eyes of the law, our 'coffee shop' is actually an art gallery," it added, "and the 'coffee' you're buying is considered the art."

Nice Try, But.... [see video at: http://usat.ly/1h3HYbt]
Despite waning interest following its reveal as an apparent publicity stunt coupled with the looming threat of legal action, in the end, it was the Los Angeles County Department of Health Services that put a stop to “Dumb Starbucks.”

The man behind the concept - Nathan Fielder, a Comedy Central personality with a show to promote - came forward at a news conference, saying he planned an expansion.

Within an hour, health officials had closed the rogue location down.

A sign inside the store told customers the business was a work of parody art.

But was that enough to ease the minds of Starbuck’s attorneys?

Well, the global coffee company issued the following statement Monday: “We are obviously aware of the Dumb Starbucks location in Los Feliz. It is not affiliated with Starbucks. We are evaluating our next step. While we appreciate the humor of the store, they cannot use our name. It is a protected trademark.”

Sources:
1. USA Today, "Starbucks Responds to Dumb Starbucks in LA," Jolie Lee, February 10, 2014
2. The Wall Street Journal, "Dumb Starbucks Creates Stir in L.A.," Ben Fritz and Julie Jargon, February 10, 2014

Google Intent on Using Encryption

The Wall Street Journal/Rebecca Blumenstein/January 24, 2014 --Google Chairman Eric Schmidt said the company is intent on using encryption technologies to penetrate counties with strict censorship rules, such as China and North Korea.

"It is possible, within the next decade, using encryption, we would be able to open up countries that have strict censorship laws .. giving people a voice," Mr. Schmidt said on the side-lines of the World Economic Forum at Davos, Switzerland.

In the wake of the disclosure about surveillance by the National Security agency, Mr. Schmidt said Google has been working to strengthen its encryption so governments "won't be able to" penetrate it. "This creates a problem for governments like China's," Mr. Schmidt added.

Google Inc. moved its search services out of China in 2010 and relocated to Hong Kong, because of concerns about censorship and cyber-attack, but Mr. Schmidt said that the company watches developments there closely. YouTube is totally blocked and that Gmail works sporadically.

The Google chairman said he views the Chinese as technological equals, but he blamed them for most of the world's industrial espionage. "Eighty to 85% of industrial espionage is thought to be done by China. It's a real problem. No other country comes close," Mr. Schmidt said.

Mr. Schmidt said the global debate over privacy sparked by the NSA disclosures is a good thing. "Because you can do this monitoring does not mean you should do this monitoring," he said.