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April 05, 2006
DoubleShot across the bow
As someone who was threatened with an intellectual property lawsuit, I can empathize with Brian Franklin, proprietor of Tulsa's DoubleShot Coffee Company:
I sense there has been some confusion. At least, that's what the letter says that I received from Starbucks' attorneys.It's true. I received a letter last week informing me that I am infringing on a trademark that Starbucks has had since 2001, "Starbuck's Doubleshot." The lawyers advised me to cease using the DoubleShot Coffee Company name, to shut down my website (http://www.DoubleShotCoffee.com), and to destroy everything I have which bears the "DoubleShot" name. Come read the letter yourself-- it's framed and hanging on the wall, over the garbage can.
At first I frowned, then I smiled, then I laughed, then I experienced a little anger and fear, and then I went back to vengeance and irritable laughter. As you know, I don't take kindly to people telling me what to do. After briefly discussing the matter with my lawyer, and a gaggle of other lawyers who regularly patronize DoubleShot (my DoubleShot, not the can at the gas station), I don't think Starbucks has a leg to stand on. Doubleshot is a generic industry term for two shots of espresso. They have no exclusive rights to it. But they will try to scare me and lawyer me out of business if we give them the opportunity.
So today, as a legal clarification, I would like everyone to know that we are not Starbuck's Doubleshot. If we tricked you into coming in here, thinking you could get a can of Starbuck's DoubleShot here, please let me know.
And if you thought that $2 Tuesday was a sale on Starbuck's Doubleshot, I vehemently apologize for the confusion and ask you to please not come in here anymore because stupid people annoy me.
On the other hand, if you are brilliant enough to seek out a pound of fresh-roasted DoubleShot coffee, you will be rewarded today. Come in anytime today for $2 Tuesday, and receive a $2 discount on every pound of oh-so-tasty-coffee you purchase.
We don't have any cans of Starbuck's Doubleshot here, but we do have the freshest coffee on the planet!
Please tell as many people as you can about this outrageous Starbucks chicanery. We figure that the more publicity and public indignation we stir up, the better chance we will have at standing up against this evil corporate empire.
Find out more information about this on the latest episode of AA Cafe (and learn how to get a 15% discount on web orders):
http://www.DoubleShotCoffee.com/aacafe or on iTunes (search for "AA Cafe" in the music store).
I'd be interested to know what Ron Coleman, IP attorney and blawger extraordinaire, thinks about this. Actually, based on this recent item about Marvel and DC Comics trying to trademark the word "super-hero," I can guess. (As general counsel for the Media Bloggers Association, Ron responded on my behalf to the Tulsa World's legal threats.)
If you're a blogger, help spread the word about Starbucks' bullying. If you're a coffee drinker, stop by DoubleShot at 18th and Boston and buy a cup of great coffee to show your support. And stay tuned to DoubleShot's brand new blog for updates on the situation.
Posted by Michael Bates at April 5, 2006 03:39 PM
Technorati Tags: DoubleShot+Coffee+Company Starbucks intellectual+property trademark+infringement
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