Conservative & Patriotic t-shirts, bumper stickers, mugs, buttons and more! RightNation.US Conservative & Patriotic t-shirts, bumper stickers, mugs, buttons and more!
Conservative & Patriotic t-shirts, bumper stickers, mugs, buttons and more!
News (Home) | Righters' Blog | Hollywood Halfwits | Our Store | New User Intro | Link to us | Support Us

RightNation.US: Starbucks Goes After Pub For 'Frappicino Beer" - RightNation.US

Jump to content

Page 1 of 1
  • You cannot start a new topic
  • You cannot reply to this topic

Starbucks Goes After Pub For 'Frappicino Beer" Pub Sends $6, Hilarious Response Rate Topic: -----

#1 User is offline   Liz 

  • What Fresh Hell Is This?
  • Group: Moderator
  • Posts: 39,284
  • Joined: 28-February 03

Posted 01 January 2014 - 03:50 PM

Starbucks Goes After Pub For 'Frappicino Beer"; Pub Sends $6, Hilarious Response

CNN
By Emma Lacey-Bordeaux and Dave Alsup, CNN
updated 10:47 AM EST, Wed January 1, 2014

Excerpt:

(CNN) -- You've probably heard this one before: Little guy gets too close to a trademark held by a big company. Big company threatens legal action. Little guy backs off.

But have you heard the one where the small business owner responds to a cease and desist order from Starbucks with a satirical letter and a check for $6?

At issue: A craft beer called "Frappicino."

But we're getting ahead of ourselves. Let's start at the beginning.

Jeff Briton owns the Exit 6 Pub and Brewery in Cottleville, Missouri. He has for two and a half years. The place isn't a fancy gastro pub, in fact, it doesn't even have a kitchen.

It does one thing and does it well: serve craft beer seven days a week, starting at 4 p.m.

A beer is born

Last January, Briton mixed two of his creations together: A vanilla crème and a chocolate coffee ale.

The result, according to a customer, tasted a whole lot like a certain blended coffee ice beverage served at the more than 5,500 Starbucks locations worldwide.

The customer wrote about the creation on a beer website, Un Tapped, and called it a "Frappicino" -- one letter off from the Starbucks trademarked name.

Fast forward 11 months.

Cease and desist

Last week, Briton received a letter from Starbucks' lawyers, asking him to stop using the name.

"The FRAPPICINO mark only differs from Starbucks Coffee Co.'s FRAPPUCCINO mark by one letter," the letter said, "and is phonetically identical."

The bar's use of the name would cause "confusion" among buyers, it added.

The message was clear: you violated our trademark. Stop.

But in the black and white legalese, Briton saw an opportunity.

"This huge law firm sends me this letter," Briton told CNN on Monday night. "How many hours did that lawyer have to spend in sending that out?"

Briton says he reckons that Starbucks spent more in law firm billable hours than he made in the entire month of December.

In other words, Briton felt he had to respond.

'We're poor spelers'

Addressing his response to the lawyer and "Mr. Bucks," he referred to the offending beverage and trademark as "The F Word" so as to fend off further litigation risk.

"It has recently come to the Exit 6 Pub and Brewerys attention that there were 3 check ins to the beer with a very similar name to the "F Word". Unfortunately it was only similar to the F Word because we meant to call it the same thing. Lucky for us, we're poor spelers."

"We just feel awful about calling a beer the F Word," the letter went on. "We are bad people. We feel shame."

And while Briton wrote that he would stop calling the beer "The F Word," he also wanted to reassure Mr. Bucks that he and his customers meant no harm.

"I guess that with there being a Starbucks on every corner of every block in every city that some people may think they could get a Starbucks at a local bar," he wrote. "So that was our mistake."

*snip*

Link to story and video
0

#2 User is offline   mjperry51 

  • My Brain Hurts!!
  • Group: Silver
  • Posts: 8,383
  • Joined: 13-September 03

Posted 01 January 2014 - 03:57 PM

One of my LinkedIn connections posted this. It's classic -- I love their reply!!!
0

#3 User is online   Adam Smithee 

  • The Numbers Man
  • View gallery
  • Group: Platinum Community Supporter
  • Posts: 9,524
  • Joined: 11-December 04

Posted 01 January 2014 - 05:30 PM

View PostLiz, on 01 January 2014 - 03:50 PM, said:

Starbucks Goes After Pub For 'Frappicino Beer"; Pub Sends $6, Hilarious Response

CNN
By Emma Lacey-Bordeaux and Dave Alsup, CNN
updated 10:47 AM EST, Wed January 1, 2014

Excerpt:

(CNN) -- You've probably heard this one before: Little guy gets too close to a trademark held by a big company. Big company threatens legal action. Little guy backs off.

But have you heard the one where the small business owner responds to a cease and desist order from Starbucks with a satirical letter and a check for $6?

At issue: A craft beer called "Frappicino."

But we're getting ahead of ourselves. Let's start at the beginning.



No, we're not getting ahead of ourselves.

Realize that, to "trademark" a term, Starbucks has done their Due Diligence. They've paid someone tens of thousands, possible 100s of thousand, to research ALL 51 (50 state + 1 fed) jurisdictions to verify that nobody else has registered "Frappacino" in their business. They trademark it.

Now comes the hard part. To maintain a trademark, you've got to keep that term from becoming "common usage". I'e., to "Xerox" something as common usage for photocopying something.

It's a really REALLY tough row to hoe. As the brand owner, you want your brand name to be on everyone's lips... but NOT to the point that it becomes common usage.
0

#4 User is offline   draksig 

  • Sci/fi fanatic!
  • Group: Bronze
  • Posts: 2,720
  • Joined: 17-July 03

Posted 01 January 2014 - 05:56 PM

According to additional things I have read on this, the bar doesn't actually call it a frappicino, it was nicknamed that by a newspaper reviewer.
0

#5 User is offline   USNJIMRET 

  • Rule 1:The Chief is right Rule 2:If in doubt, check Rule 1
  • View blog
  • View gallery
  • Group: Platinum Community Supporter
  • Posts: 18,952
  • Joined: 28-February 03

Posted 01 January 2014 - 06:36 PM

Beer maker should just rename it "The F Word".
(Stolen from the comments section of the linked story.)
0

#6 User is offline   Rock N' Roll Right Winger 

  • Railroaded by the establishment GOP
  • Group: Silver
  • Posts: 19,142
  • Joined: 14-October 03

Posted 02 January 2014 - 12:41 AM

Sounds like that beer would taste like crappacino. :yucky: :puke:

View PostUSNJIMRET, on 01 January 2014 - 06:36 PM, said:

Beer maker should just rename it "The F Word".
(Stolen from the comments section of the linked story.)

Or "F-bucks" to tell Starbucks what they can do.
0

#7 User is offline   Rock N' Roll Right Winger 

  • Railroaded by the establishment GOP
  • Group: Silver
  • Posts: 19,142
  • Joined: 14-October 03

Posted 02 January 2014 - 12:44 AM

View Postdraksig, on 01 January 2014 - 05:56 PM, said:

According to additional things I have read on this, the bar doesn't actually call it a frappicino, it was nicknamed that by a newspaper reviewer.

Good thing that the newspaper didn't call it a "McBeer" or Mickey D's lawyers would have had the owners place raided by a SWAT team, storm troopers with machine guns, flash bang and tear gas grenades and all. :ermm:
0

#8 User is offline   RationalThought 

  • Too smart for anyone's good!!
  • View gallery
  • Group: Bronze
  • Posts: 9,881
  • Joined: 14-May 04

Posted 02 January 2014 - 07:56 AM

View PostAdam Smithee, on 01 January 2014 - 05:30 PM, said:

No, we're not getting ahead of ourselves.

Realize that, to "trademark" a term, Starbucks has done their Due Diligence. They've paid someone tens of thousands, possible 100s of thousand, to research ALL 51 (50 state + 1 fed) jurisdictions to verify that nobody else has registered "Frappacino" in their business. They trademark it.

Now comes the hard part. To maintain a trademark, you've got to keep that term from becoming "common usage". I'e., to "Xerox" something as common usage for photocopying something.

It's a really REALLY tough row to hoe. As the brand owner, you want your brand name to be on everyone's lips... but NOT to the point that it becomes common usage.

Spot on.

We'll see this brand/trademark protection in full force over the next month when we'll all be able to tell which companies paid for the ability to use "Super Bowl" in their advertising. If the ad says "Super Bowl", the company, especially if it is a large company, has paid. Otherwise, we'll be hearing ads for the "Big Game" or other veiled references to the Super Bowl.


RationalThought
0

#9 User is offline   Noclevermoniker 

  • ... And don't call me "Anthony"
  • Group: Silver
  • Posts: 11,330
  • Joined: 13-November 03

Posted 02 January 2014 - 09:27 AM

Someone hand me a Kleenex. I think I'm going to cry all over my xerox copies and spill my coke.
0

#10 User is offline   Ticked@TinselTown 

  • <no title>
  • View blog
  • Group: Platinum Community Supporter
  • Posts: 16,187
  • Joined: 01-April 03

Posted 02 January 2014 - 10:42 AM

View Postdraksig, on 01 January 2014 - 05:56 PM, said:

According to additional things I have read on this, the bar doesn't actually call it a frappicino, it was nicknamed that by a newspaper reviewer.


That was what jumped out at me, too, but I guess if they let it be ordered by the F word then they should rename it and go on with things.

The uber liberals don't take kindly to others seeking to prosper from their own work and a tongue in cheek nickname created by a patron.
0

#11 User is offline   Howsithangin 

  • The Dark Lord is not pleased
  • Group: +Bronze Community Supporter
  • Posts: 19,646
  • Joined: 07-March 08

Posted 04 January 2014 - 11:58 PM

Like I need another reason to dislike Starschmucks with their burnt-ass bilgewater they call coffee?
0

Share this topic:


Page 1 of 1
  • You cannot start a new topic
  • You cannot reply to this topic

1 User(s) are reading this topic
0 members, 1 guests, 0 anonymous users