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Topic: "Charbucks" as Fair Use - NOT! (5 msgs / 180 lines)
1) From: David J. Doyle
---> .02 worth of Perceptions and Opinions.
"Charbucks" started out as a parody... Per their website.  But... Now
they have continued to sell coffee with this "parody" name and that
isn't protected.  Generating profit from parody is acceptable,
generating profits by CONTINUING to capitolize on another companys name
by marketing similar products with their parody name is not acceptable
IMO.  Have you seen any "Mc Doogles" hamburger joints in any cities,
what about "Smell" gasoline?  
Black Bear painted themselves into a corner by starting the parody of
naming their dark roast "Charbucks" specifically aimed at Starbucks and
when it became popular (because of the name?) they couldn't stop the
parody because that would mean admiting that they were at fault.  Now
it's a "principle" thing with them and yes, Starbucks has the staying
power to outlast Black Bear, and they will, it's just a matter of time.
Discussion of monopolies aside, it's easy to sit and judge Starbucks as
the "evil" corporate giant stomping out the little guys, it's what
everyone does to Microsoft, isn't it?  Everyone likes the underdogs,
right?  I consider myself a coffee snob and personally don't patronize
Starbucks, but my wife does, should I divorce her?  Starbucks is the "Mc
Donalds" of coffee, it's not the best in town but the
uninformed/uneducated masses flock to buy their products.  We are but a
VERY small percentage, the masses are buying and buying and buying,
convience and instant gratification are the mantra of this generation.
Roasting, grinding and brewing your own coffee is too much like work,
skilled work at that.
I'm not a lawyer, the comments above are my _opinions_.  Agree or
disagree?  It's kinda like "King-of-the-Hill", unless you're on top it's
always a struggle and never seems fair... Until you get to the top, then
you'll try your best to stay there!
David
(putting on flame 
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2) From: Mike McGinness
Flame on! 
From: "David J. Doyle" 
<Snip>
A local cafe' had a sandwich on their menu called 'Big Mack', a manly sized
sandwich. Think they had to change the name? Yup.
<Snip>
As previously mentioned Black Bear was not the 'first' to use the term
Charbucks. It has been used to describe Starbucks in print for quite some
time. Was BB's use of the name to describe a very dark roast, roasted in the
style of Starbucks, and hence the name of their roast being Charbucks, so
people would know they were getting a roast similar to Starbucks? If so, and
it seems it may be so, it could and does seem BB was using Starbucks mass
popularity and Starbuck's nickname to market BB's roast.
<Snip>
I don't like Starbuck's coffee. I prefer to taste more than the roast.
Starbucks has done an admirable job coming up with and marketing desert
coffee beverages however. I've modeled some of my blended beverages after
theirs and I make 'em better because of better ingredients. Also an
admirable job offering up scale coffee accessories and brewing devices. Most
far above what's offered the average consumer the usual places. Though a
quick check of Starbuck's website I could no longer find the Starbucks
Barista Grinder aka Solis 166, now it seems they're just offering a whirley
chop style for $29.99... I would have been much better of getting the
Starbuck's Barista/Solis 166 grinder rather than the Solis Mulino 177 a year
and a half or so ago.
<Snip>
Starbucks is fast becoming (or has become) an American institution.
Starbucks even compete's with Starbucks. Local new Safeway Stores all have
Starbucks inside. The newest one a few blocks away included. After the
Safeway opened, and the surrounding smaller boutiques and restaurants opened
guess what? On the other side of the parking lot (by the street) a
Starbucks! A person with a good arm could literally throw a stone from one
Starbucks to the other. Safeway was pissed but I understand the philosophy.
Get the shoppers in the store, get those driving buy who wouldn't stop and
go inside Safeway. It's slurp & shop versus sit & sip.
I still don't like Starbuck's coffee. (and Miss Silvia is better than the
espresso machines they offer.) 
MM;-)
Home Variable Variac Rockin' Rosto Roasting in Vancouver, WA USA
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3) From: Dan Bollinger
I read an article that said Starbucks is not a franchise, so stricktly
speaking they aren't 'corporate coffee.'  The under-educated you speak of
also applies to Starbucks' store owners.  They choose the Starbucks
outfitting as a way of reducing their business risk instead of going it on
their own.  imo, Dan
<Snip>
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4) From: Glenn R. Holmes
Hi Dave.
David J. Doyle wrote:
<Snip>
Hmmm, you should have see the Sweet Maria's website that was on for a 
bit (Not Tom's but another of a very similar name). When you went there 
looking for coffee you got an education in HotTop roasting; and first 
and second cracks took on a whole new meaning! :=D
There also was a company, now defunct, called YBM so parody of a trade 
name is not a new thing.
<Snip>
<Snip>
**I had a long discourse on corporate vs small guy but I snipped it. 
This is not the forum for it doggone. **
To be fair, *$ gives excellent service and is a good place to purchase 
some equipment (echoing Mark Prince here). They also have done a lot to 
arouse interest in "specialty" coffee here in North America. Other 
volume roasters, the Folgers, GF, etc. are now trying to
improve their offering to capitalize on a growing market. You can now 
purchase instant espresso, instant cappucino,?, in a can from your 
supermarket shelf. Well, they try anyway.
<Snip>
Nah, just feed her some over-roasted Vietnamese Robusta, that'll fix her :=D
<Snip>
That is because we are an instant society and we are engaged in too many 
"important" things and have no time to pay attention to living. We are 
so caught up in life that we forget living.
Look at cell phone use. You'd think that people could never survive 
without one! Hell, I've seen them in use at urinals. Good God!
<Snip>
*sigh*, too true. People love my coffee but when I tell them how easy it 
is, say 10 mins for brewing in the am, the answer I get is that it is 
too much work and they have no time, their coffee maker has a timer and 
their coffee is ready for them when they wake up.
<Snip>
Glenn
<Snip>
****ZZZZZZZZZZAAAAAAAAAAAAAAAPPPPPPPPPPPP***
<Snip>
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5) From: Ed Needham
To quote from the S'bux web site their copyrighted material:
"Q: Does Starbucks franchise?
A: No, Starbucks does not franchise to individuals. However, in situations in
which a master concessionaire or other company controls or can provide
improved access to desirable retail space (such as an airport), the Company
may consider licensing its operations to such a company."
So pretty much all of their stores are corporately owned and operated with no
franchisees to provide independent operation of the stores.  It is 'corporate
coffee' in the truest sense.
Regards,
Ed Needham
ed


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