Starbucks is reportedly considering how to proceed in response to a new parody coffee shop in Los Angeles called "Dumb Starbucks."
USA Today reported that the new café resembles a real Starbucks, except every item on the menu has the word "dumb" tacked onto it, such as "Dumb Espresso" and "Dumb Frappuccino." The shop gave away free coffee all weekend, celebrating their grand opening.
In an email to USA Today, Starbucks said Dumb Starbucks is not affiliated with their coffee chain.
"It is not affiliated with Starbucks," the spokesperson wrote in an email. "We are evaluating next steps and while we appreciate the humor, they cannot use our name, which is a protected trademark."
It is unclear who's behind Dumb Starbucks, but reports suggest that the coffee chain is able to use the Starbucks name and logo because it is technically "making fun" of Starbucks, which is justifiable under the "parody law."
According to a Dumb Starbucks letter, the café is considered a work of art. Dumb Starbucks issued the following statement:
"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 and the 'coffee' you're buying is considered the art. But that's for our lawyers to worry about. All you need to do is enjoy our delicious coffee!"
Mark McKenna, a law professor at the University of Notre Dame who specializes in trademark law, said that using the word dumb makes it clear that the café is making fun of Starbucks and is not associated with Starbucks.
"My gut tells me a court would be bothered by how much of the Starbucks trademark was used. It's not just the word but they also made the store look just like it," McKenna said in an interview with USA Today.
Starbucks spokesperson Megan Adams explained that the company is "looking into" the name situation, however she did not note whether they would take legal action. She did say, though, that, "It's obviously not a Starbucks."
