Winnipeg Free Press - PRINT EDITION

Stupid to buy there, customers discover

Long lineups wait for 'horrible' coffee

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The Dumb Starbucks menu features the word Dumb in front of every offering.

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The Dumb Starbucks menu features the word Dumb in front of every offering.

LOS ANGELES -- It was a caffeine-charged Hollywood whodunit: Just whose bright idea was the "Dumb Starbucks" coffee shop that popped up and started serving free drinks from the corner of an otherwise uncelebrated strip mall.

And as with most mysteries in Hollywood, it appears the solution to this one is found in the filmmaking industry.

On Monday morning, a line from the store wound alongside the parking lot and up the block, with some patrons stepping out to snap pictures in front of a green awning and mermaid logo that is familiar -- except that the word "Dumb" is prominently featured.

They weren't coming for gourmet fare: Their descriptions of the coffee ranged from "horrible" to "bitter," and one parent said his daughter complained the hot chocolate was like water.

Instead, they are just coming to say they came and to score a white paper cup with a sticker bearing the curious logo.

"It was a pretty dumb idea to come out in the cold" and wait for nearly two hours to get a coffee, joked Anthony Solis, who lives in nearby Hollywood.

Film permits that show the buzz-generating shop is tied to a comedy duo with a cult following might provide a clue.

Filming was authorized at the location three times in the weeks before the store opened Friday, according to permits taken out with Film LA, a private non-profit that issues the licences.

The permits were billed to Abso Lutely Productions, run by comedy duo Tim Heidecker and Eric Wareheim.

Heidecker and Wareheim, commonly referred to as Tim & Eric, are known for their surrealistic brand of sketch comedy. The duo's free-form shows on the Cartoon Network and the low-budget 2012 feature film Tim and Eric's Billion Dollar Movie have won them a following.

The store's decor is reminiscent of a real Starbucks, complete with a huge menu on which most of the drinks were prefaced by "dumb" ("dumb iced coffee," "dumb white chocolate mocha"). One exception was the "Wuppy Duppy Latte," which the menu said would have sold for $6 had the store been charging anything. The cash register was dark, though the tip jar was bulging.

Dumb Starbucks opened Friday, and the buzz it generated grew over the weekend with a boost from posts on Twitter and Facebook.

That caught the attention of the real Starbucks. In a statement Monday, the Seattle-based coffee giant said it has no affiliation with Dumb Starbucks.

"While we appreciate the humour, they cannot use our name, which is a protected trademark," spokeswoman Laurel Harper said in an email.

At the front counter, a frequently asked questions sheet said the store was shielded by "parody law."

"By adding the word 'dumb,' we are technically 'making fun' of Starbucks, which allows us to use their trademarks under a law known as ''air use,"' the sheet said.

It continued: "In the eyes of the law, our 'coffee shop' is actually an art gallery and the 'coffee' you're buying is considered art. But that's for our lawyers to worry about."

One law professor suggested Dumb Starbucks needed to sharpen up its legal theory. "Fair use" can protect parodies of copyright material, but a trademark such as the logo has different protections that Dumb Starbucks may well be violating, said Mark McKenna, a trademark-law expert at the University of Notre Dame.


-- The Associated Press

Republished from the Winnipeg Free Press print edition February 11, 2014 B5

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