Comments

1
Ya didn't patent it as a business process, so it's up for grabs.

Most monsters take on adaptive camouflage to get close to their prey, don't they?
2
@ 1

Her point wasn't that they were doing something illegal, it was that they are doing something douche-baggy, not to mention lame.
3
Wait, you mean Starbucks is going to be serving crappy overpriced food now?
4
This isn't a business process this is a Trade Dress/Trademark infringement. No patent or even federal registration needed since this is pretty clearly the same limited geographic area where the mark was used.

5
@2 She didn't come up with the aesthetic, she saw it somewhere else first too. Was she, then, being douche-baggy in utilizing it in her place?

Not that I am saying that Starbucks is all good or anything, I don't care one way or the other, just saying ... it's not exactly super original or anything.
6
How dare they use old-timey wood! Starbucks should be forced to use orange spray-painted corrugated roofing material with "FAKE" stenciled all over the exterior! Why there's no other business in seattle that uses old-timey wood! I bet they'll steal her idea for beat-up, second hand chairs next; no other coffee shop has ever used that idea.
7
Maybe the new Starbucks will have better acoustics.
8
Anthropologie got into very hot legal trouble for doing the same thing, but with artistic sculptures and installations. I don't imagine Starbucks would win a lawsuit on this.

I dunno, it's like saying, "eh, I don't like our branding anymore, let's try yours."
9
everyone who knows nothing about the law should probably not offer advice.
10
Whatever the building ends up looking like, however angry Ms. Derschang and other local business owners get over it, it's still owned by Starbucks, so the coffee will suck, and it won't take long for people to learn to avoid it.
11
I don't see what the big deal is. If you don't like Starbucks, don't go there. It's not rocket science.
12
Didn't Pesos just pummel Matador in a lawsuit over a similar "brand theft"?
13
Right because Smith is the only business in the area that looks like that.

Competition is a bitch. If you want to run a business get used to it and stop whining.
14
kid icarus:

yes, that's why Matador had to redesign.

Trade dress and presentation of your "product" is a trademarkable "thing." You can't make your restaurant look exactly like a mcdonalds, plop it right next to one, but call it something else, and get away with it.
15
This is rich. A business owner complaining about a non-competitor borrowing design themes.

Linda, you of all people, should know the tenants of free-market capitalism.
16
I think little ol' Linda is getting a little testy. We all know Starbucks is douchebaggy. But really, "knock off their next door neighbor's exterior" for fucks sake? That design has become so overused in this country in the last ten years, so much so that fucking Starbucks is starting to use it. Besides you're clearly taking their money when they stop by your place. Give me a break Linda, you're being soooo seattle.
17
The WAAAAAAAAAmbulance is getting quite the workout this week.
18
Breaking news:

Every single old-timey dive bars from Missoula to Rathdrum plans mega lawsuit against Linda Dershang for trademark infringement!

19
I heard that some Mexican restaurant is suing all other Mexican restaurants in America for using fake stucco and poorly painted sceneries, and nailing sombreros and guitars on the walls.
20
god this is the kinda shit that makes seattle an incredibly lame and provincial place to live

first, the idea that somehow the design of oddfellows or linda's was hers. most design is a refrain of something done before, so proof of infringement is hard to come by. in the case of matador vs peso's, it was a former employee, with intimate knowledge of the designs.

second, get over yourself. starbucks has, like it or not, raised the boats of food/coffee/bar vendors everywhere. tough to swallow, but true. just like Microsoft set off a wave of innovation of its platform.
21
Copying the style of the business DIRECTLY NEXT DOOR is a little different than having vaguely similar themes and atmosphere to another joint. It seems like she's implying that Starbucks is deliberately trying to confuse people. Which they are by obscuring their Starbucks-ness, it's up for debate whether they're shooting intentionally for Smith-ness.
22
god this is the kinda shit that makes seattle an incredibly lame and provincial place to live

I'd beg to differ. I think that in the provincial places in this world, they have better things to do than whine about someone stealing their "authenticity" and "image".
23
It seems like she's implying that Starbucks is deliberately trying to confuse people.

Confuse people as to WHAT, exactly? What does it matter whether the place is a Faux-bucks or opened by some random entrepreneur?
24
this takes the notion of "first world problem" to new heights
25
Smith actually is the only business in the area that looks like that. Unless you count the Canterbury, which I wouldn't
26
Hey guys, settle down it's not like this was a bottle of wine that got stolen.
27
@25: Unless you seriously think that Derschang loves to hunt deer, do you actually think that the decor of Smith is "authentic"?
28
@23

provincial is defined as a person or restricted interests or outlook

not saying i disagree with the sentiment.
29
Strange to see so much anger directed against Linda D. Strange to see so much anger directed against Linda D. It is not like she said she was suing or getting some cease and desist order she only said “I can't believe that anyone, whether a hair salon or a coffee chain, would just go ahead and knock off their next door neighbor's exterior”. And when have you defenders of the free market ever heard of any business doing that.

When a business owner has worked hard to brand their business and Linda has the “old timey” theme running throughout all of hers it must be frustrating having a corporation with nearly unlimited resources do exactly that.
30
You guys are forgetting this is the starbucks that isn't called a startbucks because they are "localwashing" the place. Given that the name of the place is deliberately vauge to avoid any association with the typical starbucks brand, the cribbing of certain design elements is probably purposefully (maybe willfully) done to confuse the consumer into thinking this isn't a starbucks, but a local place. Customer confusion in any form is a big no-no under trademark law, and none of this stuff is remotely functional. If this stuff really is similar to Smiths, which is pretty distinctive for what it is, watch out. Interesting facts for a trade dress hubabalo.

Starbucks is getting really close here, all I am going to say.
31
I like to get my old-timey wood planters from old ghost towns, actually.

That said, imitation and unrestrained commercial competition that drives down the costs to the consumer until the original store goes bankrupt is the American way.
32
This would be the chick would rented space from the same landlords who priced the artists out of Oddfellows? Suck it up, Linda; sounds like a perfect match.
33
@30 Starbucks is a local place.
34
I agree that it's maybe a little surprising, but wouldn't we usually be complaining if a business came into a neighborhood and opened a shop with decorations that were a garish misfit for the rest of the surroundings?
35
Our next door neighbors painted their house the same damn colors as ours, right down to the trim and the accent color on the front door. (That's what we get for being the only fags on the block. We're such trendsetters. Fucking North End. Insert eyeroll here.)

We decided imitation was the sincerest form of flattery. It seemed a better course of action than spalttering their house like Pollack having a grand mal.
36
@33

not for the purposes of trademark law
37
I'm with Keshmeshi; acoustically Smith IS a nightmare and it's hard to really like a local chain that tries so hard to be cool...(also, the food is overpriced and mediocre).

also-also, contrary to popular belief, Linda Derschang did not invent the hipster bar nor did she patent the use of paint by number art, roadkill and distressed surfaces as a commercial design motif...

but it's funny that Starbucks is "appropriating" a neighboring business' design after they tried to sue Rat City Rollergirls over their supposedly similar logo...

38
@27: For what it's worth, I believe Derschang grew up in Colorado.
39
Nobody's going to stop going to Smith because Starbucks 15th Avenue Knockoff Coffee and Plastic Food built a similar looking copycat facade.

I mean, I get where Linda's coming from, but the bristling is really from the 'you swiped my idea' vibe. Don't sink to their level: Screw them. Capitol Hill's 15th Ave corridor isn't all that into Starbucks anyway. Most of that neighborhood knows better than to get suckered in by painted-over facades, right?

Rake in the cash from the drinkers and foodies, and let the poseurs have their couple months of fun before they notice the money still isn't come in.
40
... still isn't COMING in.

Looks like a sign to put my money where my mouth is and patronize the bar! I'm probably working this weekend anyway, so... bbl
41
I would not fuck with Linda Derschang. She's going to compete them a new one for this.
42
@ 27: I made no mention of authenticity in my post. #13 said Smith isn't the only business in the area decorated in its fashion. I simply stated that, in fact, it is the only business in the area (15th ave.) decorated in that manner. Authenticity never played any part in my statement.
43
Call me when Starbucks puts up the big sign that calls their place 5M1TH. "What!? It's five-m-oneth. That's totally different than Smith!
44
@ 35: North End fags, represent! Pinehurst in the house.
45
Are people onto Linda's business model: Put old western shit on the wall and watch the money roll in? Someone had to figure it out sometime.
46
Oh and I like Linda and god bless her and I don't mean what I said negatively. More power to her. Just saying that all good ideas are co opted and sold back to the public.
47
I like Linda's other businesses, but the txidermy stuff is just plain gross. I won't go to either business. I'd rathern Nom on some Yummy Hillside Quickie Vegetarian fare!!
48
@42: My mistake... I think I was just commenting broadly and you got caught up in the cross-fire.

---

But seriously, folks... what is "local"? What is "authentic"? And putting local economic development concerns aside for the moment, why is a local business more virtuous because of its perceived "localness"?
49
Looks kinda like the Ernie Steele Room to me.
50
@15

tenets, not tenants.
51
@44: Jackson Park, motherfuckers!
52
So, wait. $tarbuck$ gets it's corporate panties in a bunch anytime anyone - even non-competitors - "appropriates" anything even remotely resembling their logo or trademark (e.g. Rat City Roller Girls, cited above), but when remodeling their latest attempt at anti-branding, they deliberately choose design elements from the establishment right next door?

I think some of the commenters here are reading far too much into Linda's statement, but if I owned the business and saw the giant corporate place next door doing that, I'd be suspicious as well.

Yes, a lot will depend on what they do with the interior - and I'm particularly interested in how far they go to de-emphasize the $tarbuck$ brand: will they not use the logos at all, even on the cups? WILL they go all SW WA logger's den on the place? - because that will be the major determining factor in terms of just how "douchy" this remodel turns out to be.
53
@52 et al:

ZOMG WE HATE STARBUCKS (OR $TARBUCK$ AS I LIKE TO WRYLY REFER TO THEM AND MICRO$OFT) BECAUSE THEY ARE TURNING COFFEE AND BARISTA CULTURE INTO A GENERIC WALMART THAT LOOKS AND TASTES THE SAME WHEREVER YOU GO!

ZOMG WE HATE STARBUCKS (OR $TARBUCK$ AS I LIKE TO WRYLY REFER TO THEM AND MICRO$OFT) BECAUSE THEY ARE TRYING TO RESPECT THE NEIGHBORHOODS AROUND THEM AND RETURN TO PULLING SHOTS AND BEING GOOD NEIGHBORS LIKE THE REST OF OUR UNDEREMPLOYED FRIENDS.
54
No, @53. I hate $tarbuck$ because their roast sucks major ass.
55
Also, Linda Der$chang is a douche who has turned the Mountain West Dive Bar and/or Restaurant into a money-making scheme using only overpriced food & drinks combined with a lack of ingenuity. What will she do next to de-emphasize the fact that she has built a brand that we all slobber over?
56
@54:

That's fucking original. Wait, you're the Uptight Seattleite, aren't you?
57
@53 You don't understand. Business are not supposed to make money by attracting customers who buy products. That is so... uncool. Better to cling to trendy principles and outdated business models until you go out of business, much to the chagrin of various people who while approving of your ideals, never bothered to frequent your establishment.
58
linda's been copying herself for ten years...

and that Starbucks was the one the one the fans started a petition to save...

corny, all of it.
59
I thought the whole schtick behind Linda's/Smith was that she was ironically copying the millions of dive bars/legion halls throughout the country that have taxidermy animals on their walls and old stained wooden booths and make them into ironic hipster joints. If anyone is claiming that this is her original idea is out of their mind, or has never been to any bars outside of Capitol Hill. Is she getting upset because someone is stealing her idea that she ironically co-opted in the first place? I don't get it. Also if the decor matches hers wouldn't that be a good thing anyway? She would probably get more business from the people who went to this Starbucks in disguise. It's not like they are competing businesses anyhow.
60
Yo. reminds me of Matt from the Stranger Forums who trolled the fuck out of the I-901 discussions with inane arguments, accusations and personal attacks. I'm not sure if this is the same one-note thing or a Starbucks Corporate employee.
61
@60:

I think "troll" is ad hominem enough for the both of us. Address content or STFU, that's my motto.
62
Like you thoughtfully did in comment 53, speaking of ad hominem attacks. You forgot to add some exclamation points and ones!!!11 If you're going to mock people in all-caps, at least do it right :P
63
Wait....wasn't the precious Linda the one who had to re-name her bar to "Rob Roy" because she was using someone else's trademarked Viceroy name for the place?
64
@62:

Pointing out fallacies and inconsistencies isn't ad hominem. Even if I use sarcasm, all caps, and exclamation points all at once.
65
i will personally go to this new bar every day and get wasted off beers. I will pee everywhere, start fights, and vomit. It will become the scourge of the neighborhood. I may even invite that one homeless guy with the screechy voice to join me. This place will be shut down...they wanna serve me alcohol? I WILL SHOW THEM WHAT HAPPENS WHEN YOU SERVE ME ALCOHOL.

or: I'll get some "melanin rich" people to show up and the SPD can shut it down in a week due to "gang activity."

whatever...at least now I have an excuse to go in there.
66
@63:

Linda Der$chang sold it, so it doesn't count. I'm curious where will she open her next Red Robin with "salvaged wood" and taxidermy.
67
@65,

The Canterbury is already a couple of blocks down the street. They got that angle covered already.
68
@12 @15 - actually, Pesos didn't win that lawsuit. They settled out of court. It turns out (neither party will tell you this - likely bound by the settlement agreement) that Pesos lost their shorts in legal fees and caved. Pesos/Matador -- who cares, but it's hard to win these cases. If it were, every italian restaurant would be suing the other over checkered tablecloths. Or, other tex-mex joints would be suing Pesos and Matador over using distressed wood and selling tex-mex food.

Yes, it's lame that Starbucks can't be slightly more original but Linda does what she does well. She should just kick more ass on her next place.

P.S. I liked Starbucks' Awake tea!
69
@68

that doesn't explain why the matador closed for a week to redecorate. No restaurant closes for a week unless faced with costs that justify it.

anyway, everything settles out of court. The costs of a courtroom battle are completely out of wack with the rewards, especially in TM cases where it's just about impossible to get attorney's fees. Deciding who wins and loses in a lawsuit that settles is sometimes a difficult matter. If your info is correct, then everyone involved in the pesos/matador dustup lost. (which is why TM law needs a change to allow the collection of fees in non-exceptional cases).

Every italian and mexican place looks like they because the restaurants proliferated at a time when the owners were all probably individual families confined to specific geographical areas (and hard working immigrants who probably didn't think to consult lawyers). Lacking federal registration, which is obtainable only if your business is "interstate" (in effect touches multiple states through its regular commerce) your trademark only applies to a limited geographical area and similar business. In that case someone who opens up a place outside of your immediate market can copy whatever they want. By the time the national chains came around, the "immigrant family owned" mexican place or italian place was already everywhere, and the similar deco had become generic enough at the time to render the trade dress completely un trademarkable.

That kind of situation is completely different from the local stuff we've got here. Actually, if linda had developed a bar concept that was based on kitschy mexican restaurant decor for its theme, and opened a few in this area, followed by a fake starbucks looking to confuse customers into thinking it wasn't a starbucks copying the decor, she'd probably have a case.
70
@54:

I dunno - what's an Uptight Seattleite? Someone from Laurelhurst?
71
"Red Robin with salvaged wood and taxidermy"

funny, 'cause it's true...
72
OH FOR GOD'S SAKE! WHO CARES?
73
Maybe she should trade them King's Hardware. That place is totally phony.
74
One could argue that all of Linda's creations are copying the original Starbucks at PPM...

I'm finding it hard to believe that the corporate types at Starbucks, in looking to fit in in Seattle while also focusing on returning to their roots, decided to deliberately knock off all of Linda's 'oh-so-original' design choices.

And please, the construction guys have been in Smith every day? That sounds good for Linda ($) and typical of construction workers to hit the closest watering hole for a beer after work. Does anyone believe the design of the coffee shop was not dictated by corporate but left up to the construction crew to determine once they got started on the job?

Advice to Linda- give up the salvia and go back to the coke
75
Poor, poor Linda.
Even if it is a Starbucks, why are you so upset? With ALL THOSE BUSINESSES you own, shouldn't it be O.K. for somebody else to take a few of the hipsters' dollars? When somebody other than you tried to open a bar in the old "breakroom" spot, well, you just couldn't let those sleeping dogs lie then either, could you? Grow up.
76
Somehow I think the locals will be able to tell the difference between Smith and Starbucks, no mater what they name it. And it's not like Derschang's design concept is that original. My grandparents have rocked that look in their house for at least 30 years.
77
That Starbucks redecorated their coffee shop to look nearly identical to Smith, right next door, and purposefully obscured their brand name - both of those actions are marks of supreme corporate douchiness. Whatever you feel about Linda Derschang or Smith, Starbucks is clearly in the wrong here.
78
News to Linda: you are not the inventor of salvaged wood, industrial lighting or wooden seats. I am even tempted to wonder who you "stole" that look from? Let's grow up and not be unhappy petty, jealous complainers. By the way - my last name is Smith and no, I steal that from you!
79
THE NAME THE NAME WAS CHANGED people it's not just about the decor. Only like 3 people on this blog of 78 comments I sifted through seem to get that. The whole thing is that Starbucks is trying to hide the fact that it's a Starbucks. Simple. No one invented wood decor and industrial lighting so all of you trying to be oh so witty, give it up cuz we all know that.

Starbucks pretending not to be Starbucks but rather 15th Street Coffee or whatever is the point as people like Greg above do understand!
80
I think Linda is in a no win situation here. If she complains that they are leaching off of her- go look at the exterior for yourself- it is laughable, then the 'alt press' sloggers will attack her. If she stays quiet, the burger king of coffee dumbs down her concept. Smith is unique in the whole city, is it not?

The woman who has opened more indie businesses in the city, without selling out any of them(franchising) should just keep her mouth shut like a good girl cause the big boys and their lawyers will go after her like the Rat City Rollergirls. You don't fuck with Howard Shwartz you do as he says and he does what he wants. He should have hired some original designers.
81
Have you been to Blue Bottle, Intelligensia in SF.
Indy coffeehouses in this hood or around the world believes themselves to be "unique"....coffeeshops reflects culture-always has always will and guess what THAT is not ownable by anyone.
Enjoy the passion for coffee, anyway it comes.
82
Have you been to Blue Bottle, Intelligensia in SF.
Indy coffeehouses in this hood or around the world believes themselves to be "unique"....coffeeshops reflects culture-always has always will and guess what THAT is not ownable by anyone.
Enjoy the passion for coffee, anyway it comes.
83
I welcome the 'return' to their roots. It validates that 16,000 stores and auto espresso and coffee milkshakes might have been a little much. They lost their passion years ago. It took an indie smackdown to wake them up. Stumptown, Vivace, Vita. They are grasping, they are desperate, but so is a thief.
84
I don't care where I drink my Basil Hayden's with an Oly back, as long as them bartenders got tattoos!!!
85
Douchebaggy!!! Should be Starbucks' new name...
86
Get over yourself Linda, you are not as original as you think.
87
Starbucks is a global corporation that just happens to have been started in Seattle. It ain't local in Chicago, it ain't local in NYC, it ain't local in Tokyo. So fuck 'em!
88
The people defending Starbucks here likely fall into three categories:

1) People who hate Linda Derschang
2) People who work for Starbucks
3) People who have an active, irrational, subconsciously self-loathing hatred for hipsters

I understand the business decision on Starbucks' part to try this, and given their history of seizing market share from local competitors nationwide through subversive expansion, this isn't a huge deviation from their traditional practices.

It just isn't going to work because it's predicated on taking advantage of the ignorance of the local populace while preying on the growing trend of people sampling and supporting local, independent coffeehouse by posing as something other than themselves (since their traditional presentation failed to hold market share in that location). And the neighborhood populace, aside from having a wealth of other coffee options, is savvier than that and likely won't appreciate a clear attempt on Starbucks' part to take advantage of their tastes.

Whether or not you find the neighborhood's tendency to corporate backlash irrational is a matter of opinion, but the point is that Starbucks is trying to pull something off that simply won't work here. If they had tried this in half the other neighborhoods in Seattle instead, it likely would have succeeded, but it's likely they chose this alcove of Capitol Hill for a reason. It's a experimental challenge to try and turn the tide of a very real cultural backlash against their company. But now that they've been outed before even re-opening, they probably blew it.
89
Why can't we have our own Block of Discord -- rather than yet another Block of Blandness?
90
Gomez, you are always so insufferable and always so wrong. It's no suprize that you have such a hard time getting a job outside of temp agencies. I bet you don't have any IRL friends either.

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