A satirical pop-up coffee shop called “Dumb Starbucks” opened in Los Angeles last weekend, garnering tons of media attention because it had the look and feel of a real Starbucks—but had the word “Dumb” preceding the Starbucks name on everything from a “Dumb Frappuccino” to a “Dumb Venti.” It turns out the shop was a publicity stunt by Comedy Central reality-TV show host Nathan Fielder, whose show, “Nathan for You,” revolves around Fielder giving prank advice to small business owners.
But before the Comedy Central connection was known, Starbucks Corp. made statements about its protected trademark, saying the company could not legally use its name. And Dumb Starbucks posted an FAQ in its store, defending the use of the name by saying it was parody. “Although we are a fully functioning coffee shop, for legal reasons Dumb Starbucks needs to be categorized as a work of parody art,” the FAQ said. “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.”
It later posted a YouTube video with the same message. The shop never sold its coffee or anything else. For the few days it was operating, Dumb Starbucks offered its items for free. The health department closed the shop for operating without a license.
The uncertainty of trademark law makes it difficult to determine whether the Dumb Starbucks parody argument would prevail in court. But even if Starbucks could make a good case for trademark infringement, it might be better off doing nothing, lawyers say.
“You have to think of the ramifications,” Haynes and Boone partner and trademark practice group chair Purvi Patel told CorpCounsel.com. “It’s usually not a good idea for big companies to go after small ones—even if they have a legal case.”
Legally, a brand owner has to prove that the alleged infringing product is likely to cause confusion. Starbucks would probably have a tough time showing that, Patel said. A brand owner could also try to prove dilution of its brand, and in this case Starbucks could possibly win, Patel said.
But Patel, who has never represented Starbucks, said she and her colleagues have debated what they would advise a client to do in similar circumstances. Some felt it best to do nothing. Others said the brand owner should send a nice letter asking the infringer to stop. And still others said the brand owner should go all out—sending a demand letter and pursuing a preliminary injunction.
Jonathan Moskin, a partner who specializes in intellectual property at Foley & Lardner, said big companies are often better off letting the infringement slide—especially if action is likely to bring negative attention. “These are usually lose-lose propositions for brand owners,” he said. “If they win, they’re seen as beating up on an artist, and if they lose, then they come away with a black eye.”
In the May of 2009, I stood 5'9 and weighed 209 lbs. I was bloated and well there is no nice way to say it: I was fat. I took control of my health, my eating, my body. I told myself that if I could control my eating, my exercise, my general overall fitness, then I could control anything. I set out to do just that. I adopted an eating plan that I came up with after doing some research. I eliminated 5 things from my diet: 1. bread, 2. sodas, 3. sugar, 4. fried foods and 5. red meat. The weight loss was almost instant. Not only was I controlling what I ate but I began to exercise 5-7 days per week. I would do 100+ pushups, 200+ situps and briskly walk 2 miles every day. I was down to 172 lbs in November of 2009, just 6 months later. I then began doing Crossfit exercises and began adding muscle to my physique as well as improving my overall general fitness. I began doing Crossfit workouts in January of 2010 and have done them approximately 3x per week since. I am at an all time fitness level and feel better than ever before. But almost better than the physical payoff has been the mental payoff. I now know after losing 40lbs of fat and adding more muscle to my frame than ever before in the span of approximately 10 months that I am capable of doing anything I set mind to do. That I am able to accomplish whatever I want. That if I can reverse a decade of eating poorly and exercising infrequently in a matter of months, then I can accomplish anything in my personal or professional life. The discipline I imposed on my eating and exercise routines has carried over to every other part of my life. It has been huge for me. It has paid dividends in every facet of my life.
I am now dedicated to this lifestyle of discipline, healthy eating and fitness. I am wearing size 30 jeans for the first time in over a decade! I have a full 6 pack and have 12% body fat. I am determined to lower that to 10% and to add even more muscle. I am committed to me. And through that discipline and dedication, I know I can accomplish anything I commit myself to. I owe my life, my health, my happiness to my new eating and exercise plans. It was a lot of work but I deserved it.
Set your goals, commit yourself to them and be disciplined in the way you go about each task.
We are heading to a New Year's Eve family party tonight. My oldest son's best friend's family is throwing a party for families at their house. It should be a lot of fun. We will stay as long as our little ones can last. I imagine it will be a madhouse filled with the laughter of children and the festive conversations of adults.
Mistakes. They happen. To all of us. There is not a single person on this planet that has not made a mistake. There is not a single person who has not experienced failure as a result of a mistake they made. It is not a question of if we are going to make a mistake but instead when and how many. That said, it seems strange to say that making mistakes is not really a problem or issue. It happens so frequently and is so common that it is simply a part of life. No, the problem I see too often is how people respond to making mistakes. Some people are able to easily forget and move on. While others have a particularly difficult time in forgetting, or more precisely, forgiving themselves. As a result, these people will harm themselves, hold themselves back because they cannot forgive themselves for making a mistake.
I see it in executives, lawyers, doctors, moms, dads, brothers and sisters. I see it in several of my clients, friends and family. You HAVE to forgive yourself. You deserve it. You deserve to have good things in life. You do not deserve failure and ruin just because you made a mistake.
Believe in you. Believe in your good qualities. Truly successful people are not people who have not failed. No, they are people who refused to give up after they failed. They are people who refused to let a mistake define them, to characterize them or to stop them. They learn from it and move on.
Refuse to be defined by your failures. Instead, define yourself by your successes, by your ability to overcome your mistakes and to forge ahead despite past mistakes. MAKE YOUR FUTURE. Do not let others, or worse, YOURSELF, define your future by your mistakes. MAKE IT ABOUT THE GOOD PART OF YOU. Find that part of you. Build from it. Make it who you are.
It is painful to change. There I said it. Part of it is actually learning how to act a different way or how to do something new but the other part is the most difficult about it. When you change something, yourself, your habits, the way you do something, you are, in effect, admitting failure. You are admitting that the way you did something was wrong. You are acknowledging that all the time you invested in how you were doing it was wasted. It can be a difficult thing to come to grips with. It can be humbling. It can also be difficult to comprehend.
I will give you an example. Mack Brown is the head coach of the Texas Longhorns Football team. He has had an unparalleled run of success. He has won more games over the last ten years than any other coach. But this past season he lost 7 games while only winning 5. He had a losing record for the first time in over 20 years and the first time ever during his tenure at Texas. The problem that led to the losing season was pinned by many on his offensive coordinator. This wasnt the first time. People had complained for years that the OC was holding back Mack's teams and if he would only remove his friend and hire a competent OC then the Horns would win conference championship after championship. Mack refused. He had already spent greater than 10 years coaching with his friend and they had experienced a lot of success. He then went on to win a National Championship with his friend at OC. He felt validated for all the criticism that has been previously levied against him and his friend. Unfortunately for Mack and his friend, the team suffered through sluggish offensive performances for 4 out of the next 5 seasons. The calls for Mack's friend to be terminated grew louder and louder. They made it back to the National Championship game but lost. Mack felt validated again. Then this season happened and the offense was the worst it had ever been. Mack had no choice. He HAD to change. He fired his friend.
Why did it take Mack so long to see his friend was the problem? That his friend was not the great OC Mack believed him to be. To do so required Mack to admit that he was wrong, that all that he had invested over the last 20 years was wrong, that the people who had been calling for his friend's head were right. It was too difficult for Mack. He was blinded by his refusal to admit his own mistake, that he had been mistaken all this time and that change needed to be made. He refused to see it until he could no longer turn a blind eye to it. He had to see it this time. There was no choice. The pain of staying the same had finally outweighed the pain of the change. And that is why Mack finally made the decision to let his friend go. It was more painful to keep him than to move in a new direction. Mack could not stand to see his team suffer through another season like this. If another season like that happened again without change, Mack would be looking for a new job too. No, Mack had no choice. His desire to win finally overtook his desire to be right. He made the correct change.
Dont wait until you are in a crisis to affect change in your life or organization. Evaluate yourself. Invest in winning not being right. Invest in doing the right thing not your thing. Do it now before you experience crisis. Make the changes that are necessary to win, to be successful.
My motto is I want to actually be right, not just think I am right. I want to actually win, not just think I am winning. I do not fear change. I embrace it. I am not invested in being "right" I am invested in winning. I want to win. I want to do whatever it takes to make it happen. I am not stubborn about how something gets done, I am stubborn about getting it done.
Sometimes it is so difficult to take that next step. To find the strength to try something you are afraid of. To try something you are afraid to fail at. Some people are so afraid of failing, they never even try. They think it is better to never try so they never fail.
What kind of sense does that make? If this applies to you, stop and think about it. Is it really better to never fail and never get to play? to never try? to never get in the game of life? to never live? Because that is what you are choosing. You are so afraid to fail, you cease living life. While you may not experience failure, you will never experience winning. Is it really worth that? To give up any chance of success to avoid the possibility of failure, no matter how remote? to not ever have success, joy, triumph, so you can avoid one instance of failure?
The reality is success or failure are irrelevant. They are nothing more than a product of your efforts. The focus should always be on the process, your efforts, and doing your best. Because in the end, you cant control success or failure but you can control your effort, how hard you work and how much of yourself you give to the task. The reality is if you do your best, work your hardest, you will succeed most of the time. But once again, success or failure is irrelevant in life. It is the attempt, the trying, the living with your all, your soul, your being, that counts. That is where you make your mark and demonstrate what you are worth. It is how to live life and to experience the best part of life: trying, being involved, playing the game.
Do not be one of those cold timid souls who know neither victory nor defeat. One of the critics who sits on the sidelines and points out how the doer of deeds could have done them better. Be one of those people on the field of play. Who spends himself in a worthy cause, regardless of victory or defeat. Be one of those people who knows the great joys of triumph and the great sorrows of defeat. But knows that by investing himself in such an endeavor, regardless of outcome, that he has lived life on this earth and he has dared to make a difference, dared to be great.
Do not be afraid to fail. Do not even give it second thought. Focus on the process. Focus on stepping to the free throw line, left foot, right foot, bounce the ball three times, spin the ball in your hands, catch it, stick out your tongue, snap your wrist.....the ball will take care of the rest.
Another successful week comes to a close. I had a very rewarding week working with my clients and spending quality time with my family. I am ready to kick off the Christmas Holiday season this weekend and spend time with my wife and kids.
I am looking forward to taking my wife out on a date tonight, doing a little shopping tomorrow and taking my two oldest sons to the Lake Travis football playoff game tomorrow!
I will also be volunteering for Goodwill on Sunday as part of my commitment to giving back this year!
