Art Law Report

Is "Dumb Starbucks" an Art Gallery in the Eyes of the Law?

Posted by Nicholas O'Donnell on February 10, 2014 at 12:24 PM

News that a coffee shop had opened in Los Angeles entitled "Dumb Starbucks" has again raised the proper interpretation of fair use under U.S. intellectual property law into the realm of popular culture and commerce. Whereas last year’s Beastie Boys/GoldieBlox dustup (still ongoing) revolved primarily around copyright law, here the potential issue is one of trademark infringement. To stave off accusations of liability, the new enterprise has preemptively labeled itself an "art gallery." Will this hold up? Even Starbucks seems puzzled.

Read More

Topics: 505 U.S. 763, parody, Landham Act, Weird Al Yankovic, @dumbstarbucks, Green Day, Bad Starbucks, Trademark, 17 U.S.C. § 107, 15 U.S.C. § 1115(b)(4), GoldieBlox, Copyright, Dr. Evil, Starbucks, Number Two, Twitter, intellectual property, Two Pesos Inc. v. Taco Cabana Inc., Beastie Boys, Fair Use, Merriam-Webster, Austin Powers

About the Blog


The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities.

Meet the Editor

Learn more about our Art & Museum Law practice

Subscribe to Blog

Recent Posts

Posts by Topic

see all