Wednesday 21 March 2012

Consumer Whore



In 1999, Kieron Dwyer created a modified Starbucks logo that got him a lot of attention. It was dubbed, "Consumer Whore." In 2000, a year after Dwyer made comic books, t-shirts, and stickers with his version of the Starbucks logo, the company sued him, obtaining an injunction that prevented Dwyer from using the parody until the case was scheduled to go to court over a year later. When the case was finally settled, Dwyer was allowed to continue displaying his logo but only in extremely limited circumstances. No more comic books, t-shirts, or stickers: he may post the image on the web but not on his own website - nor may he link from his website to any other sites that show the parody. In short, Dwyer is permitted to use the logo as long as Starbucks can be confident that no one will see it.



There have been a couple of cases along similar lines that have gone to the Supreme Court since then that have been won. But during the settlement, even the judge said, "They can outspend you and that’s what it comes down to". And that was probably the most illuminating and disheartening part of the process, and that’s the lesson for the artist its all about money."

1 comment:

  1. I covered this briefly in my blog, it is all about money unfortunately, it would be laughable if it wasn't so infuriating that the only reason they bothered to do this is because they could afford to; I'm not sure how much of a threat this parody is especially as it was never really used commercially (in the same respect of the Starbucks logo).

    Starbucks are a well known corporate bully when it comes to infringement case, often picking on the 'small guy' that have no real threat to a corporation as big as theirs, take a look at these cases, the Sambucks one is quite interesting:

    http://abcnews.go.com/2020/GiveMeABreak/story?id=1390867#.T2dBI2WAEb4

    http://www.trademarkattorneys.com/starbucks-burned-again-in-trademark-infringement-case

    http://cbldf.org/about-us/case-files/dwyer/

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