Stop Asian Hate: Sign of the Times

 

As spotted in the window of our neighborhood coffee house, KAFN.

Maria Joins the Dalgona Coffee Drink Challenge

Apparently, besides baking a lot of bread, people have been making this "dalgona coffee" drink during the coronavirus quarantine. Called "dalgona coffee" because the taste is said to be similar to a Korean honeycomb toffee, the trend began in South Korea and has been popularized over the past few months thanks to social media posts. Per wikipedia (which I suppose we can trust on this one), it's "a beverage made by whipping equal proportions of instant coffee powder, sugar, and hot water until it becomes creamy and then adding it to cold or hot milk."

And that's exactly how Maria made it. The verdict: Sweeter than I was expecting, but indeed a treat. 

Rate-A-Restaurant #356: Habitat (Glassell Park)

Restaurant: Habitat Coffee

Location: 3708 Eagle Rock Blvd (Glassell Park)

Type of restaurant: Coffee Shop

We stipulated: We frequently pass by Habitat, and finally decided to step inside and try it for brunch one recent weekend morning.



They stipulated: "Whether you’re vegan, gluten-free, paleo or a true carnivore, you’re sure to find something delicious to suit your palate. We also have a full coffee bar featuring organic espresso and a wide variety of organic loose leaf teas. Some say our cold brew is the best in town."



What we ordered: Breakfast Tostada: with 2 fried eggs, pico de gallo, black beans, sour cream and quasi fresco ($7.50); Egg white scrambled eggs with green chile, chorizo, spinach ($10)



High point:  The prices are decent.

Low point:  The grease smell inside the restaurant sticks to your clothes and lingers.



Overall impression: Not sure if the slow service and small portions are worth the low prices.



Will we return: We haven't, and with so many options in the area, we may not.

It's Not too Late to Get Free Drinks for National Coffee Day

Every day is National Coffee Day in my life. But apparently September 29 is for the rest of the country. Here's what you'll be able to get free today:

Dunkin' Donuts hot or iced Dark Roast Coffee

Get a free Original Glazed Doughnut and a 12oz cup of coffee at Krispy Kreme

Get 25-cent 12oz brewed cups of coffee at Whole Foods Markets through 9/30

Free shipping on all Starbucks.com orders of $30 or more

Kettle Corn Coffee? Maple Bacon Frosting? America's Flavor Explosion Continues

I love weird flavors more than most. This is the most wonderful time of the year in Flavorville, as pumpkin, apple and all sorts of spice-flavored versions of popular products hit the shelves. But nonetheless... I will *not* be trying Kettle Corn Ground Coffee, as spotted at Target. Nope.



This is similarly going too far. Maple Bacon frosting. I applaud the effort. But no.



I'm with you here. Pumpkin Spice M&Ms are pretty great. And I can appreciate Candy Corn M&Ms too.



I would indeed like to learn more about Cookie Dough Oreos.



Bought a large box of Pumpkin Pop Tarts. Ate 'em. (Kids ate most of 'em.) I approve.



Again with the frosting? Sorry Betty Crocker, "Candy Corn" frosting just sounds like too much.



I wish "Caramel Apple Oreos" were available in trial size packages. I'm curious... but am not about to be stuck with an entire bag of inedible cookies.

A Visit to "Dumb Starbucks": Parody? Art? Silliness? Or Is Starbucks In on the Ruse?

Behold, the power of social media: A day after folks like Rainn Wilson and Dan Harmon tweeted out photos of the mysterious new Los Feliz coffee shop "Dumb Starbucks," the place was mobbed with people on Sunday morning. A line snaked down the length of the Hillhurst strip mall, and even a camera crew from KABC/7 was there.

I didn't have an hour to wait in line just for a free cup of coffee, but I did poke around and take a ton of photos. It's real, and not just a photoshop joke (which was my first inkling yesterday). Somehow, this faux Starbucks was erected with few noticing until yesterday.

So what is it? According to the FAQ, it's a coffee shop that, for whatever reason, decided to use the Starbucks trademark "for marketing purposes." But c'mon, people don't do that. And especially in hipster land, using the "Starbucks" name might actually be a mark against you. (Why not, as the Militant Angeleno jokes, "Stupid Intelligentsia" instead?) More likely, it appears to be some sort of art stunt:

Although we are a fully functioning coffee shop, for legal reasons Dumb Starbucks needs to be categorized as a work of parody art. 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. But that's for our lawyers to worry about."

I haven't seen any comments from copyright lawyers, but there are mountains of cases having to do with parody law, and whether a court of law would deem this "parody," especially when even the "Dumb Starbucks" folks admit it's a bit of a ruse to use the coffee company's trademark, seems really unlikely. I'm assuming a cease-and-desist order is coming shortly. (Unless, of course, Starbucks is in on the joke. I mean, seriously, who else has the resources to create such a pitch-perfect parody? If they are, it's smart -- a way to appeal to the hip/ironic crowd.)

Legalzoom gives a clear description of what the courts have deemed "fair use":

It is an American tradition to poke fun at, criticize and imitate cultural and political icons. However, that tradition could get you sued. There is a defense in copyright cases called "fair use." Section 107 The Copyright Act of 1976 outlines what a court has to consider when determining if something is fair use:

1) Purpose and character of the work

2) Nature of the work

3) Amount and substantiality of the portion used in new work

4) Effect of the use upon the potential market for or value of the copyrighted work

What this means is courts go through four steps, the first of which is to look at whether the creator of the new work did it as social commentary or financial gain. Next, they look at whether it is parody, satire, criticism and if that purpose is obvious in the content. A judge will also consider how much of the original work is included, and whether the will hurt the present or future sales of the old work.

Does "Dumb Starbucks" pass this test? Seems doubtful. The "Dumb Starbucks" FAQ compares their "fair use" to Weird Al Yankovic's parodies. But "Weird Al" always requests permission before recording a parody -- and doesn't release parodies if he doesn't get the original artist's green light. (Prince famously declined, for example.) But hey, I'll enjoy the sheer weirdness of this exercise while I can.

ADD: Commenter Justin Levine notes that we shouldn't be looking at copyright law, as this would be a trademark case: "It's actually not a question of copyright, but rather, trademark. So the '4 factor fair use test' from copyright doesn't come into use here. There is a parody defense in trademark law (just as there is in copyright). But courts have been very inconsistent in applying it or articulating why one parody should survive while another should be struck down. (Just as they are often inconsistent with fair use in copyright cases.) These cases are never clear cut from a legal standpoint.

Justin points to this 2007 trademark dispute over Starbucks, but notes the case was settled out of court. In this case, the Arkansas-based Kerusso was selling T-shirts and caps with a Christian take on the Stabucks logo, replacing the words "Starbucks Coffee" with "Sacrificed for Me" and the logo's mermaid siren with Jesus. The blog Seattle Trademark Lawyer explained:

Kerusso told the Seattle Post-Intelligencer: “It’s interesting how many of our parodies do end up as best-sellers. I think people like the fact that they can get a little chuckle out of something and at the same time express their faith.”

While it may be a best seller, is it really parody? If so, it’s protected as free speech. If not, it’s trading on Starbucks’ goodwill. In the Ninth Circuit, “a true parody will be so obvious that a clear distinction is preserved between the source of the target and the source of the parody….” Dr. Seuss Enterprises, L.P. v. Penguin Books USA, Inc., 109 F.3d 1394, 1405 (9th Cir. 1997). Moreover, “[t]he claim of parody is no defense ‘where the purpose of the similarity is to capitalize on a famous mark’s popularity for the defendant’s own commercial use.’” Id. at 1406, quoting Hard Rock Cafe Licensing Corp. v. Pacific Graphics, Inc., 776 F.Supp. 1454, 1462 (W.D.Wash.1991).

As the Ninth Circuit later explained, “the book The Cat NOT in the Hat! borrowed Dr. Seuss’s trademarks and lyrics to get attention rather than to mock The Cat in the Hat! The defendant’s use of the Dr. Seuss trademarks and copyrighted works had no critical bearing on the substance or style of The Cat in the Hat!, and therefore could not claim First Amendment protection. Dr. Seuss recognized that, where an artistic work targets the original and does not merely borrow another’s property to get attention, First Amendment interests weigh more heavily in the balance.” Mattel, Inc. v. MCA Records, Inc., 296 F.3d 894, 901 (9th Cir. 2002).

Given these authorities, Kerusso’s use of Starbucks’ mark appears mainly to get attention. It does not mock Starbucks or offer any comment on the company the mark represents; it merely makes use of the company’s familar trademark. Therefore, it probably is infringing (and dilutive) use.

A few pics:

Rate-A-Restaurant #307: Sqirl LA

Restaurant: Sqirl LA

Location: 720 N Virgil Ave (East Hollywood)

Type of restaurant: Breakfast/Cafe




We stipulated: I pass by Sqirl LA's shop on Virgil almost every day on the way to work. And every day I say to myself, "I must stop there sometime for coffee and a bite for breakfast." Today was that day.



They stipulated: "Long Beach-born jam-maker Jessica Koslow spent time working in pastry at the James Beard award-winning restaurant Bacchanalia in Atlanta, Georgia. When she returned to California, Jessica was attracted to the diversity of local produce – beautiful and honest snapshots of the state’s vigorous growing seasons. Her preserves are made without shortcuts. In order to maintain the brightness of the fruit a batch can take up to three days to produce. The results are meticulously crafted preserves that not only portray the wealth and diversity of California's crops and its generous seasons, but also remind us of the value in the antique process of preservation."



What we ordered: Coffee and pudding cake



High point:  That pudding cake is fantastic. I'm giving in to the holidays and enjoying a few baked treats like this. No regrets. I licked the wrapper.

Low point: Parking's a bit tricky, given the traffic on Virgil in the morning. Just be patient, you'll find a spot.




Overall impression: Great coffee, great selection of baked goods and an interesting, changing menu. Between Sqirl, Square One and Valerie's Confections all close by, this part of town is overflowing with great breakfast/brunch/lunch/coffee spots.

Will we return: Yes, to sit down and properly enjoy a meal.

L.A. Ad Town: Buick Does Downtown's Coffee Bar

A spot for the Buick Verano Turbo, taking place at downtown's Coffee Bar on Spring Street.







At the end of the ad, racing down Spring Street, past the old Stock Exchange.

It's True: Dunkin' Donuts Comes to California in 2015

In the nearly ten years that we've been blogging at Franklin Avenue, I've been asking the question: Why are there no Dunkin' Donuts in California? (I've also had to bat down trolls over the years who were convinced, CONVINCED, that Dunkin' was already here.)

We were met with silence by Dunkin' Donuts corporate office. A decade later, that silence has been broken. The day has arrived.

Dunkin' Donuts is returning to California.

It's happening starting in 2015. Here's what Nigel Travis, CEO, Dunkin' Brands and President, Dunkin' Donuts U.S., has to say:

Since the day I joined Dunkin’ Brands, one of the questions I’ve been asked most is, “When will Dunkin’ Donuts open in California?” I hear requests to come to California almost every day from our fans on the West Coast and all throughout the country, and of course from our passionate communities on Facebook and Twitter. Some big-name celebrities have even made pleas on national TV for us to bring our famous coffee to Hollywood.

And so, today is an extremely happy and momentous day for our brand, as I have the privilege of making the long-awaited announcement that Dunkin’ Donuts will in fact be expanding into Southern California. We are now actively seeking franchisees to open Dunkin’ Donuts restaurants in Los Angeles, Riverside, San Diego, San Bernadino, Ventura and Orange Counties in California. We expect the first new Dunkin’ Donuts restaurants in California to open in 2015.

We are absolutely thrilled to be coming to California. Expansion to the West Coast has always been part of our growth plans, and we’ve always said that we will enter California when the timing is right and when the infrastructure is in place to help our franchisees be successful. We believe we have reached that point today. It’s wonderful to know that there is already such incredible appetite for our brand in California, as evidenced by the popularity of our bagged coffee at grocery stores, the recent launch of Dunkin’ K-Cup packs at Baskin-Robbins shops throughout the state, and the overwhelmingly positive response to the opening of the Dunkin’ Donuts restaurant on Camp Pendleton.

And now, I look forward to be sick of, and utterly disgusted by, Dunkin' Donuts in 2016. But here's to enjoying their arrival, before bemoaning the days before Dunkin' Donuts put the mom and pop shops out of business. (Ooh, I took a dark turn there, didn't I!)

Previously on Franklin Avenue:

Dunkin' Donuts Finally Returns to California - But There's A Catch (February 2012)

Is Dunkin' Donuts Finally on the Way to Los Angeles? (January 2012)

Dunkin' Donuts to Southern California: No Free Donut For You (May 2010)

Rumors of Dunkin' Donuts Coming to L.A. Have Been Greatly Exaggerated (June 2009)

Dunkin' Donuts Moves Closer to Los Angeles (August 2008)

Dunkin Donuts Opens L.A. Shop... In My Dreams (May 2008)

Dunkin' Tease at the L.A. Times (April 2008)

Turns Out Not Having Dunkin' Donuts in L.A. Is a Blessing (July 2007)

Still No Dunkin' (September 2006)

Dunkin' Again? (December 2005)

Time to Make the Donuts... And Doublecheck Your Facts (October 2003)

OK, Bob Marley Estate, Maybe You've Gone Too Far

Spotted the other day at Fresh and Easy: Marley Coffee. "Get Up, Stand Up" for your right to three little... cups of coffee. "Waiting in Vain" for a fresh brew? You'll be "Jamming" to the taste and demanding to "Stir It Up" with another batch. You'll want to satisfy your soul... with Marley Coffee.

Is Dunkin' Donuts Finally on the Way to Los Angeles?

Don't get your hopes up yet. We've been asking the question for years: Why no Dunkin' Donuts in Los Angeles? The chain left Southern California nearly 20 years ago, and so far rumors of its return have been just that: Rumors.

But today, the company gave another hint that it is in aggressive expansion mode -- and one would have to assume that Southern California is a gaping hole in their nationwide strategy. Here's what CNN Money had to say:

Dunkin' Donuts plans to double its locations in the United States over the next 20 years, the company announced Wednesday.

The coffee and doughnut chain currently operates nearly 7,000 stores nationwide. Each new store adds an average of 20 to 25 new employees, both full and part-time a Dunkin spokeswoman said.

Dunkin' Donuts controls roughly 23% of the coffee and snack-shop market, according to Los Angeles-based industry research firm IBISWorld.

Of course, before you get too excited, Dunkin Donuts' owner made essentially the same announcement back in 2005. And granted, a move into SoCal is not mentioned in this latest statement, six years later. Plus, "20 years" is quite a long time frame. So for now, you still gotta drive to Las Vegas for your fix.

Previously on Franklin Avenue:

Dunkin' Donuts to Southern California: No Free Donut For You (May 2010)

Rumors of Dunkin' Donuts Coming to L.A. Have Been Greatly Exaggerated (June 2009)

Dunkin' Donuts Moves Closer to Los Angeles (August 2008)

Dunkin Donuts Opens L.A. Shop... In My Dreams (May 2008)

Dunkin' Tease at the L.A. Times (April 2008)

Turns Out Not Having Dunkin' Donuts in L.A. Is a Blessing (July 2007)

Still No Dunkin' (September 2006)

Dunkin' Again? (December 2005)

Time to Make the Donuts... And Doublecheck Your Facts (October 2003)

Free L.A. Alert: 7-Eleven Coffee This Thursday

I suppose I can look past the horrible pun for the free coffee. 7-Eleven is celebrating National Coffee Day – Thursday, Sept. 29 – with "National CofFREE Day."

Yeah, "National CofFREE Day." We'll have to get over it. Between 7 and 11 a.m. 7-Eleven stores will offer a free medium-size cup of hot coffee, cappuccino or latte.

New York Times on L.A.'s Growing Coffee Scene

The New York Times goes on a Los Angeles coffee crawl (although it didn't get a chance to hit one of my faves, Cafe de Leche in Highland Park).

A few of their picks:

Bru Coffee Bar
1866 North Vermont Avenue (Los Feliz), Los Angeles; (323) 664-7500.

Coffee Commissary
801 North Fairfax Avenue (Fairfax District), Los Angeles; (323) 664-8633.

Cognoscenti Coffee at Proof Bakery
3156 Glendale Boulevard (Atwater Village), Los Angeles; (213) 986-6624

Espresso Cielo
3101 Main Street, Santa Monica; (310) 314-9999

Espresso Profeta
1129 Glendon Avenue (Westwood Village), Los Angeles; (310) 208-3375.

Intelligentsia Coffee and Tea
3922 West Sunset Boulevard (Silver Lake), Los Angeles; (323) 663-6173.
1331 Abbot Kinney Boulevard (Venice Beach), Los Angeles; (310) 399-1233.
55 East Colorado Boulevard, Pasadena; (626) 578-1270.

Paper or Plastik
5722 West Pico Boulevard (Mid-City), Los Angeles; (323) 935-0268.

Spring for Coffee
548 South Spring Street (Gallery District), Los Angeles, no telephone.
817 South Los Angeles Street (Garment District), Los Angeles, no telephone.

Back in March, the LA Weekly came up with its own list for best coffee in Los Angeles.

How to Find the Best Coffee in Los Angeles

Coffee addicts, pay attention: The LA Weekly has put together the definitive list of L.A.'s best spots to get a cup -- check out the criteria here and the map here.

The Weekly explains:

A few days ago, we listed 10 Places to Get a Damn Good Cup of Coffee. As many of you pointed out (passionately) in our comments, however, there are coffee shops not on the list that also make a great cup. And so, for your handy reference, we mapped L.A.'s best specialty coffee shops. The map includes the spots we highlighted, plus several others that didn't make the list. We made note of the shops that select and roast their own beans (those shops are in all caps), so if you want to drink local, you can.

Check out the original "Top 10 Places to Get a Damn Cup of Coffee" feature here.

Among the top offerings:
1. Espresso Cielo
2. Balconi Coffee Company
3, Coffee Commissary
4. Farmers' Markets
5. Cafecito Organico
​6. Spring for Coffee
7. CoffeeBar
8. Intelligentsia
9. Cognoscenti Coffee
10. Cafe de Leche

A few of our favorite (and soon-to-be favorite) places!

The Search for L.A.'s 24-Hour Starbucks Location

Los Angeles may be the second-largest metro area in the country -- but when it comes to finding an open coffee shop after 11 p.m., Angelenos are still mostly out of luck.

There are, of course, some coffeehouses open late -- the Insomnia Cafe on Beverly, for example, is open until 1:30 a.m.

But late coffeeshops are rare -- particularly chains like Starbucks or Coffee Bean. According to multiple web reports, Starbucks once operated at least one 24-hour location in L.A., but it long ago pulled back on that location's hours. People still claim that they know of 24-hour Starbucks locations -- but these are probably the same people who claim they've seen a Dunkin' Donuts location here in SoCal. They don't know.

As a result, these days late-night caffeine addicts have had to settle for the 7-Eleven swill.

That is changing, at least temporarily, downtown. According to Blog Downtown, the Starbucks location at L.A. Live is testing extended hours, keeping open until 2 a.m. (except Sunday, when it closes at 1 a.m.). Move was in response to the opening of new JW Marriott hotel this week.

Where do you usually go for your late-night coffee runs?

A Green Guide to the Not-Quite-Eastside

OK, set aside the fact that, technically, this guide isn't about the "real" Eastside (east of the L.A. river) but is about the Silver Lake/Los Feliz/Echo Park/East Hollywood region popularly known as the "Eastside."

Your Daily Thread has come up with a pretty nifty guide for green-related businesses in that part of town. Check it out here.

Eateries listed include some of our fave spots: Alcove Café and Bakery, Cru, Elf Café,Flore Vegan Cuisine, Gingergrass, Naturewell, Intelligentsia, Delilah’s Bakery, The Cheese Store, Scoops, LAMILL, Pazzo Gelato, Silver Lake Wine Shop and Lark Cake Shop.

YDT also has entries for Green beauty products, organizations, design shops, fashion, DIY and more. It's worth a look.