Mystery Solved: Watch the "Welcome" Video from Dumb Starbucks Creator -- And Comedy Central Star

Well, here's our answer. Comedy Central star Nathan Fielder, the star of the network's "Nathan For You," has revealed himself as the brainchild behind "Dumb Starbucks." Watch the video. And see our coverage -- including pics -- here.

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:

World's Oldest Hipster Types Away At Starbucks

Maria and I spotted this guy on Saturday evening at Starbucks' Hollywood and Vine location, pounding away on an electric typewriter at one of the tables. This is amazing on so many levels. The fact that this guy hauled this typewriter from home, all the way to Starbucks, is incredible. Then there's the fact that he chose *this* Starbucks, located at a busy intersection in parking-unfriendly Hollywood. (Maybe he took the Subway there? That would be great too.)

And of course, there's the whole fact that in this wi-fi era, this guy proudly continues to kick it old school by flaunting his electric typewriter to the world.

Hey, I loved typewriters as a kid. And I work in print journalism. I still buy CDs. (Sorry, I haven't caught on to the retro vinyl trend, even though I admire it and wish I did.) So I love this guy. Plus, this has already become the most retweeted post I've ever done on Twitter. Keep on keeping on, Starbucks Electric Typewriter Guy!

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?

Your Favorite Coffee Chain: Coffee Bean & Tea Leaf

The Coffee Bean & Tea Leaf squeaked by Starbucks to win our poll for best coffee chain found in Los Angeles. I'm a bit surprised by the results here. Not necessarily the Coffee Bean win -- it's a hometown chain, and it's generally well-liked (especially thanks to those signature Ice Blendeds).

But given how uncool it is these days to admit you patronize Big Brother Starbucks, I'm a tad surprised that Starbucks nearly took the competition. I figured Peet's would come in second; I was also glad to see Swork perform decently, especially since it's not truly a chain. Then there's McDonalds -- which inspired this poll, given its new push into the coffee space. Turns out not many folks are "lovin' it."

The Wednesday Poll: The Coffee Wars

As the OC Register's Fast Food Maven wrote, McDonald's takes an ambitious stab at the coffee marketplace starting this week. Setting its sights on Starbucks, McDonald's was also emboldened by a positive Consumer Reports review for its drip coffee a few years ago. Now it wants to go after the high-priced drinks as well, opening "McCafes" at McDonald's locations all over Southern California.

Will it work? Or does McDonald's coffee taste too much like swill? It's your turn to vote. And if your favorite chain isn't there, add it to the list:

Vote... And Then Flash Your "I Voted" Sticker All Day Long

Free stuff? Good. Free stuff after voting in the most important election of our lifetimes? Even better.

Yep, I'll be in line for a free 12 oz. ("tall") coffee tomorrow at Starbucks. Perhaps at several locations.

And maybe, I'll also head to Krispy Kreme for a free star-shaped donut. And Ben & Jerry's for a free scoop.

Meanwhile, Thrillist has put together a list of other freebies or discounts tomorrow. Just flash your "I Voted" sticker:

"Healthy" Vote: O!Burger (8593 Santa Monica Blvd, West Hollywood; 310.854.0234)
Buy a burger at this all-natural hole-in-the-wall and get a free order of fries or organic cookies -- whose organic crumbs will be telltale evidence that you voted for Nader.

Drinky Vote #1: Colorado Wine Co (2114 Colorado Blvd, Pasadena; 323.478.1985)
Take 50% off any of the 6-7 whites and reds this small shop'll be pouring -- perfect if you recently took 50% off your bank account.

Rockin' Vote: Amoeba Music (6400 Sunset Blvd, Hollywood; 323.245.6400)
The leviathan music store's handing out coupons good for $2 off anything -- a new cd, used vinyl, a poster from the Milli Vanilli show you hit on election night '88... Use your discount on Orrin Hatch's How His Glory Shines, and $2 will be taken off your soul.

Dessert Vote: Tart (115 S Fairfax, Mid-Wilshire; 323.556.2608
Tart's offering a free dessert to compliment discounted drinks and a special election menu that includes the likes of a caramelized onion, roasted red pepper & aioli "Bailout Burger". No purchase necessary for the dessert, but cheapskates run the risk of the waiter giving them "Bailout Eyes."

Lookin' Good Vote: Cristophe Salon (348 N Beverly Dr, Beverly Hills; 310.274.0851)
This Beverly Hills salon'll give you 50%-off gift certificates, and on-the-spot services you need (haircut), services you don't (coloring), and services you claim you don't (waxing).

Drinky Vote #2: Pitfire
At all the Pitfire pizzeria (in Downtown and North Hollywood)
The Downtown and North Hollywood outposts of this pizzeria mini-chain are offering your choice of either Edison Ale or an "Obama/McCain" limited-edition soda -- so basically, vote for Edison.

Lunchy Vote: Pink Taco (At Westfield Century City: 10250 Santa Monica Blvd, Century City; 310.789.1000)
Get a shot of well tequila and 3 free pink tacos -- a Clintonian deal hearkening back to the freewheeling days of Election '96.

The Orange County Register's Fast Food Maven has more Election Day promotions here.

Dunkin' Donuts Moves Closer to Los Angeles

Three years ago, we wrote that new Dunkin' Donuts owners Bain Capital planned a massive expansion of the chain -- which hasn't been seen in Los Angeles in at least 13 years.

We're still waiting to see if Dunkin' makes its way back to L.A. -- but if this NPR report is any indication, the chain plans a massive push into the American Southwest over the next few years.

According to NPR, the "nine new stores in Phoenix is just a start. Dunkin' Donuts has plans for 150 in this (Arizona) area. And 10,000 new stores in the next decade, starting in the Southwest, and then moving toward Starbucks' home territory in the Northwest."

(Thanks to SeanYoda for the link!)

Los Angeles Gets Exclusive New Starbucks Drink

Los Angeles will be the test market next month for a new line of Italian-style drinks at Starbucks. Starbucks CEO Howard Schultz hinted at the news in an L.A. Times interview:

In July we will introduce a fantastic new summer product in Los Angeles. . . . We found a fantastic new cold-beverage platform in Italy, and as a result of that we are bringing it to the market. It is a product that is both indulgent and refreshing. . . . It is steeped in Italian heritage. I can't tell you more than that.

That got the commenters at Starbucks Gossip guessing. The consensus is that it will be some sort of sorbet-based drink, perhaps with yogurt.

L.A. Times Pays For Itself Today

Before it's too late, pick up today's paper and make sure you grab both the Starbucks and McDonald's ads. McDonald's is offering a free medium ice coffee, while the Starbucks insert -- promoting the chain's new "Pike Place Roast" -- offers free tall coffees every Wednesday through the end of May.

There you go -- plenty of free caffeine for ya.

I Know, I Know, It's McDonalds -- But Hey, Free Ice Coffee

Thanks to the O.C. Register's Fast Food Maven for spreading the word on this freebie:

According to the Maven, McDonald's is offering up its new Iced Coffee -- well, 8 oz. versions, at least -- for free through Sunday. The flavors include hazelnut, vanilla, caramel, sugar-free vanilla and regular. Not sure which McDonald's are participating, but the blog believes that most in Southern California are game.

I love free stuff, but I'm also annoyed with McDonald's obnoxious radio ads. In the spots, a group of women decide to take a coffee break at McDonald's. They marvel at their purchase, noting that they could actually pronounce what they were ordering -- and didn't have to drink their beverages with their noses in the air. OK, I get it -- a dig at the supposed upper-class elitism of coffee chains like Starbucks. But puhleeze. Starbucks long ago became mainstream; you can even find packed locations in small, middle America towns. Is ordering a latte really still considered something only snobby elitists order?!