Tuesday, February 11, 2014

Dumb Starbucks Update: When is Infringement Not Infringement?

A flurry of activity after yesterday's post was written revealed the Dumb Starbucks trademark and copyright infringement story was actually part of an elaborate four-day show to which comedian Nathan Fielder has treated Los Angeles, like the coffee he's been providing to customers, free of charge. Fielder actually received quite a bit in exchange for the complimentary coffee. His high concept publicity stunt has elevated his profile beyond the stratosphere; now he's a star.

Demonstrating that what appears to be obvious infringement may not necessarily be infringement at all, late Monday, Fielder revealed himself to be the man-behind-the-counter, first in a video released on YouTube, and later in the store parking lot "press conference" in which he answered reporters' questions. Performer Fielder, playing the coveted role of Fielder the coffee house owner, deadpanned for cameras: "many of you probably know me as a comedian but no bit or joke. This is a real business I plan to get rich from." He's probably right, if the "this" he was referring to was his plan to skyrocket as a performer.

In light of his can't-tell-if-he's-being-serious manner, some have called him the Andy Kaufman of his generation. He could hardly have found greater satisfaction than when, shortly after the "press conference," the Los Angeles Department of Public Health showed up and publicly shut down the business for operating without a health permit (despite Fielder's assertion he was operating an art gallery and that the cups of coffee were individual works of art).

Last year, Fielder, a business school graduate turned comedian with a taste for marketing, completed his first season on the Comedy Central show Nathan for You. In the show, Fielder plays a character of the same name and offers prank advice to small business owners. But before now he was anything but a household name. All that changed this week when he used his blatant coffee shop trademark and copyright infringement hoax to elevate himself to the front page. His act, coming just weeks after what would have been Andy Kaufman's 65th birthday, has been a tremendous success so far and will culminate Tuesday night with an appearance on the network late night show "Jimmy Kimmel Live."

When is infringement not infringement? When it turns out it’s a show.