Brown vs. Startup Over a Sandwich 119
An anonymous reader writes "Crunchbutton, founded by Yale grads, is trying to replicate the success of its one-button food delivery service in and around Brown University. The controversy began when the startup delivered a popular Brown sandwich called the 'Spicy With' to students. Brown's lawyers sent Crunchbutton a cease and desist letter, demanding that the company remove any associations with the university or its name. The startup says it has complied with the demands, yet Brown has not backed off, and it expects to be served with a lawsuit. This tale illustrates the perils of encouraging entrepreneurship while protecting the interests of a big educational institution."
Super Critical Details Are Super Effective (Score:3, Informative)
Critical facts missing form the summary: The restaurant and sandwiches are owned by the university. This is not about Brown as a trademark.
Rosenblatt says he complied with these demands. On Dec. 12, he wrote an e-mail back to von Gerichten, saying as much. But the lawyer wrote back the next day, saying he ,b>still saw Brown’s product listed on Crunchbutton’s Web page and that there were indications that the campus delivery service would resume (as well as a “defamatory” statement involving liver damage). Rosenblatt wrote back disputing that there was any indication that delivery of “Spicy With” would continue, and apologizing for what he called a joke (which he said was “made in poor taste”).
Meanwhile, in late February, Crunchbutton started working with a Providence restaurant, off campus, to sell and deliver the equivalent of a “Spicy With” sandwich— “except much fresher and tastier,” says Rosenblatt.
So, rather than simply complying and ending the story there. They chose to temporarily comply and make fun of the product and circumstance. This raised the lawyer's ire, rather than diffusing the situation. Crunchbutton then responded with a lame attempt of an excuse. As if that wasn't enough, they then tried to launch another product that (whether or not is actually infringing) is a clear attempt to circumvent rights that Crunchbutton already accepted by their prior faux claims of compliance.
It is clear by their actions that Crunchbutton is willfully attempting to "ingringe", which will not put them in a favorable light when judgment comes. The only real question is if they can prove that there is CLEARLY no infringement or rights being held.
Spicy chicken sandwich with cheese (Score:2, Informative)
It's a spicy chicken sandwich with cheese. "Spicy With" isn't actually the name, it's just something students shout at the grill cook to save half a second.