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Brown vs. Startup Over a Sandwich

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."

119 comments

  1. ooookay? by X0563511 · · Score: 1

    Brown also happens to be a perfectly cromulant color and a very popular surname. Brown University can go... do something indecent.

    --
    For large sets, this will be our guide even unto death, for the LORD will work for each type of data it is applied to...
    1. Re:ooookay? by Beardo+the+Bearded · · Score: 3, Insightful

      What I'd like to know is what the hell is on the sandwich?

      Not everyone is from Yale and Brown, whoever wrote the summary and article.

      --

      ---
      ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
    2. Re:ooookay? by cayenne8 · · Score: 3, Insightful

      And what does "SpicyWith" have to do with Brown or Yale.....? Is the term supposed to mean something?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    3. Re:ooookay? by Anonymous Coward · · Score: 0

      After a bit of black magics (I used a search engine. MAGIC!)

      It's Chicken with cheese.

    4. Re:ooookay? by Anonymous Coward · · Score: 0

      Well, given it's Rhode Island, "spicy" is probably a joke. The average resident would probably get a sunburn just looking at real spicy food.

    5. Re:ooookay? by Runaway1956 · · Score: 1

      Didn't Brown University patent a chicken and cheese sandwich around 1750 or so? Maybe I have the date wrong, but obviously, Brown has the patent. If you want to sell chicken and cheese sandwiches, you need to get a license.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    6. Re:ooookay? by Anonymous Coward · · Score: 1

      Oh man, if only there was some sort of ARTICLE ABOUT THE TOPIC IN QUESTION, LINKED FROM THE BRIEF SUMMARY.

      Having graduated from Betaspring, Crunchbutton replicated its Yale model by setting up a delivery service for Brown students to order the popular “Spicy With” sandwich from Jo’s, a campus eatery operated by Brown Dining Services.

    7. Re:ooookay? by Anonymous Coward · · Score: 0

      Patents only last 25 years or so.

    8. Re:ooookay? by t4ng* · · Score: 1

      Easy fix. Crunchbutton declares bankruptcy, employees get paid all wages due at 100% first, everyone else waits in line and gets pennies on the dollar. The same startup group then fills out the paperwork for a new corporation under a different name, does that same thing but without using the "Spicy With" name. If the Brown lawyers still try to come after them, just direct them to the back of the line for the bankruptcy hearings of Crunchbutton.

      I've seen startups do this many times before, and it works. It's not like they have a decades old company and brand names to protect. Just keeping abusing the corporate veil until they find a formula that works without getting sued.

    9. Re:ooookay? by psydeshow · · Score: 1

      Oh man, if only there was some sort of ARTICLE ABOUT THE TOPIC IN QUESTION, LINKED FROM THE BRIEF SUMMARY.

      Having graduated from Betaspring, Crunchbutton replicated its Yale model by setting up a delivery service for Brown students to order the popular “Spicy With” sandwich from Jo’s, a campus eatery operated by Brown Dining Services.

      Okay, but what's on the sandwich?

    10. Re:ooookay? by psydeshow · · Score: 1

      After a bit of black magics (I used a search engine. MAGIC!)
      It's Chicken with cheese.

      Show your work.

      Fried chicken cutlet with cheese is pictured next to some stories about the Spicy With, but where do you see the sandwich described in detail? What condiments are on it? Etc.

  2. Obviously some kind of rivalry at work by Anonymous Coward · · Score: 1

    How much you want to bet this is just Brown being butthurt that they're getting one-upped by Yale grads yet again..

  3. Brown? by Anonymous Coward · · Score: 5, Funny

    Why would they name their university after the color of poop? They should have payed attention to the brown Microsoft Zune fiasco.

    1. Re:Brown? by j00r0m4nc3r · · Score: 1

      They should just rename the sandwich to "The Brown Sucks".
      Yale : 2
      Brown: 0

    2. Re:Brown? by NatasRevol · · Score: 1

      The Zune Sandwich.

      Bet it's not popular then.

      --
      There are two types of people in the world: Those who crave closure
    3. Re:Brown? by Anonymous Coward · · Score: 0

      They were obviously just assigned a color.
      Now Brown University may have grumbled a bit, but you should have heard the fuzz Pink University made.

  4. The decline and fall of the American Empire by M.+Baranczak · · Score: 3, Funny

    people tend to choose the same one or two items whenever they call a particular restaurant for delivery or take-out. And restaurants tend to have a few popular items that they make particularly well. Why not match up supply and demand with a smart button that makes ordering super-simple?

    For people who think that ordering food delivery is just too much work.

    1. Re:The decline and fall of the American Empire by viking099 · · Score: 1

      Or maybe they want to try something new and don't know what's good at a new place.

      Like the time I ordered Menudo at a Mexican joint because the menu suggested it was a Mexican version of Beef Stew.

    2. Re:The decline and fall of the American Empire by Anonymous Coward · · Score: 0
    3. Re:The decline and fall of the American Empire by Rich0 · · Score: 1

      Actually, maintaining customer preferences is all-around a good idea. If you tend to order one of a few items done a certain way, why not make it easy and just let you pick it off of a touch screen or whatever? They don't have to get your order right, you don't have to spell it out, and you can basically walk up, swipe your card, tap two buttons, and it is ordered/paid. Assuming people read the order, the error rare would be much lower as well.

    4. Re:The decline and fall of the American Empire by dcollins117 · · Score: 1

      Press a button, get your stuff. I'm surprised Amazon.com doesn't get into the fray with their one-click shopping patent. Or is pressing a button "... on a computer" a totally different technology?

    5. Re:The decline and fall of the American Empire by gl4ss · · Score: 3, Insightful

      ordering food is one of those things that's much, much better done with a machine than with a phone.

      first off, phone takes much more time. not only that, but it takes two persons time leading to one person at the sandwich place practically having to do phone duty. and since he has to do some sort of data input from mumblings of callers with bad lines, it's error prone. it's much, much simpler if the guy ordering the stuff does the data input into textual form that prints out on a slip for the cook. even simpler if he pays up front too(no joke orders).

      whenever I order kebab, I do it online. much simpler for everyone involved - all the kebab/pizza places here have staff that have moved in from elsewhere - try explaining valkosipuli and jauhelihakastike to them over phone.

      it's not as much about laziness as it is about getting what you actually want!

      --
      world was created 5 seconds before this post as it is.
    6. Re:The decline and fall of the American Empire by Black+Jack+Hyde · · Score: 1

      For people who think that ordering food delivery is just too much work.

      Sounds like they've found a prospective customer base for Pre Chew Charlie's.

    7. Re:The decline and fall of the American Empire by Type44Q · · Score: 0

      Like the time I ordered Menudo at a Mexican joint because the menu suggested it was a Mexican version of Beef Stew.

      That's still better than ordering something "made with love" and getting "cream of sum yung gai" :p

    8. Re:The decline and fall of the American Empire by Type44Q · · Score: 1

      Oh, for fuck's sake: who's the squeamish little pansy who can't handle a little humor? This is a site for adults, not playskoolforum.com (although I certainly wonder sometimes...)

    9. Re: The decline and fall of the American Empire by mjwx · · Score: 1

      It wants sqeemish. You just made a really bad joke and they were trying to save the rest of us from seeing it. The slashcensor has to work in our favour once in a while.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    10. Re:The decline and fall of the American Empire by Anonymous Coward · · Score: 0

      It's "cum with sum yung gai" you retard. How much glue did you huff in middle school?

  5. Brown's Chicken? by Anonymous Coward · · Score: 0

    It doesn't taste better?

    1. Re:Brown's Chicken? by larry+bagina · · Score: 1

      I had a bad experience with Brown's Starfish.

      --
      Do you even lift?

      These aren't the 'roids you're looking for.

  6. Obligatory XKCD by Noughmad · · Score: 0

    1. Do they have a command-line client?
    2. Does it require root privileges?

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    PlusFive Slashdot reader for Android. Can post comments.
  7. Nothing to report by schneidafunk · · Score: 3, Insightful

    In the article, it says he complied with the legal threat and that is pretty much the end of the story. They have not been taken to court. All else in the article is just publicity for the company.

    That being said, I don't see why they need to focus on campuses at all, except it's a good market for delivery & cell phone usage. There is no need for a lawsuit and they already stopped delivering food associated to Brown.

    --
    Some people die at 25 and aren't buried until 75. -Benjamin Franklin
    1. Re:Nothing to report by Motard · · Score: 1

      Well, I think Facebook showed that for college students, starting out on campus is a perfect incubator. It's easier to be relevant, you can easily mingle with the population to gauge the reaction, to figure out what works and what doesn't. Unlike facebook, these guys have already monetized their service. It seems as though they're in a pretty good position.

    2. Re:Nothing to report by BitZtream · · Score: 1

      Food delivery service is popular with a population of people which generally don't own cars or have the equipment, utensils and/or time to cook their own meals? Its shocking that they figured this out all on their own. It seems their in as good a position as ... well, Domino's and all the other services that offer pretty much the same thing.

      I'm not sure how 'saturated market' is a good position to be in.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    3. Re:Nothing to report by cdrudge · · Score: 1

      I don't see why they need to focus on campuses at all, except it's a good market for delivery & cell phone usage.

      I'd say good market for delivery is a huge reason why. Usually a campus has a higher densities of potential customers. Students studying and don't want to take a break to get it on their own or go to a dining hall. Or don't have a car and don't want to walk/take the bus/ride their bike/whatever. Or their car is parked on the opposite side of campus where the student parking is at. Or they wanted something to eat outside the normal hours of the dining hall. Or at least all those were reasons why I'd order Jimmy Johns when I lived on campus.

    4. Re:Nothing to report by Obfuscant · · Score: 2

      Food delivery service is popular with a population of people which generally don't own cars or have the equipment, utensils and/or time to cook their own meals? Its shocking that they figured this out all on their own.

      Except it isn't food delivery, it's food ordering. The delivery is still the responsibility of the restaurant. They've simply added a layer to the front end of the process that means that the restaurant doesn't have to pay someone to talk on the phone taking orders. Clean, simple. Fewer errors. Quick. Win win win.

      It seems their in as good a position as ... well, Domino's and all the other services that offer pretty much the same thing.

      The closest Dominos comes to this is what little they copy from Little Caesar's. I think Dominos does this now, but Little Caesar's had learned that they can make money by stocking pre-made pizza in two styles. People walk in, and instead of a five minute ordering process ("what would you like on that, would you like extra cheese, what kind of crust yada yada yada") and a ten minute wait to bake it, the customer says "pepperoni" and the guy behind the counter hands him one. Done done done.

      Although, LC has started to fall back to it's old habits and is slowing the process down. "Would you like crazy bread..." Don't want. Didn't ask for. Gimme pizza. I go.

  8. Wha... ? by TWX · · Score: 3, Interesting

    I'm still trying to wrap my brain around this...

    They do not claim to be the restaurant, they claim to be a courier service. They mention what the restaurant provides, and they create a method to allow one to use school-food-accounts to pay for it. The restaurant and thus the school still gets paid.

    Then there are somewhat generic words like "Brown" and "Spicy With". I am curious as to how the school could hold on to "Spicy With" when that's a description, in the same fashion that Apple got denied trademark on "iPad Mini" because it's a description, not a name...

    --
    Do not look into laser with remaining eye.
    1. Re:Wha... ? by fermion · · Score: 2
      in a perfect world that would be ok. In the real world people complain about everything. The service opens Brown up to any number of complaints. For instance the help screen says contact the restaurant for problems with an order.This means if food does not get delivered correctly, the restaurant has to deal with it.

      In addition you note that school food account is used to pay. These are often paid by their parents,so it open the school up to the most dreadful thing, parent phone calls. One imagines that there is a delivery fee, and that the delivery fee is something parents are not prepared for. Likewise, the school has a responsibility to control the use of student information. if the school does not do anything, and student information is breeched, then that is a problem for the school.

      As has been mentioned, the school asked the firm to stop using the restaurant and the the business did. End fo story. Part of the problem some may be having is that students pretty much expect to do anything they want, but really they can't. There are limits. My firm to tak over the quad quad and play music all day and night to sell cds. I am clearly providing a service. I am not sure if anyone would say that I should allowed to do this.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    2. Re:Wha... ? by sribe · · Score: 1

      I am curious as to how the school could hold on to "Spicy With" when that's a description...

      But it's really not. Ask yourself, what does it describe? Going to your example, an "iPad mini" is clearly a small iPad--from the name you know what it is, because the name described it. But you certainly can't tell what a "Spicy With" is from the name. What kind of bread, meat, condiments? No clue--we expect the sandwich will be spicy to some degree, but that's it.

      That said, most of Brown's complaints are complete bullshit. There is no law, none whatsoever, against reselling food. Nor is there any law restricting one from stating exactly what it is that one is reselling.

    3. Re:Wha... ? by Anonymous Coward · · Score: 0

      I'm guessing it's the part where they worked with other restaurants to create the same sandwich, that pissed the school off. They may not have a legal leg to stand on, but it's understandable why they are pissed.

      And while I'm at it, why should Brown give a crap about the entrepreneurship from students from a different university? "This tale illustrates the perils of encouraging entrepreneurship while protecting the interests of a big educational institution" no it doesn't

    4. Re:Wha... ? by chrismcb · · Score: 1

      It doesn't really have anything to do with "Brown" or 'Spicy With" but rather the fact that they make it seem like they have a partnership with Brown and Brown's food service. I'm not a lawyer, but I'm curious to know what legal grounds Brown has to stand on. They aren't competing with Brown as they are selling Brown's product, presumably for more money. Doesn't first sale and fair use cover everything?

    5. Re:Wha... ? by Dragonslicer · · Score: 1

      It doesn't really have anything to do with "Brown" or 'Spicy With" but rather the fact that they make it seem like they have a partnership with Brown and Brown's food service. I'm not a lawyer, but I'm curious to know what legal grounds Brown has to stand on.

      Your first sentence is the answer to your second sentence. You aren't allowed to advertise that you have a relationship with a company (or some similar organization) when you don't have such a relationship. I haven't looked at the details of this case, so I can't say who's right or wrong, but that seems to have been the complaint.

    6. Re:Wha... ? by TWX · · Score: 1

      You aren't allowed to advertise that you have a relationship with a company (or some similar organization) when you don't have such a relationship. I haven't looked at the details of this case, so I can't say who's right or wrong, but that seems to have been the complaint.

      "2011 Chevrolet Malibus! Still under factory warranty! Dozens to choose from! $299 a month!" This from a third-party used car dealer ad on TV. Most likely off-rentals.

      --
      Do not look into laser with remaining eye.
    7. Re:Wha... ? by Dragonslicer · · Score: 1

      But that's only stating that you have some item for sale, and a description of the item. There is no implication that you're a representative of Chevrolet.

  9. Say by no-body · · Score: 0

    Is that fun?

    What kind of people do this?
    Are they happy, where do they live, how do they look, how is their hm, sexlife?

    That would be really interesting to find out.

  10. F*ck Feces University by Anonymous Coward · · Score: 0

    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."

    No, this tale illustrates the perils of being an entrepreneur in a universe we have to share with completely litigious dickwads (Color-of-feces 'Brown' University).

    1. Re:F*ck Feces University by MickyTheIdiot · · Score: 1

      Yup.. I agree. Seems this would be a great opportunity for Brown to reel in this idiot and make a statement with its actions.

  11. Which part has the university's name by Anonymous Coward · · Score: 0, Insightful

    The business is called Crunchbutton. The sandwich is called "Spicy With".

    How does any of that suggest Brown University?

    1. Re:Which part has the university's name by Anonymous Coward · · Score: 5, Funny

      With is the official preposition of Brown University. It's on the homepage and in all their official literature. Spicy is the fencing team's mascot, a Mexican matador with a bandolier of epees.

      I really don't see how this could be any clearer.

    2. Re:Which part has the university's name by Anonymous Coward · · Score: 0

      I just Trademarked "A"

      Now pay me.. all of you!

    3. Re:Which part has the university's name by Anonymous Coward · · Score: 0

      I'm not p@ying you cr@p. I found @nother w@y.

      h@h!

    4. Re:Which part has the university's name by Anonymous Coward · · Score: 0

      "F" & "U" still here.

    5. Re:Which part has the university's name by game+kid · · Score: 1

      Nice work@round. Now I just need to stop my browser's text editor from ch@nging the words into m@ilto links.

      --
      You can hold down the "B" button for continuous firing.
    6. Re:Which part has the university's name by Anonymous Coward · · Score: 0

      And that is why I fucking hate macs.

  12. Priorities by Applekid · · Score: 1

    Remember when higher education was concerned with, well, education, instead of "branding"?

    --
    More Twoson than Cupertino
    1. Re:Priorities by Anonymous Coward · · Score: 0
    2. Re:Priorities by Anonymous Coward · · Score: 1

      Frankly, I don't remember.

      "Higher" education has always been a business. The "public" version is a business as well, they just have the added convenience of padding their profits with taxpayer money.

      Without sizzle and marketing, how else do you convince [the parents of] a 17-year old to go into $200K in debt to get a degree in Fine Art?

    3. Re:Priorities by Anonymous Coward · · Score: 0

      The "public" version is a business as well, they just have the added convenience of padding their profits with taxpayer money.

      What? The public versions are not profit. There is no profit. No shareholders beyond the state itself. You should have said they pad their salaries with taxpayer money, geeze.

    4. Re:Priorities by Anonymous Coward · · Score: 0

      i believe the GP's point was that public versions also have to compete for students, the less students they get, the less money they get from the state. So they very much are run like businesses even if they don't make a "profit"

      Note: i work for a state university.

    5. Re:Priorities by Anonymous Coward · · Score: 0

      And why are they paying salaries with taxpayers money if the students are all paying their tuition? Doesn't the tuition cover the cost of salaries, and if not, why not?

  13. Re:LOL WUT? by Anonymous Coward · · Score: 0

    Exactly, I had to read the summary 3 times before I could make sense of it. I was thinking "English, Motherf...ker, do you speak it?"

  14. For now it looks like they may have to by Anonymous Coward · · Score: 1, Funny

    Brown bag it for a while.

    Yeeeeeeeeaaaaaaaaahhhhhhhhh

    1. Re:For now it looks like they may have to by MickyTheIdiot · · Score: 3, Funny

      asshole. Edward von Gerichten is now on the phone with every brown bag manufactuer in North America threatening trademark infringement. It's cashing in on "their good name."

    2. Re:For now it looks like they may have to by sjames · · Score: 2

      I would think they'd be more pissed at Brown logistics or UPS for implying that the school is a training center for truck drivers and deliverymen.

  15. so call it "Shit University" and keep going by swschrad · · Score: 1

    and then if Brown decides their name is "shit" and sues, it can be tossed out because the university's high rollers made the association themselves.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  16. The Amazing Brown Note Generator! by Mindragon · · Score: 1

    I have a fantastic start up idea called "Brown Note Generator". With one button, it will serve lawsuits to everyone that I don't like! Now to get onto Shark Tank...

    --
    Just add {In Space!} to anything.
  17. Sandwich Man by dugjohnson · · Score: 1

    I was a "sandwich man" when a student at a different Ivy League school. In that case I had no choice but to buy from food services. You were not allowed to sell or deliver to the dorms unless you were authorized by food services.
    This is, most likely, a case of Brown having its own service and not wanting the competition.

    --
    My brain is overly lubricated
    1. Re:Sandwich Man by khallow · · Score: 1

      It's also worth noting that they were selling food from on campus concessionary services. I think Brown University should be stripped completely of this power and control, but well, that's what they have.

    2. Re:Sandwich Man by MickyTheIdiot · · Score: 1

      It wasn't even a "reselling" situation or even making money on delivery, it was a conduit to their own services as I understand it.

    3. Re:Sandwich Man by bill_mcgonigle · · Score: 1

      It's also worth noting that they were selling food from on campus concessionary services.

      Ah. Most of these are cash cows for the universities. Perhaps the concern here is that Crunchbutton would obviate the need for their dining halls, and then once the delivery business was well-established they'd start working with outside food providers, thereby eliminating the need for Brown's dining services cartel.

      Finding some weak legal means to make threats may be the cheapest way to head-off such competition.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  18. Another milestone for first-year law students by Anonymous Coward · · Score: 0

    Brown v. Topeka Board of Education (1954)

    Brown v. Startup Over a Sandwich (2013)

  19. Unlikely scenario by ArcadeMan · · Score: 4, Funny

    Brown University sues Crunchbutton.
    Crunchbutton seeks external help.
    UPS sues Brown University over the "Brown" trademark.
    Brown University drops lawsuit against Crunchbutton, with public apologies.
    UPS drops lawsuit against Brown University, with a note saying "We'll be watching. By the way your name is now Blue University".

    1. Re:Unlikely scenario by bryan1945 · · Score: 2

      Duke sues UPS over "Blue."

      --
      Vote monkeys into Congress. They are cheaper and more trustworthy.
    2. Re:Unlikely scenario by Anonymous Coward · · Score: 0

      I think Brown might have a slight advantage over UPS in that suit since UPS has been around as UPS sine the 1930's while Brown University is the 3rd oldest university in the country dating back to 1764.

    3. Re:Unlikely scenario by Anonymous Coward · · Score: 1

      And then IBM gets involved.

    4. Re:Unlikely scenario by Anonymous Coward · · Score: 0

      Except that UPS is the one with the registered trademark.

    5. Re:Unlikely scenario by Anonymous Coward · · Score: 0

      Brown University sues Crunchbutton.
      Crunchbutton seeks external help.
      UPS sues Brown University over the "Brown" trademark.
      Brown University drops lawsuit against Crunchbutton, with public apologies.
      UPS drops lawsuit against Brown University, with a note saying "We'll be watching. By the way your name is now Blown University".

  20. ... Expects to be served with a lawsuit by Anonymous Coward · · Score: 0

    But will it be for take-out?

  21. How is this bad news? by Glires · · Score: 1

    So the university that "really encourages entrepreneurship" has managed to get the entrepreneur free national publicity by threatening (but not actually filing, to date) a lawsuit. I feel like a tool just for having read the article.

    --
    -Glires
    1. Re:How is this bad news? by CptNerd · · Score: 1

      How do you think I feel, I only read your comment...

      --
      By the taping of my glasses, something geeky this way passes
  22. IP is where we really need deregulation by guanxi · · Score: 1

    It's trendy in some circles to complain of excessive government regulation interfering with business, but intellectual property is where it really happens. Sometimes it seems like any entrepreneur or innovation can be stopped cold by the legal burden of defending intellectual property.

    1. Re:IP is where we really need deregulation by GodfatherofSoul · · Score: 1

      Won't be easy since it's wrapped up in international law and how all international patents are honored.

      --
      I swear to God...I swear to God! That is NOT how you treat your human!
    2. Re:IP is where we really need deregulation by AvitarX · · Score: 1

      That's not true about patents. You need to file in every jurisdiction you want protection in.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    3. Re:IP is where we really need deregulation by GodfatherofSoul · · Score: 1

      Patents are covered by the WTO and software patents are explicitly treated just like any other. That's the problem. The international community has to come behind a new set of laws that can get passed. You can be sure that China will have issues with vigorous enforcement of dedicated software patent laws.

      --
      I swear to God...I swear to God! That is NOT how you treat your human!
    4. Re:IP is where we really need deregulation by Anonymous Coward · · Score: 0

      It's trendy in some circles to think that, yes.

  23. That lawyer should be fired. by Zouden · · Score: 1

    I think it's pretty clear that this isn't going to go well for Brown. They'll get nothing but bad publicity from this, so why on earth was this lawyer allowed to write a C&D letter? He should have at least checked first with Brown's marketing department - or any department - if it's okay to threaten a small business that's popular with students for no gain to the the university.

    --
    "A week in the lab saves an hour in the library"
  24. Re:Which bit represents the university's title by Anonymous Coward · · Score: 0

    You might not be very successful in prosecuting people over your purported property...

  25. Do they sue UPS? by cant_get_a_good_nick · · Score: 1

    "What can Brown do for you?"

    What can Color C0:M60:Y72:K98 do for you?

    1. Re:Do they sue UPS? by Anonymous Coward · · Score: 0

      "What can Brown do for you?"

      Why don't you bend over? I'll show you what Brown can do for you...

  26. what? by Anonymous Coward · · Score: 0

    Rosenblatt and von Gerichten-stern are dead.

  27. Super Critical Details Are Super Effective by Anonymous Coward · · 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.

    1. Re:Super Critical Details Are Super Effective by mbkennel · · Score: 3, Insightful

      "infringe" on what?

      App was making it easy for people to order a sandwich from Brown's cafeteria. Somehow Brown thought that was offensive and something to be stopped.

      App makers respond by making it easy for people to order a similar sandwich from a different restaurant not run by Brown University. University goes apoplectic, presumably offended that the app maker didn't go out of business immediately.

    2. Re:Super Critical Details Are Super Effective by chrismcb · · Score: 2

      But what are they infringing on? They are selling Brown's sandwich. They are telling people they are selling Brown's sandwich. Brown is making full profit from selling that sandwich. First Sale says I can resale it. Fair use seems to imply I can indicate it was Brown's. So what is the actual problem?

    3. Re:Super Critical Details Are Super Effective by 93+Escort+Wagon · · Score: 1

      But what are they infringing on? They are selling Brown's sandwich. They are telling people they are selling Brown's sandwich. Brown is making full profit from selling that sandwich. First Sale says I can resale it. Fair use seems to imply I can indicate it was Brown's. So what is the actual problem?

      Not to mention that it's not possible to patent or trademark a list of ingredients.

      --
      #DeleteChrome
    4. Re:Super Critical Details Are Super Effective by Anonymous Coward · · Score: 0

      Crunchbutton sounds like sleazebags:

      1) They entered into a business relationship with Brown
      2) They benefited from association with a hit product made at Brown, used that to launch their startup into big numbers
      3) After the relationship broke off, they implied that they still sold Brown's hit product in both online and physical materials
      4) After Brown complained, they kept the name of the product but then made fun of Brown
      5) They now say their product is the same as Brown's, only that Brown gives you 'liver damage' hahaha great sense of humor
      6) Now they're saying they're being persecuted like Aaron Swartz. They're sleazebags. If you do business with these guys, they'll pull the same shoddy stunt on you and then make fun of you publicly for it.

    5. Re:Super Critical Details Are Super Effective by Anonymous Coward · · Score: 0

      "diffusing the situation"
      "ingringe"

      Mods, please mod parent up! We finally have an authentic Brown grad to add expert insight to the debate!

  28. Expects... by asylumx · · Score: 1

    The startup...expects to be served with a lawsuit"

    So is that what makes this newsworthy? Post an article when at least the lawsuit has been filed, or better yet when it has been ruled upon. Right now, who cares?

  29. In other words by mbkennel · · Score: 1

    The university was angry about somebody who did something to drive business to their restaurant and moreover, did it for free. Sue them!

    Will they sue the phone system and google for connecting them?

    1. Re:In other words by Stormy+Dragon · · Score: 1

      In exchange for the students giving their ID information to a third party. How is this different than a phising scam, really?

    2. Re:In other words by cdrudge · · Score: 1

      The same amount of information that is available at just about every business around a major campus that has student discounts or other reasons for looking at a ID.

    3. Re:In other words by Stormy+Dragon · · Score: 1

      Yeah, but those businesses all went through the approval process to get access to the ID system and are accessing it via the proper channels. It sounds like this CrunchButton website is just storing account credentials and then pretending to be the student so they can place orders in their name. It's obvious why the school would have an issue with that.

      Suppose I create a business called "CashButton" that will transfer $100 from your bank to paypal with just a single button click, provided you just give me your userid and login to each. Do you think that the banks and paypal aren't going to flip out that I'm collecting a database of their account logins that they have no control over?

    4. Re:In other words by Anonymous Coward · · Score: 0

      Like mint.com? Mint doesn't transfer funds, but they do collect passwords. I don't know what channels they go through.

  30. Re:LOL WUT? by NatasRevol · · Score: 0

    English, BrownWith, do you Spicy it?

    --
    There are two types of people in the world: Those who crave closure
  31. Recipes are not copyrightable by maroberts · · Score: 2

    They're simply a list of ingredients

    So you're free to make a SpicyWith. (Unless they have a trademark on SpicyWith, which is again unlikely as descriptions are not allowed)

    --

    Donte Alistair Anderson Roberts - hi son!
    Karma: Chameleon

  32. Infringe what? by Anonymous Coward · · Score: 0

    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.

    BS. Crunchbutton voluntarily stopped offering the sandwich. That doesn't mean they accepted Brown's claims. If they really wanted to fight Brown, they still could.

    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.

    It's a different sandwich from a different restaurant. They have no interaction with Brown at this point. There's no indication that Brown even cares anymore, now that they're not using student IDs and not ordering from the campus restaurant.

    Even the name "Spicy With" isn't actually the name of the sandwich at the campus restaurant. It's a spicy chicken sandwich, which you can get with cheese or without. It's the same shit you get at any campus cafeteria, not some kind of signature specialty.

  33. Spicy chicken sandwich with cheese by Anonymous Coward · · 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.

    1. Re:Spicy chicken sandwich with cheese by srmalloy · · Score: 2

      Just as you would specify 'wit' or 'witout' for whether you wanted onions on your Philly cheese steak sandwich.

  34. Academia can SUCK IT by Anonymous Coward · · Score: 0

    The astonishing and unprecedented success of libertarian entreprenurs has prooved that "higher" education just doesn't work and this lawsuit is just one more proof that one doesn't need any kind of formal education to succeed when you simply keep government OUT OF OUR BUSINESS.

  35. Sigh.. by toonces33 · · Score: 1

    What has Brown done for you lately?

  36. What I want to know is... by Anonymous Coward · · Score: 0

    Why anyone would buy anything from some outfit called "Crunchbottom"?

  37. "Spicy with" recipe? by will_die · · Score: 1

    So what is a "spicy with" sandwich made of?

  38. I propose a new sandwich ... by golodh · · Score: 1

    I plan to call it the "urgent-cease-and-desist" sandwich. It constitutes of two slices of brown bread, with brown peanut butter, lettuce with brown spots, seasoned with a smallish amount of ground chili peppers, and served in a mock-up (brown) leather briefcase.

    1. Re:I propose a new sandwich ... by Hsien-Ko · · Score: 1

      suedo sue me a sandwich

    2. Re:I propose a new sandwich ... by maxwell+demon · · Score: 2

      suedo sue me a sandwich

      $ man suedo

      SYNOPSIS

      Obtain privileges by using a court

      INVOCATION

      Unfortunately by telling you how to invoke this command we would open ourselves as target. Please contact your lawyer for more information.

      SEE ALSO

      court(8), lawyer(8)

      --
      The Tao of math: The numbers you can count are not the real numbers.
  39. Okay unless they deliver... by Dareth · · Score: 1

    Okay unless they deliver the Spicy With!

    --

    I only look human.
    My mother is a halfling and my dad is an ogre, so that makes me an Ogreling
  40. Speculation by Synerg1y · · Score: 2

    1. The lawsuit is based on the student entrepreneur's "feeling", a less credible source cannot possible exist.
    2. What he did is called piggybacking, businesses will go to great lengths to prevent it, in this case the business was owned by the university.

    Don't get me wrong, they could've let him continue on in good faith, but it was probably inconveniencing them somehow, or the lawyer's a real asshole.

  41. no entrepreneurship by AndyKron · · Score: 1

    There is no "entrepreneurship" left in this country unless you allow yourself to be owned by someone else. Everything else is an illusion.

  42. Student "Meal Service Accounts" may be the issue. by girlinatrainingbra · · Score: 1

    IMHO, Brown University's "Meal Service Accounts" for its students may be the issue here.
    .
    Here's an update from Brown University's student newpaper blog article from April 2nd about the "revamping of the Spicy-With delivery" service from CrunchButton. It mentions that CrunchButton is now sourcing the sandwich from Mirano Grill which performs the delivery function.
    .
    It appears that "Jo's", the original source and supplier of "Spicy With" for crunch-button's one-button app is an official Brown University food-service location which does not supply delivery service at all. So in the original situation, Crunch-button was providing the delivery service, while the student's student-ID-card-information was being used for charging food-service for the food item (and possibly also for the delivery charge). None of the articles I've seen or crunch-button's site makes clear whether the charge is paid COD (cash on delivery) or billed as an addon to the student's Brown University account in the original situation when the sandwich came from Jo's.
    .
    With the introduction of an off-campus supplier for the sandwich, the payment option must have been changed to credit-card or some other option, as off-campus restaurants don't usually get access to the "dining options" accounts held by students on a university campus. So IMHO, I think the brouhaha was about accessing the students' "dining card accounts" and with the use of an on-campus official Brown university food-service restaurant.