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Mr. Jim Clark

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Bear Micro Roastery
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    www.lawdit.co.uk/reading_room/room/view_article.asp?nam - [Cached Version]
    Published on: 12/20/2005    Last Visited: 11/3/2007  

    Owner of Black Bear, Jim Clark claimed that he chose the Charbucks name in particular, so as toindicate to consumers that the new roast was very dark."I said, I want to name it something thatwill grab the average consumer and stop them dead in their tracks," he said."We thought that theproduct would be discontinued after a while, simply because of lack of interest."

    According to Judge Swain the coffee offered by Clark in his shops "is different in imagery, colourand format from Starbucks' logo and signage."She continued stating that the defendant's product

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    <%Title%> - Concord Monitor Online - Concord, NH 03301 - [Cached Version]
    Published on: 12/29/2005    Last Visited: 12/29/2005  

    Jim Clark, owner of Black Bear, said he chose the Charbucks name to warn customers that his new roast was very dark.His company has used the name in incarnations that included "Charbucks Blend"and "Mr.Charbucks."

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    "I said, I want to name it something that will grab the average customer and stop them dead in their tracks," Clark said from his Portsmouth coffee shop, The Den."We thought the product would be discontinued after a while, simply because of lack of interest."

    Swain wrote that the packaging of Clark's product, offered by mail order and in Clark's coffee shop, "is different in imagery, color and format from Starbucks logo and signage."

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    Briffa â„¢ ® © | Welcome - [Cached Version]
    Published on: 1/1/2006    Last Visited: 8/13/2008  

    Jim Clark, The owner of Black Bear, Mr Jim Clark, claimed he named his coffee Charbucks in order to "warn customers that his new roast was very dark".Similarly he has also named products "Charbucks Blend" and "Mr.Charbucks."

    Although the judge was of the opinion that Black Bear had intended to take advantage of the Starbucks' name she did not feel that Starbucks had managed to prove its image or brand was damaged by the Charbucks brand or that the name was used to mislead consumers about a connection between the two.

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    Coffee Shop Business - [Cached Version]
    Published on: 12/29/2005    Last Visited: 11/11/2006  

    Bear Micro Roastery owner Jim Clark says: "I had vicious arguments with my own attorneys right from day one.

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    Judge: Consumers unlikely to confuse 'Charbucks' with... - [Cached Version]
    Published on: 11/15/2004    Last Visited: 12/30/2005  

    In an opinion rendered last week, several months after a two-day hearing in March, U.S. District Court Judge Laura Swain sided with Black Bear owners Jim and Annie Clark, who argued that their operations were simply too miniscule to create a negative impact on Starbucks' business.
    ...
    "We're so small that there's no way, even if we wanted to, that we could cause harm to Starbucks," Jim Clark told Courttv.com in a telephone interview.
    ...
    In a classic battle of David versus Goliath, Jim Clark says he was encouraged by his lawyers and colleagues to scrap the name and spare himself the stress of litigation.

    "We could have given up, which most people do, but we decided we were obligated to stand up and fight because we were given the opportunity to do so," said Clark, 52, who estimates the proceedings have cost him upwards of $100,000 in money he does not have.

    "When I realized they could take everything away from me for a mistake I didn't even know I was making, I felt that as an American citizen, I had to fight back," he said.

    Clark admits that in spite of his apparent victory, the strongest feeling he has at this time is disappointment in the court system and what he sees as Starbucks' abuse of the legal process.

    "All a corporation needs to do is walk into a clerk's office and file some papers in order to drag you into court," Clark said."They could have been polite about it.

  • View Online Source
    Lawdit Solicitors - Intellectual Property Solicitors.... - [Cached Version]
    Published on: 6/5/2005    Last Visited: 11/8/2006  

    Owner of Black Bear, Jim Clark claimed that he chose the Charbucks name in particular, so as to indicate to consumers that the new roast was very dark."I said, I want to name it something that will grab the average consumer and stop them dead in their tracks," he said."We thought that the product would be discontinued after a while, simply because of lack of interest."

    According to Judge Swain the coffee offered by Clark in his shops "is different in imagery, colour and format from Starbucks' logo and signage."She continued stating that the defendant's product is not used "as a stand-alone word in promoting or offering" the product.

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    New York Daily News - World & National Report - No... - [Cached Version]
    Published on: 12/31/2005    Last Visited: 12/31/2005  

    Black Bear owner Jim Clark has held all along that his brew isn't hurting Starbucks and, last week, U.S. District Court Judge Laura Taylor Swain agreed.
    ...
    That isn't to say that Clark didn't mean to take a jab at Starbucks.

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    The Seattle Times: Business & Technology: "Charbucks"... - [Cached Version]
    Published on: 12/29/2005    Last Visited: 12/30/2005  

    Jim Clark, owner of Black Bear, said he chose the Charbucks name to warn customers that his new roast was very dark.His company has used the name in incarnations that included "Charbucks Blend" and "Mr.Charbucks."

    "I said, 'I want to name it something that will grab the average customer and stop them dead in their tracks,' " Clark said from his Portsmouth coffee shop, The Den."We thought the product would be discontinued after awhile, simply because of lack of interest."

    Swain wrote that the packaging of Clark's product, offered by mail order and in Clark's coffee shop, "is different in imagery, color and format from Starbucks logo and signage."

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    The Wire - the coffee coast - [Cached Version]
    Published on: 3/22/2006    Last Visited: 4/26/2006  

    "We don't have a sample roaster," says Jim Clark, co-owner (with his wife Annie) of Black Bear Micro Roastery."That's a special kind of expertise, and I'm way too subjective ...their own product."According to Clark, people are apt to reject new tastes, which is why most cafés do not give out coffee samples.
    ...
    Clark, who buys beans in large quantities, has spent years developing Black Bear's unique storage procedure, which he believes is key to preserving quality.

    While roasted coffee has over 800 chemical compounds, he says, unroasted beans only have around 60.
    ...
    Clark has a number of air conditioners and refrigeration units to combat fluctuations in the climate."My first idea was that I wanted to freeze the beans," Clark says, "and (our consultant) said not to do that.The green beans are actually alive, they're called ‘viable,' and when you freeze them you kill them.But not only do you kill them, you actually affect some of the compounds and affect the quality.So you have to keep them in perfect condition, you can't let them freeze."Now Clark keeps the beans at an even 49 degrees, allowing him to place large orders when the best beans become available and still keep them consistently in stock.Developing the storage area, Clark says, was the most difficult process he has gone through as a roaster, largely because of the need to continually tweak the system in order to keep a perfect balance of moisture.
    ...
    Jim Clark, a mad scientist among roasters, has made major modifications to his roasting system in order to achieve a greater degree of control and consistency than is possible with a standard machine.He noticed that the same beans roasted with the same profile did not always come out tasting quite the same.After installing a number of sensors throughout the roaster, he discovered, according to his Web site, "that there is no direct relationship between the output of the burner and the resulting temperature of the air being delivered to the beans."The solution was twofold: he rigged an air temperature controller to the roaster, and he delegated control of the entire apparatus to a computer-based system.Now, he makes all the changes to roasting profiles in a spreadsheet.To his knowledge, no other roastery in the world uses a similar system.The results, he says, have been greater than he had expected."You can roast coffee with a computer program in a way that human beings just can't do ...batch that we do."

    The quest for consistency, as Emerson never said, is the hobgoblin of little roasters.Because larger companies like Folgers or Maxwell House roast massive amounts of coffee at a once, it is easier for them to create the same product time after time.While Clark has put a lot of effort into achieving consistency, he appreciates the flexibility of being a small roaster.Past a point, he believes, consistency comes with a price.

    With agricultural products like coffee, he says, "It's a law: as your volume goes up you have to lower quality in order to maintain consistency.
    ...
    Jim Clark says the Black Bear Roastery is distinguished by his computer system, which allows him to have separate profiles for each bean while still ensuring that particular beans are roasted exactly the same way each time.
    ...
    While this may be true, Black Bear's Jim Clark thinks there is a more important factor in who will buy specialty coffee."I have discovered since being in the roasting business," he says, "that it has nothing to do with education, money, any of that-it has to do with genetics."
    ...
    According to Clark, this also accounts for the popularity of the almost charred flavor of Starbucks coffee."At least three quarters of the population is genetically receptive to what they produce," he explains.

  • View Online Source
    Women's Network "She Unlimited Magazine" - Small... - [Cached Version]
    Published on: 11/30/2004    Last Visited: 1/27/2006  

    Sender: Jim Clark

    The Black Bear Micro Roastery Company
    ...
    James O. Clark III
    ...
    Neither She Unlimited nor any of independent providers is liable for any informational errors, incompleteness, or articles, or for any actions taken in reliance on information contained herein.By accessing the She Unlimited site, you agree not to redistribute the information found therein.

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