Ethiopia... Yirgacheffe™, Sidamo™, Harrar™
I can't tell you what coffee I'm drinking right now. I would be breaking the law if I told you. I'm not kidding.
It's not a secret coffee that you've never heard of. It's not named with words that would be offensive to use in public. And no, it's not named after a top-secret government initiative to monitor the ripeness of coffee cherries using NASA spacecraft. We got trademark problems.
I'm sure you all heard about the efforts of the Ethiopian government to trademark the names of its' coffee territories. It came into the news when Starbucks challenged their trademark application. I think it's telling in that linked article how ridiculous the trademark procedures are and how incompetent the USPTO is. Especially when they say it's clear that when the USPTO granted the trademark to Starbucks they didn't know that Yirgacheffe was a geographic region. You tell me: how difficult would it be to google Yirgacheffe and find out it's a geographic region? Probably about as hard as it would be to figure out that "double" means "two" and "shot" is a measurement used in espresso.
Anyway, I've been reading, listening, and trying to understand what's going on with the Ethiopian trademark issues for the past year or so. I'm always leery when anyone starts meddling in intellectual property law. I've had a few theories about why this is happening and what it is leading to. Strong suspicions. And when we were in Minneapolis at the SCAA, I had the chance to ask questions. Isaiah and I were walking around the tradeshow when we found the Ethiopian booth. I walked in, picked up some literature, and stood and waited. Eventually a white man in a suit (everyone in that booth was wearing a suit) came over and asked if he could answer any questions. I told him I wanted to ask about the trademarks and he said he was the guy to talk to. His name is Steve Williams, and he works for Light Years IP, the company that helped Ethiopia obtain their trademarks around the world.
Steve was a great guy. He sort of seemed like a street thug who fell into an Oxford education. Personable, good humored, very intelligent, and long-suffering, he put up with a good half-hour of our questions, assertions, and conspiracy theories. I truly believe that Steve (and probably Light Years IP) wants to do right and thinks the path they've chosen is the right one. But I see only problems.
Here's the deal. Ethiopia has been successful in trademarking the words "Yirgacheffe," "Sidamo," "Harrar," and "Harar." ONLY Ethiopia owns the right to use those words in the United States. It is now illegal for me to sell coffee using those terms, even if that coffee comes from those regions. Ethiopia is now actively pursuing licensing agreements with people down the line, so that we can use their trademarked words to describe our coffee. For instance, if Royal Coffee, one of my brokers, signs the licensing agreement, they can sell Yirgacheffe and call it Yirgacheffe. If I sign the licensing agreement, I can do the same. If we don't sign the licensing agreement, they can't call it that and neither can I. So unless we're speaking in hushed tones behind closed doors, I may not know that the Misty Valley natural Yirgacheffe I just bought is from the Yirgacheffe region of Ethiopia. And I won't be able to tell you what region it's from. Unless I sign the licensing agreement.
The license is free for the first five years. (They'll most certainly institute fees when this term ends.) But it puts Ethiopia in control of the way I advertise, market, and sell my coffees. They have regulations and want to know my numbers - how many, how much. Supposedly they will limit the number of licenses they assign, and currently they have issued 69 or 70. Some of the big boys are already on board. Which is funny because Starbucks, who owned a couple of the trademarks before, is now a licensee. And according to the licensing agreement, they can police the trademarks for Ethiopia and prosecute anyone using the trademarks (like me) without a license. Seems like they did an end-around and got their trademark back.
I had a suspicion that part of the reason this whole thing began was the fault of Starbucks. I figured Ethiopia saw that Starbucks owned the trademark for their territory, and was using that trademarked name to make money selling coffee. And I had a feeling that maybe the coffee in that bag of "Sidamo" may not have been from Sidamo at all, or may not even have been Ethiopian coffee. There's no regulatory or certifying agency that makes sure there's truth in advertising. I'm not saying they did, but there would be nothing stopping Starbucks (or whoever) from selling a bag of coffee they call "Ethiopia Sidamo Gizmo Shmizmo™" even if the beans inside were a blend of Vietnamese coffees. I mentioned this scenario to Steve, and his physical reaction affirmed a lot more than his mouth could sidestep. He did say there were companies using the Ethiopian territory names to sell coffee and only putting a very little amount of coffee from the actual territory in the coffee blend. That may or may not have been Starbucks (but Starbucks did own the Sidamo trademark and were selling the black apron Sidamo coffee for $26 per pound). And one of the obvious stipulations in the licensing agreement is that any coffee labeled as Sidamo, Yirgacheffe or Harrar actually come from that place. I know, I know, my lawyer would strongly advise me not to post this blog. So for the record, I have no evidence that any of the above information about Starbucks is true; it is purely a hypothetical scenario.
So the reason Ethiopia and Light Years IP say they are executing these trademarks is to help the Ethiopian coffee farmers get more money for their coffee. That's interesting. I'm all for that. Sounds good. But when Isaiah and I looked around that tradeshow floor, we didn't see coffee farmers. We saw exporters and heads of coops and administrators. We saw only wealthy Ethiopians. We hear the heads of state saying they want to give more money to the farmers and we see exporters in expensive suits in Minneapolis. (I guess I'm paying my employees too much to be able to afford to buy a suit and fly to Addis Ababa.) So apparently there's already SOME money to be made in coffee in Ethiopia. How do we know that if I give more money to the government of Ethiopia (in licensing fees), it will actually trickle down to the lowly farmer? The farmer has no leverage to "own" the trademark for their territory and charge me licensing fees to use that name. It's up to the government and the people who buy the coffee from the farmers- the coops and the exporters- to pass on that money. When I asked Steve about this, he said of course there are bad people in every industry, every walk of life, but there are also good people who want to do the right thing. And those people will make sure the money gets to the farmer. But I'm not so sure.
I emailed Mark Pendergrast (author of Uncommon Grounds) about Ethiopia, and he asked me if I heard his talk about the human rights abuses in Ethiopia. I didn't, so I asked for more info. He told me to google "Ethiopian human rights abuse," and look at the Human Rights Watch website. Looks like they have the same types of problems in Ethiopia that they do in Kenya. One group is in charge and they do everything they can to keep the other groups from gaining power. It's shameful; you should read the article. Now, I'm not saying this is evidence that the Ethiopian government won't do the right thing and take care of their coffee farmers if this trademark scenario plays out in their favor. But it raises more doubt, doesn't it? It's not like I'm going to go to the SCAA tradeshow next year in Atlanta and run into a farmer from Yirgacheffe and get a chance to ask him how things have changed.
The specialty coffee industry has lately been on a course that is beneficial to coffee farmers. This relates back to what Bill McAlpin (from La Minita) was saying about coffee prices. If you encourage farmers to improve the quality of their crop, keep lots separate, identify exactly where each lot of coffee came from and who grew it, the coffee becomes worth more money. The free flow of information from farm to consumer and back to the farmer creates an economic situation that rewards farmers for producing delicious coffee (and in turn, rewards brokers for finding and identifying these coffees and rewards roasters for roasting and not ruining these coffees and rewards coffee shops for proper brewing and educating customers). The key is an open flow of information. The problem has been that I don't know exactly where some of my coffees come from. And some of them are not just from one farm; they are mixed at the regional mill or auction. These Ethiopian trademarks hide information. They make it illegal for me to tell you where some coffees come from. The new Misty Valley Yirgacheffe will simply become an Ethiopian Misty Valley. Where is that? Doesn't matter to you. Or to me really; I can just buy what tastes good from my broker. I don't have to try and locate the origin and the farmer, or try to figure out how to pay him more money for his coffee. And that's what's going to happen. They're going to make it harder for me to do those things.
Imagine this. I go to Ethiopia someday. I visit the Sidamo region and I find a farmer who (through luck or great farming methods) has produced the most outrageous, amazing coffee I've ever had. I take tons of pictures, buy the coffee for a "fair" price, and come home to share it with you. And I have a slideshow. But I can't tell you where the coffee came from. Can I even show you the pictures? And how long will it be until Ethiopia trademarks their other regional coffee term... Ethiopia™?
Steve (from Light Years IP) tells me this is just the beginning. He thinks most coffee producing countries will follow suit- trademark the regions our coffees come from. Then I won't be able to tell you where any of them were grown.
This trademarking and licensing program probably will end up just like the Fair Trade program. They're no longer selling quality coffee; they're selling the names of their regions. Selling coffee at a base price or a price that includes a licensing fee per pound sold in order to use a marketing term is no different than Fair Trade. And quality will most likely suffer.
I'll still be able to buy these coffees. We just won't be able to advertise where they came from. But I have an idea. I've been thinking about this for a while, and I think it's a good idea, but I'm not sure our legal system allows for it. If we make up new words to use instead of the words that have been taken away from us by Ethiopia, and we publicize these words enough that everyone knows when we say "Disamo" (for instance) we really mean "Sidamo," we can re-invent geographical identification. Why not? They're just words. We could even do some research and find out what Sidamo, Yirgacheffe, and Harrar regions were called before they inherited these names. And go back to the old names.
Until someone trademarks those words and takes them away from us.
I've been asking lawyers about this, and maybe someone out there who reads my blog will know a solution. It seems like our system of intellectual property law ONLY favors selfishness. I can invent a word and trademark it and then police it to make sure no one else uses it. But I want to protect a word in the other direction. I want to protect a made-up word for everyone to use for all times. I want to protect a word so that no one else can tell us we can't use it any more. Is there no way to do that? Everything is MINE MINE MINE!
Maybe there are enough smart people in the coffee industry that we can figure this out. And build community by sharing words. And information. And achieve what we all want: great coffee that rewards the great coffee producer and pays fair wages for labor.
Maybe JRR Tolkien could help.
It's not a secret coffee that you've never heard of. It's not named with words that would be offensive to use in public. And no, it's not named after a top-secret government initiative to monitor the ripeness of coffee cherries using NASA spacecraft. We got trademark problems.
I'm sure you all heard about the efforts of the Ethiopian government to trademark the names of its' coffee territories. It came into the news when Starbucks challenged their trademark application. I think it's telling in that linked article how ridiculous the trademark procedures are and how incompetent the USPTO is. Especially when they say it's clear that when the USPTO granted the trademark to Starbucks they didn't know that Yirgacheffe was a geographic region. You tell me: how difficult would it be to google Yirgacheffe and find out it's a geographic region? Probably about as hard as it would be to figure out that "double" means "two" and "shot" is a measurement used in espresso.
Anyway, I've been reading, listening, and trying to understand what's going on with the Ethiopian trademark issues for the past year or so. I'm always leery when anyone starts meddling in intellectual property law. I've had a few theories about why this is happening and what it is leading to. Strong suspicions. And when we were in Minneapolis at the SCAA, I had the chance to ask questions. Isaiah and I were walking around the tradeshow when we found the Ethiopian booth. I walked in, picked up some literature, and stood and waited. Eventually a white man in a suit (everyone in that booth was wearing a suit) came over and asked if he could answer any questions. I told him I wanted to ask about the trademarks and he said he was the guy to talk to. His name is Steve Williams, and he works for Light Years IP, the company that helped Ethiopia obtain their trademarks around the world.
Steve was a great guy. He sort of seemed like a street thug who fell into an Oxford education. Personable, good humored, very intelligent, and long-suffering, he put up with a good half-hour of our questions, assertions, and conspiracy theories. I truly believe that Steve (and probably Light Years IP) wants to do right and thinks the path they've chosen is the right one. But I see only problems.
Here's the deal. Ethiopia has been successful in trademarking the words "Yirgacheffe," "Sidamo," "Harrar," and "Harar." ONLY Ethiopia owns the right to use those words in the United States. It is now illegal for me to sell coffee using those terms, even if that coffee comes from those regions. Ethiopia is now actively pursuing licensing agreements with people down the line, so that we can use their trademarked words to describe our coffee. For instance, if Royal Coffee, one of my brokers, signs the licensing agreement, they can sell Yirgacheffe and call it Yirgacheffe. If I sign the licensing agreement, I can do the same. If we don't sign the licensing agreement, they can't call it that and neither can I. So unless we're speaking in hushed tones behind closed doors, I may not know that the Misty Valley natural Yirgacheffe I just bought is from the Yirgacheffe region of Ethiopia. And I won't be able to tell you what region it's from. Unless I sign the licensing agreement.
The license is free for the first five years. (They'll most certainly institute fees when this term ends.) But it puts Ethiopia in control of the way I advertise, market, and sell my coffees. They have regulations and want to know my numbers - how many, how much. Supposedly they will limit the number of licenses they assign, and currently they have issued 69 or 70. Some of the big boys are already on board. Which is funny because Starbucks, who owned a couple of the trademarks before, is now a licensee. And according to the licensing agreement, they can police the trademarks for Ethiopia and prosecute anyone using the trademarks (like me) without a license. Seems like they did an end-around and got their trademark back.
I had a suspicion that part of the reason this whole thing began was the fault of Starbucks. I figured Ethiopia saw that Starbucks owned the trademark for their territory, and was using that trademarked name to make money selling coffee. And I had a feeling that maybe the coffee in that bag of "Sidamo" may not have been from Sidamo at all, or may not even have been Ethiopian coffee. There's no regulatory or certifying agency that makes sure there's truth in advertising. I'm not saying they did, but there would be nothing stopping Starbucks (or whoever) from selling a bag of coffee they call "Ethiopia Sidamo Gizmo Shmizmo™" even if the beans inside were a blend of Vietnamese coffees. I mentioned this scenario to Steve, and his physical reaction affirmed a lot more than his mouth could sidestep. He did say there were companies using the Ethiopian territory names to sell coffee and only putting a very little amount of coffee from the actual territory in the coffee blend. That may or may not have been Starbucks (but Starbucks did own the Sidamo trademark and were selling the black apron Sidamo coffee for $26 per pound). And one of the obvious stipulations in the licensing agreement is that any coffee labeled as Sidamo, Yirgacheffe or Harrar actually come from that place. I know, I know, my lawyer would strongly advise me not to post this blog. So for the record, I have no evidence that any of the above information about Starbucks is true; it is purely a hypothetical scenario.
So the reason Ethiopia and Light Years IP say they are executing these trademarks is to help the Ethiopian coffee farmers get more money for their coffee. That's interesting. I'm all for that. Sounds good. But when Isaiah and I looked around that tradeshow floor, we didn't see coffee farmers. We saw exporters and heads of coops and administrators. We saw only wealthy Ethiopians. We hear the heads of state saying they want to give more money to the farmers and we see exporters in expensive suits in Minneapolis. (I guess I'm paying my employees too much to be able to afford to buy a suit and fly to Addis Ababa.) So apparently there's already SOME money to be made in coffee in Ethiopia. How do we know that if I give more money to the government of Ethiopia (in licensing fees), it will actually trickle down to the lowly farmer? The farmer has no leverage to "own" the trademark for their territory and charge me licensing fees to use that name. It's up to the government and the people who buy the coffee from the farmers- the coops and the exporters- to pass on that money. When I asked Steve about this, he said of course there are bad people in every industry, every walk of life, but there are also good people who want to do the right thing. And those people will make sure the money gets to the farmer. But I'm not so sure.
I emailed Mark Pendergrast (author of Uncommon Grounds) about Ethiopia, and he asked me if I heard his talk about the human rights abuses in Ethiopia. I didn't, so I asked for more info. He told me to google "Ethiopian human rights abuse," and look at the Human Rights Watch website. Looks like they have the same types of problems in Ethiopia that they do in Kenya. One group is in charge and they do everything they can to keep the other groups from gaining power. It's shameful; you should read the article. Now, I'm not saying this is evidence that the Ethiopian government won't do the right thing and take care of their coffee farmers if this trademark scenario plays out in their favor. But it raises more doubt, doesn't it? It's not like I'm going to go to the SCAA tradeshow next year in Atlanta and run into a farmer from Yirgacheffe and get a chance to ask him how things have changed.
The specialty coffee industry has lately been on a course that is beneficial to coffee farmers. This relates back to what Bill McAlpin (from La Minita) was saying about coffee prices. If you encourage farmers to improve the quality of their crop, keep lots separate, identify exactly where each lot of coffee came from and who grew it, the coffee becomes worth more money. The free flow of information from farm to consumer and back to the farmer creates an economic situation that rewards farmers for producing delicious coffee (and in turn, rewards brokers for finding and identifying these coffees and rewards roasters for roasting and not ruining these coffees and rewards coffee shops for proper brewing and educating customers). The key is an open flow of information. The problem has been that I don't know exactly where some of my coffees come from. And some of them are not just from one farm; they are mixed at the regional mill or auction. These Ethiopian trademarks hide information. They make it illegal for me to tell you where some coffees come from. The new Misty Valley Yirgacheffe will simply become an Ethiopian Misty Valley. Where is that? Doesn't matter to you. Or to me really; I can just buy what tastes good from my broker. I don't have to try and locate the origin and the farmer, or try to figure out how to pay him more money for his coffee. And that's what's going to happen. They're going to make it harder for me to do those things.
Imagine this. I go to Ethiopia someday. I visit the Sidamo region and I find a farmer who (through luck or great farming methods) has produced the most outrageous, amazing coffee I've ever had. I take tons of pictures, buy the coffee for a "fair" price, and come home to share it with you. And I have a slideshow. But I can't tell you where the coffee came from. Can I even show you the pictures? And how long will it be until Ethiopia trademarks their other regional coffee term... Ethiopia™?
Steve (from Light Years IP) tells me this is just the beginning. He thinks most coffee producing countries will follow suit- trademark the regions our coffees come from. Then I won't be able to tell you where any of them were grown.
This trademarking and licensing program probably will end up just like the Fair Trade program. They're no longer selling quality coffee; they're selling the names of their regions. Selling coffee at a base price or a price that includes a licensing fee per pound sold in order to use a marketing term is no different than Fair Trade. And quality will most likely suffer.
I'll still be able to buy these coffees. We just won't be able to advertise where they came from. But I have an idea. I've been thinking about this for a while, and I think it's a good idea, but I'm not sure our legal system allows for it. If we make up new words to use instead of the words that have been taken away from us by Ethiopia, and we publicize these words enough that everyone knows when we say "Disamo" (for instance) we really mean "Sidamo," we can re-invent geographical identification. Why not? They're just words. We could even do some research and find out what Sidamo, Yirgacheffe, and Harrar regions were called before they inherited these names. And go back to the old names.
Until someone trademarks those words and takes them away from us.
I've been asking lawyers about this, and maybe someone out there who reads my blog will know a solution. It seems like our system of intellectual property law ONLY favors selfishness. I can invent a word and trademark it and then police it to make sure no one else uses it. But I want to protect a word in the other direction. I want to protect a made-up word for everyone to use for all times. I want to protect a word so that no one else can tell us we can't use it any more. Is there no way to do that? Everything is MINE MINE MINE!
Maybe there are enough smart people in the coffee industry that we can figure this out. And build community by sharing words. And information. And achieve what we all want: great coffee that rewards the great coffee producer and pays fair wages for labor.
Maybe JRR Tolkien could help.


