Starbucks goes after pub for 'Frappicino beer"; pub sends $6, hilarious response

By Emma Lacey-Bordeaux and Dave Alsup

CNN

(CNN) - You've probably heard this one before: Little guy gets too close to a trademark held by a big company. Big company threatens legal action. Little guy backs off.

But have you heard the one where the small business owner responds to a cease and desist order from Starbucks with a satirical letter and a check for $6?

At issue: A craft beer called "Frappicino."

But we're getting ahead of ourselves. Let's start at the beginning.

Jeff Briton owns the Exit 6 Pub and Brewery in Cottleville, Missouri. He has for two and a half years. The place isn't a fancy gastro pub, in fact, it doesn't even have a kitchen.

It does one thing and does it well: serve craft beer seven days a week, starting at 4 p.m.

Last January, Briton mixed two of his creations together: A vanilla creme and a chocolate coffee ale.

The result, according to a customer, tasted a whole lot like a certain blended coffee ice beverage served at the more than 5,500 Starbucks locations worldwide.

The customer wrote about the creation on a beer website, Un Tapped, and called it a "Frappicino" -- one letter off from the Starbucks trademarked name.

Fast forward 11 months.

Last week, Briton received a letter from Starbucks' lawyers, asking him to stop using the name.

"The FRAPPICINO mark only differs from Starbucks Coffee Co.'s FRAPPUCCINO mark by one letter," the letter said, "and is phonetically identical."

The bar's use of the name would cause "confusion" among buyers, it added.

The message was clear: you violated our trademark. Stop.

But in the black and white legalese, Briton saw an opportunity.

"This huge law firm sends me this letter," Briton told CNN on Monday night. "How many hours did that lawyer have to spend in sending that out?"

Briton says he reckons that Starbucks spent more in law firm billable hours than he made in the entire month of December.

In other words, Briton felt he had to respond.

Addressing his response to the lawyer and "Mr. Bucks," he referred to the offending beverage and trademark as "The F Word" so as to fend of further litigation risk.

"It has recently come to the Exit 6 Pub and Brewerys attention that there were 3 check ins to the beer with a very similar name to the "F Word". Unfortunately it was only similar to the F Word because we meant to call it the same thing. Lucky for us, we're poor spelers."

"We just feel awful about calling a beer the F Word," the letter went on. "We are bad people. We feel shame."

And while Briton wrote that he would stop calling the beer "The F Word," he also wanted to reassure Mr. Bucks that he and his customers meant no harm.

"I guess that with there being a Starbucks on every corner of every block in every city that some people may think they could get a Starbucks at a local bar," he wrote. "So that was our mistake."

Briton said he wanted to make amends.

So, in an effort to "remain in good standings," he included a check for the "full amount of profit gained" from sales of the offending brew.

Total number of beers sold: three. The check to Starbucks: $6.

People love stories about little guys standing up to corporations with big pockets. And soon, Briton's story was splashed all over mainstream media.

"Even someone very inebriated should not find coffee and beer to be confusingly similar," wrote Mike Sandburg on the bar's Facebook page.

Added Mindy Schildroth: "I think you should name your next beer Six Bucks!"

And Martin Lawler said he'd fly from Oakhurst, California, just to order the beer. "And I don't like stouts!!"

Laurel Harper, a manager for Starbucks communication, told CNN the request her company sent to Briton was "respectful."

"Just like many business, trademark law requires all companies, including Starbucks, to consistently protect its brand," she said via e-mail. "We always prefer to resolve trademark disputes informally and amicably whenever possible, and we appreciate Exit 6 Pub and Brewery respecting our request to avoid confusion among customers."

Harper told CNN she hadn't heard about Briton's check. She said Starbucks wouldn't be cashing it.

The experience prompted Briton to stop producing another beer, he said tongue planted firmly in cheek:

The "Starbuck-McDonalds-Coca Cola-Marlboro Honey Lager."

Article on CNN.com

Molina Considers A Move To Downtown Detroit

Molina Healthcare of Michigan may go from suburban living to city dwelling.

The state's third-largest Medicaid HMO, which has about 60,000 square feet in the two-building Liberty Center office complex at Big Beaver and Livernois roads in Troy, is exploring a relocation of its 300 employees to downtown Detroit, according to real estate sources.

One of Molina's top downtown prospects is the 415,000-square-foot Detroit Media Partnership building, home of The Detroit News and Detroit Free Press. The DMP announced in January that it would sell the building and move its 600 employees to another downtown location by next summer.

Southfield also is a possibility.

"We are considering our options. We have not decided where to locate," said Stephen Harris, CEO of Molina Healthcare of Michigan.

Molina's lease expires on Aug. 31, according to Washington, D.C.-based real estate information service CoStar Group Inc. The 139,000-square-foot building at 100 W. Big Beaver is 97 percent leased, according to CoStar.

A Molina move downtown would put it near one of its chief competitors, Detroit-based Meridian Health Plan of Michigan, which plans to move into a new, $111-million office building, construction on which is expected to begin by early 2015. Meridian would move in by early 2017.

The 320,000-square-foot Meridian building would be across from Compuware Corp. headquarters on the Monroe Block, bounded by Monroe, Bates and Farmer streets; Woodward Avenue; and Cadillac Square, less than a mile from the DMP building.

Molina is among the top Medicaid HMO plans in Michigan in terms of enrollment. The top three are Meridian, with about 295,000 members; United Healthcare Community Plan, with about 243,000; and Molina, with about 214,000, according to the 2012 Michigan Health Market Review.

Built in 1988, 100 W. Big Beaver is leasing for $21 a square foot, according to the website of Farmington Hills-based Thomas A. Duke Co., a part owner of the Liberty Center.

San Diego-based McKinney Advisory Group hired Bloomfield Hills-based Forum Group LLC to represent Molina locally.

Tom Lasky, the founding member of Forum Group, who is representing Molina, declined to comment.

"Our lease is up. We are trying to get to a decision as quickly as possible."

Judge Clears Way For Detroit Bankruptcy

Detroit is eligible to shed billions in debt in the largest public bankruptcy in U.S. history, a judge said Tuesday in a long-awaited decision that now shifts the case toward how the city will accomplish that task.

Judge Steven Rhodes turned down objections from unions, pension funds and retirees, which, like other creditors, could lose under any plan to solve $18 billion in long-term liabilities.

But that plan isn't on the judge's desk yet. The issue for Rhodes, who presided over a nine-day trial, was whether Detroit met specific conditions under federal law to stay in bankruptcy court and turn its finances around after years of mismanagement, chronic population loss and collapse of the middle class.

The city has argued that it needs bankruptcy protection for the sake of beleaguered residents suffering from poor services such as slow to nonexistent police response, darkened streetlights and erratic garbage pickup — a concern mentioned by the judge during the trial.

Before the July filing, nearly 40 cents of every dollar collected by Detroit was used to pay debt, a figure that could rise to 65 cents without relief through bankruptcy, according to the city.

"The status quo is unacceptable," emergency manager Kevyn Orr testified.

Announcing his decision, Rhodes said Detroit has a proud history.

"The city of Detroit was once a hard-working, diverse, vital city, the home of the automobile industry, proud of its nickname the Motor City," he said.

But he then recited a laundry list of Detroit's warts: double-digit unemployment, "catastrophic" debt deals, thousands of vacant homes, dilapidated public safety vehicles and waves of population loss.

Detroit no longer has the resources to provide critical services, the judge said, adding: "The city needs help."

Rhodes' decision is a critical milestone. He said pensions, like any contract, can be cut, adding that a provision in the Michigan Constitution protecting public pensions isn't a bulletproof shield in a bankruptcy.

The city says pension funds are short by $3.5 billion. Anxious retirees drawing less than $20,000 a year have appeared in court and put an anguished face on the case. Despite his finding, Rhodes cautioned everyone that he won't automatically approve pension cuts that could be part of Detroit's eventual plan to get out of bankruptcy.

There are other wrinkles. Art possibly worth billions at the Detroit Institute of Arts could be part of a solution for creditors, as well as the sale of a water department that serves much of southeastern Michigan. Orr offered just pennies on every dollar owed during meetings with creditors before bankruptcy.

Behind closed doors, mediators, led by another judge, have been meeting with Orr's team and creditors for weeks to explore possible settlements.

Much of the trial, which ended Nov. 8, focused on whether Orr's team had "good-faith" negotiations with creditors before the filing, a key step for a local government to be eligible for Chapter 9. Orr said four weeks were plenty, but unions and pension funds said there never were serious across-the-table talks.

"The governor took more time to interview the consultants to help the city with restructuring than they took to negotiate the restructuring itself. That's absurd," attorney Sharon Levine, representing AFSCME, said at trial.

"The governor took more time to interview the consultants to help the city with restructuring than they took to negotiate the restructuring itself. That's absurd," attorney Sharon Levine, representing AFSCME, said at trial.

An appeal of Rhodes' decision is a certainty. Opponents want to go directly to a federal appeals court in Cincinnati, bypassing the usual procedure of having a U.S. District Court judge hear the case.

Orr, a bankruptcy expert, was appointed in March under a Michigan law that allows a governor to send a manager to distressed cities, townships or school districts. A manager has extraordinary powers to reshape local finances without interference from elected officials. But by July, Orr and Gov. Rick Snyder decided bankruptcy was Detroit's best option.

Detroit, a manufacturing hub that offered good-paying, blue-collar jobs, peaked at 1.8 million residents in 1950 but has lost more than a million since then. Tax revenue in a city that is larger in square miles than Manhattan, Boston and San Francisco combined can't reliably cover pensions, retiree health insurance and buckets of debt sold to keep the budget afloat.

Donors have written checks for new police cars and ambulances. A new agency has been created to revive tens of thousands of streetlights that are dim or simply broken after years of vandalism and mismanagement.

While downtown and Midtown are experiencing a rebirth, even apartments with few vacancies, many traditional neighborhoods are scarred with blight and burned-out bungalows.

Besides financial challenges, Detroit has an unflattering reputation as a dangerous place. In early November, five people were killed in two unrelated shootings just a few days apart. Police Chief James Craig, who arrived last summer, said he was almost carjacked in an unmarked car.

The case occurs at a time of a historic political transition. Former hospital executive Mike Duggan takes over as mayor in January, the third mayor since Kwame Kilpatrick quit in a scandal in 2008 and the first white mayor in largely black Detroit since the 1970s.

Orr, the emergency manager, is in charge at least through next fall, although he's expected to give Duggan more of a role at city hall than the current mayor, Dave Bing, who has little influence in daily operations.

Win One For The Gipper: Coaching Legend 81 Years Old Ends 57 Coaching Career On Top

Al Fracassa is going out on top.

The coaching legend ended his 57-year career Friday with another Michigan High School Athletic Association Division 2 state championship, as Birmingham Brother Rice defeated Muskegon, 38-21.

It is the third consecutive championship for the Warriors and Fracassa's ninth as coach.

"I wish I was young enough to coach some more," said Fracassa, 81, whose career record is 386-98-2. "When you love something so much, it's hard to leave."

Junior quarterback Alex Malzone had a hand in all five touchdowns. He completed 20-of-24 passes for 263 yards and four touchdowns and ran for another.

"They blitzed a lot, and our offensive line picked them up," Malzone said. "Obviously, our receivers made some great plays."

"I'm going to have to go back and re-evaluate what we're doing in the championship games," Big Reds coach Shane Fairfield said. "It must be something that I'm doing wrong in preparing for these championship games."
Muskegon quarterback Deshaun Thrower had 22 carries for 128 yards and two touchdowns and threw for 183 yards and a touchdown.

Malzone's 18-yard TD pass to Grant Perry with 1:07 remaining in the first half broke a tie and gave Brother Rice the lead for good, 21-14. Perry also caught another touchdown pass among his five catch, 91-yard day.

The Warriors broke the game open with 10 points in less than a minute early in the fourth quarter to take a 31-14 lead.

Jason Alessi kicked a 36-yard field goal on the first play of the fourth. After the kickoff, Thrower fumbled on a third-and-6 play and Brother Rice's Shaun Jones Jr. recovered at Muskegon's 21-yard-line.

Malzone then hit Corey Lacanaria for a 21-yard touchdown pass on the next play.

New owners of Macomb Mall to begin renovations by razing empty building

Lormax Stern Development Co. has received approval from the Roseville City Council to demolish a vacant building at Macomb Mall, which the company bought earlier this year.

Demolition of the 127,000-square-foot building, which once was a Value City store, will begin in the next 10 to 14 days.

The demolition is the beginning of a multiphase mall renovation by Lormax Stern, the mall's owner, said Karl Zarbo, director of operations for the West Bloomfield Township-based company.

Zarbo today denied media reports over the weekend that the Value City building demolition was part of $8.4 million in renovations planned at Macomb Mall. He would not say what would be built on the site of the demolished building.

"Everything else you're reading in the news is very premature," said Zarbo.

More details on the renovations should be announced in the next 30 days, he said.
Lormax Stern purchased Macomb Mall from 32233 Gratiot Avenue Holdings LLC in May for an undisclosed price.

The mall was built in 1964 and is home to about 90 specialty stores and anchors, such as Kohl's, Sears, Old Navy and Babies "R" Us.

The Michigan Economic Development Corporation sues North Branch company to stop use of Pure Michigan trademark

The Michigan Economic Development Corporation is asking a judge to stop a Lapeer County real estate company from using its Pure Michigan trademark in a federal lawsuit filed in Detroit.

The lawsuit was filed Thursday, Nov. 21, in Detroit U.S. District Court after the state claims Pure Michigan Real Estate Inc. began operating in North Branch earlier this year.

The company made several requests between Feb. 15 and Sept. 3 to collaborate with the MEDC and use the Pure Michigan trademark, but the MEDC denies the requests for collaboration and has not licensed or authorized the company to use the Pure Michigan name, according to the lawsuit.

Mark Gillim, a representative with Pure Michigan Real Estate said that his company reached out to the MEDC for assistance after it submitted its articles of incorporation to the state in February. He said he received a cease and desist letter seven months later from the MEDC.

State records show that Pure Michigan Real Estate was registered as a real estate broker company in March. Gillim said the goal of the company is to become a statewide real estate agency focusing on personal protection planning and community restoration.

"These type of actions by a state-funded organization cause great concern," Gillim said in an email to The Flint Journal. "If there was a problem moving forward with our name and website the State of Michigan / MEDC should have addressed that before misleading us and providing a corporate ID, broker licenses, information and support."

Gillim is not a registered real estate agent, according to state records. However, his father, Gary Gillim, is a registered real estate agent and is listed in state records as an employee of the company. Gary Gillim could not be reached for comment.

The MEDC claims it never gave permission for the company to use the Pure Michigan trademark in its business name. The company has also registered a website with the Pure Michigan name as well as a Facebook page.


"The overwhelming success of Pure Michigan campaigns has brought positive attention to Michigan since its inception in 2006, said MEDC's communication director Michael Shore. "MEDC has never authorized any business to use Pure Michigan in its name."



However, a state business listing search reveals dozens of corporations using the Pure Michigan name. Federal court records do not show any similar federal lawsuit filed against those businesses.
"They're picking winners and losers," Gillim said of the MEDC.

Shore declined to comment on the specifics of the lawsuit, citing the pending litigation.

The MEDC claims that it began using the Pure Michigan campaign to promote tourism within the state as early as May 2006. Print and broadcast advertising using the Pure Michigan trademark has been deployed extensively in the state and nationwide by the MEDC, according to the lawsuit.

Shore said that the MEDC encourages businesses to use the Pure Michigan logo but the lawsuit claims the business' name is likely to cause confusion or deception that the real estate services offered by the business were authorized by the MEDC when in fact they were not.

"We encourage the use of the Pure Michigan logo by Michigan businesses and welcome their use of the Pure Michigan logo in their marketing efforts," Shore said. "Currently, there are more than 450 approved uses of the Pure Michigan logo for Michigan businesses across a broad range of industries and sectors."

The MEDC is asking the court to force the company to stop using the Pure Michigan name, turn over its Internet domain and Facebook page, surrender any profits it made from using the Pure Michigan trademark and other unspecified damages.

The business has not yet filed its response to the lawsuit, but Gillim said the business is researching its response to the allegations.

"Our company was established through the proper regulatory departments in the state of Michigan, now we have a non-regulatory arm of the government creating confusion and misleading the public," Gillim said.

Troy, Michigan could condemn property for new transit center if Grand Sakwa rejects $500K offer

Troy, Michigan is considering condemning property occupied by its newly built transit center if a deal to buy the land can’t be reached after the state Supreme Court refused to consider an appeal by the city.

The City of Troy built a Transit Center on land, that has been ruled by a court of law, they don't own.

Troy Transit Center

The city of Troy has offered to buy the land for $550,000, one of few options left in its legal fight with developer Grand Sakwa Properties.

A state Supreme Court issued a ruling Tuesday declining to hear the case involving the city and the Farmington Hills-based Grand Sakwa, which donated the land to the city with the condition the city secure funding for the transit center by 2010.

A court ruling in May said the city failed to meet that June 2010 deadline, so ownership of the land reverted to Grand Sakwa. The city sued to retain rights to the land, which was resolved in the state Supreme Court decision.

The $6.3 million multi-modal transit center sits on the border between Troy and Birmingham in the back of a shopping center developed by Grand Sakwa.

Former Troy Mayor, Janice Daniels

On Monday, the Troy City Council voted to offer Grand Sakwa $550,000 for the property, Grigg Bluhm said. If the offer isn’t accepted, the city could vote to authorize condemnation of the property, she said.

Troy partnered with Birmingham on the transit project in 2000 when Grand Sakwa donated the land with the conditions.

The center, which figured in the recall of former Mayor Janice Daniels last year, was funded by a federal grant.

The transit center became one of the most controversial issues during Daniels' one-year stint as mayor. She led a majority on the City Council that rejected $8.4 million in federal funding for the project in late 2011; a slimmed-down version of the project won council approval in January 2012.

The 28,000-square-foot facility replaces the Amtrak station off Michigan Avenue. Birmingham, which has a free-standing bus enclosure at the Amtrak rail station, left the project in April 2011 after talks to buy land next to the CN Railway tracks failed.

Taxpayer Money Spent On Transit Center On Land That The City Of Troy, Michigan Does Not Own

Officials in Troy, Michigan will be discussing their next course of action after the Michigan Court of Appeals ruled that the city doesn’t own land where a new transit center is being built and the Michigan Supreme Court refused to hear the case.

The court  ruled in favor of developer Grand Sakwa Properties, saying the city failed get the project funded within the 10-year deadline set when the developer donated the land for the project.

According to court documents, Grand Sakwa Properties donated 2.7-acres of the total 77-acres it owns near Maple and Coolidge to the city on the condition that Troy would develop the land for use as a transportation center. Per their agreement, the city of Troy had 10 years from June 22, 2001 to secure funding for the center, which according to the lawsuit never happened.

Former Troy Michigan Mayor
Janice Daniels

“The next steps are unclear, because the City of Troy built this transit center on a parcel of land it does not own now and has never owned,” Grand/Sakwa Properties spokesman Mort Meisner told The MBNG News. 

One option would have the city paying for the property. Another option allows the city to appeal to the Michigan Supreme Court.

The 2,000-square-foot transit center was billed as a hub for new high-speed Amtrak trains. Groundbreaking for the project was held last November.

The transit center was at the center of a recall vote against then-mayor Janice Daniels, who was outspokenly against the project. 

Stores open early on Thanksgiving but shoppers in no rush

Some early U.S. shoppers headed to stores on Thanksgiving Day in search of discounted holiday gifts on a day long reserved for American families to bond over turkey and football.

Kmart, Old Navy and Lord & Taylor were some of the stores that opened their doors on Thursday morning, as each company did last year. Macy's Inc and a slew of other stores are opening later on Thanksgiving for the first time ever in a bare-knuckle brawl for a bigger slice of holiday sales.

With six fewer shopping days this year than in 2012, retailers who reap nearly half of annual profits during the winter holiday season are nibbling away at the Thanksgiving holiday. But early visits to the stores by Reuters showed sparse crowds - a sign that not all U.S. shoppers are keen to open their wallets so quickly.

A Walmart store in Woodbridge, New Jersey, was virtually empty at 2:30 p.m., with store associates outnumbering shoppers.


The National Retail Federation expects up to 140 million shoppers to hit U.S. stores over the Thanksgiving weekend, slightly more than the 139 million who turned out last year.

But many forecasters expect overall sales growth to be tepid in a season plagued by shaky consumer confidence and given that there are few fashion must-haves.

Many consumers were also shopping online on Thursday. A report by IBM Digital Analytics Benchmark at 3 p.m. Eastern Time showed overall Thanksgiving online sales up 9.4 percent in 2013 over the same period last year.

"Thanksgiving is the fastest growing day for e-commerce during the holiday season," said Andrew Lipsman, comScore's vice president of marketing and insights. "There is a broader cultural norm where people feel it's OK to shop on Thanksgiving."

Nilka Gomez, 38, a stay-at-home mom who lives in the Washington Heights neighborhood of New York, decided to cut back on spending this season to about $500 from $2,000 last year after losing her job.

"There will be no electronics this year," said Gomez, adding that she also plans to visit a Wal-Mart store on Thanksgiving.

Some say retailers' fortunes depend a lot more on wealthier shoppers who have benefited from rising share and home prices this year.

"There are two sides to the story. If you look at households with over $100,000 of income, those folks are going to spend twice as much as people of incomes under $100,000," said FTI Consulting's Steve Coulombe.

Harshad Shah, a 70-year-old real estate investor based in New York, is one of them.

"We are more upbeat this year," said Shah, while shopping at Lord & Taylor in Manhattan with his granddaughter Eva Luskey on Thursday. "There is a general sense that the economy is better. You see the stock market is doing better. Hopefully your stock portfolio is making a few more bucks."

With "Black Friday" deals being offered before Thanksgiving tables were even set on Thursday, some were criticizing the retail industry's approach. Critics circulated online petitions, and a handful of franchise owners said they had defied corporate orders by keeping their stores closed.

Target Corp, Best Buy Co Inc and Toys R Us are opening earlier on Thursday than they did last year. Many Wal-Mart Stores Inc U.S. locations will be open all day, with Thanksgiving specials offered beginning at 6 p.m.

Department store chains Kohl's Corp, J.C. Penney Co Inc, Macy's all announced earlier this year they would open on Thanksgiving Day for the first time ever.

"The ones that are opening earlier are going to get more sales, but in the end, I don't think the overall pie gets any bigger. It's just a share gain," said Brian Yarbrough, a retail analyst with Edward Jones.

He also estimates that overall sales for November and December will be up 2.8 percent. That is more conservative than the 3.9 percent jump forecast by the National Retail Federation. The profit on those extra sales will depend on whether the eye-catching doorbuster sale prices are margin-squeezing loss leaders, analysts said.

At Macy's flagship store in New York City, five hundred employees will be working on Thanksgiving Day. The store, one of the Big Apple's most visited tourist sites, will be open for 26 straight hours, starting on Thursday at 8 p.m. EST.

A worker at Kmart in Manhattan said she had volunteered to work in order to earn extra money. Kmart workers are getting time and a half for the hours they week on Thanksgiving, Sears spokesman Howard Riefs said.


Black Friday is still is predicted by ShopperTrak to be this year's biggest day of the season for sales and traffic.

State Supreme Court denies Troy transit center appeal; city to offer Grand/Sakwa $550,000 for land

Troy officials expect to present an offer today to reacquire the city's transit center site from Farmington Hills-based Grand/Sakwa Properties LLC for $550,000 after the Michigan Supreme Court turned away its latest appeal in the long-running land dispute.

The high court this week denied Troy's application for leave to appeal a May decision that the 2.7 acres of the transit center property had reverted from city ownership to Grand/Sakwa. 

Monday night, the Troy City Council authorized City Attorney Lori Grigg Bluhm to offer $550,000 after obtaining appraisals on the site — and to pursue condemnation should the developer reject that offer. Bluhm said today the city expects to present the offer today, but the company would likely need some time to review and respond to it.

ary Sakwa, co-founder and managing partner of Grand/Sakwa, did not immediately return phone calls seeking comment. Alan Greene, partner at Dykema Gossett PLLC and attorney for Grand/Sakwa, also could not be immediately reached.

At issue is an agreement for Grand/Sakwa to transfer title in 2001 on 2.7 acres near Maple Road and Coolidge Highway, where most of the transit center construction has been taking place. 

The terms of that sale called for the land to revert to Grand/Sakwa in 10 years if the city hadn't funded a transit center project by then; the city and company had conflicting definitions in court of what that term meant once the deadline came.

Bluhm said the city obtained permission from the Federal Transit Administration earlier today to add the acquisition cost to its budget for the transit center. The FTA previously authorized $1.6 million in funding toward the transit center cost.

"We're about ready to go forward (with the offer). As of just a few minutes ago, today, we've got permission to go ahead with submitting that expense, since all federal funding for the project comes on a reimbursement basis," she said.

The city hopes to get a response from Grand/Sakwa by early December, Bluhm said. Grand/Sakwa agreed to sell a portion of its 77-acre development for $1 more than a decade ago to develop the transit center, which broke ground last November. 

Troy and neighboring Birmingham had secured several funding commitments from federal and other sources for the center, with a preliminary estimated cost of about $8.5 million, which the City Council reduced in 2012 to about $6.4 million. 

Birmingham withdrew from the project in 2011. Grand/Sakwa contended that the project didn't reach full funding in time, as the consent judgment requires, and sought to revert the property. 

A three-judge appellate panel overturned the Circuit Court and ruled in Grand/Sakwa's favor last May, prompting Troy to ask the Supreme Court to review it, but the high court is not legally obligated to hear the case.

Mark Miller, director of economic and community development for Troy, and Bluhm both said the transit center construction was substantially completed earlier this year except for a minor "punch list" of modifications. But the city is still finalizing a lease agreement for the National Railroad Passenger Corp., or Amtrak, to service the transit center.

Heidelberg Project "House Of Soul" Gone

Another piece of Detroit’s famed Heidelberg Project has been destroyed.

Fire completely ravaged the “House of Soul” on Elba Street Tuesday morning.

The house is located about a block away from the project’s main area on Heidelberg Street, near Mt. Elliot Street and Mack Avenue on the city’s east side.

Reports from the scene state that the "House of Soul" which was covered in old vinyl albums, is completely gone — burned down to nothing but cinders.


A cause of the fire remains under investigation, although arson is suspected.

Michigan Business Networking Group 2013 Fall Networking Mixer

The Michigan Business Networking Group is hosting its next Networking Mixer on Wednesday, November 13th at Dick O' Dows in Birmingham (160 West Maple Rd) from 7 to 9 PM. On behalf of the Michigan Business Networking Group, we would like to extend you and your team an invitation to this event. This event starts with networking from 7pm to 7:30 followed by a Whiskey / Scotch Tasting with an educational history lesson on the evolution of Whiskey and Scotch. 

Due to the limitation of pours, we must limit this event to the first 50 paid attendees. Also included will be appetizers and a qualified group of business owners and professionals to network with. 

The event is cancer fundraiser for Susan Tabar and 100% of the proceeds will go to cover medical / health expenses that are not covered by her insurance. ONLY THE FIRST 50 TICKET HOLDERS CAN GET IN. ORDER YOUR TICKET BY: Clicking here to purchase your tickets to this exclusive event.
 Come and join all of us to help raise money for our friend Susan who is battling Multiple-Myeloma Cancer and a rare blood disorder called Amyloidosis. Susan’s best option was a stem-cell transplant that she prepared 7 months for with chemo only to be denied by her insurance a week before her stem cell transplant procedure. Her treatment was scheduled for May and she has been in limbo since. We are trying to raise funds for Susan to get alternative treatments to save her life and quality of life. These alternative treatments are also not covered by insurance 

IF YOU CANNOT ATTEND, PLEASE CONSIDER DONATING TO THIS WORTHY CAUSE FOR OUR DEAR FRIEND, SUSAN. 

Mail to: Susan Tabar c/o MICHIGAN BUSINESS NETWORKING GROUP PO Box 406 Birmingham, MI 48012

The Michigan Business Networking Group Website

Dan Gilbert And Friends Offer Free Wireless Internet For Downtown Detroit.

The next time you’re in downtown Detroit’s Campus Martius or Cadillac Square parks with your laptop, tablet, phone or phablet, you will be able to connect to a free wireless internet network called “Opportunity Detroit.”

Opportunity Detroit is the name of a marketing effort for the city led by Rock Ventures, the umbrella company of Quicken Loans founder and Chairman Dan Gilbert.

Rock Ventures’ real estate arm, Bedrock Real Estate Services, is sponsoring the free Wi-Fi in the city’s core, along with Southfield-based tech firm 123.Net.

The wireless connection will also be available in the lobbies of Rock Ventures’ adjacent buildings; the First National Building, Chase Tower and the 1001 Woodward Building.

Rock Ventures now owns or controls about 40 buildings and some 8 million square feet of real estate in downtown Detroit. With its 80 affiliated companies, Rock Ventures now employs 11,500 people in downtown Detroit, and about 15,000 employees nationwide.

“This is an effort to activate the streets and bring people to downtown Detroit to live, work, and play,” a company spokeswoman said in an e-mail.

Jim Leyland Out As Manager For The Detroit Tigers

WJR Radio 760 Am Radio in Detroit is reporting that Tigers Manager Jim Leyland is quitting the team and press conference is scheduled for later this morning.

Reports also state Leyland told the team after the game 6 loss that he was done and it was time for a fresh face to lead the team.

Leyland, 68, made the announcement Monday morning.

Leyland has been Tiger manager since 2006, taking over for Alan Trammell. Leyland has headed Detroit to two Worlds Series appearances and four American League Championship Series appearances, including the last three.

He is a three-time Manager of the Year winner, twice in the NL with Pittsburgh in 1990 and 1992 and with Detroit in 2006.

His career win-loss record is 1,757-1,711. In eight seasons with Detroit, his overall record is 700-597.

Facebook Down Worldwide - A World Without A Status Update

Users across the planet were complaining about not being able to update their Facebook status due to problems on the social media platform.

It's unclear how widespread the issue it or how long it had been going on put people turned to the other huge social media platform, Twitter, to complain about the issue.

Users from Australia to the United States noted problems updating their so-called Facebook Walls.

Some updates were sporadically going through the Facebook system but were not hitting the user's wall.

Facebook had not issued a statement yet.

Wall Streeters Are Passing Around This Awful Email A Wisconsin Student Sent To A Recruiter

A student at the University of Wisconsin — Milwaukee is making waves in the financial world for all the wrong reasons after an awful email he sent to a recruiter is going viral.

The email — originally posted on BroBible — is a cringeworthy read in which the student reminds the recruiter about a zit he had when they met and reveals his fears about how a high-pressure job may affect his love life.

No update yet as to whether he landed his dream accounting job. We're skeptical someone would be dumb enough to send this but here's the full email from BroBible:

Subject: Question

Hey REDACTED,

We talked a couple weeks back at the UW-Milwaukee accounting night. (I was the one looking for equity research positions and had a zit on my lip that could have passed for a cold sore. Lol. Whew. It was not. You're probably like, "uh.. What?" Maybe that helps you recall, maybe not. Not completely important, I suppose.

Anyways, if you have a chance here is my question: (background first) I interviewed with BDO and Baker Tilly today, two firms that seem like good places to work, I believe they don't kill you like a big 4. Tomorrow I have an interview with Deloitte :O somewhere I thought I've always wanted to work. Obviously I don't have an offer so this is all hypothetical thinking, but if I get the job, the reality of the situation is that I'm getting old. 25. I know you can't force love and I know it just comes when you're not looking, but would working for a big four completely squash any possibilities for potential relationships if one came along? Is working for a big four a potential career - love trade off? I mean, I like money(as do most females) but love is...great :) What are your thoughts?

Thanks!

REDACTED

Sent from my iPhone

WARNING: Text Message Marketing (SMS) Is Now “Illegal”

Okay, so maybe it isn’t “illegal”, but if you’re doing it wrong could cost you as much as $1,500 in fines, per text.

Yes, you read that correctly…$1,500 PER TEXT!!!

As of October 16, 2013, marketers who have not gained prior written consent from consumers to send them SMS marketing messages will potentially face fines of up to $1,500 per unsolicited message under the new TCPA guidelines.

In other words, if your current SMS strategy uses longer texts that may carry over to two different messages per user, this could get VERY pricey … that is, if you don’t adhere to the new rules.

Keep in mind — these guidelines impact not only every new opt-in that a marketer acquires, but also the existing names in their databases. Yes, your SMS opt-ins need to opt-in again. Otherwise, you could face a hefty class action lawsuit.

A quick look at the rules

We STRONGLY encourage you to review the updated rules, so you don’t find yourself out of compliance with the FCC. But, here’s a quick overview.

For ALL new text subscribers, you will need to adhere to the following:

1. You now need express written and signed consent from all opt-ins to receive text correspondences from your company.
2. Correspondence must state “consent to get texts not required OR condition of purchase.”
3. Provide opt-out and help instructions.
4. Indicate frequency of texts.
5. Indicate that messages may come from autodialers/senders.
6. Disclosure of possible carrier costs and fees.
7. If directing to a landing page, any check box fields MUST be left unchecked.
8. Content sent must match that requested by the initial opt-in.

Additionally, for all members of your current database, you will need to:

1. Get new consent from ALL who did not do so previously.
2. Share disclosure.
3. Send a compliant text to re-establish opt-in.

How should you handle this?

When addressing these changes with your text recipients, it’s important to present the information in a way that conveys the point about opting in, without clouding the key messaging. In this case, it means explaining that you need their opt-in again, while reiterating your value proposition so they WANT to stay onboard.

First, let’s start out with what not to do. Take, for example, this text series from Redbox, a major video rental outlet:

 On paper, based on what the FCC deems “best practices” for SMS marketing, this message IS compliant.

It covers the opt-in (or re-opt-in), provides a link to the details of the regulation, and gives clear instruction about how to stop messaging or how to get more information and help.

So, what makes it “less than effective?”

1. Excess Length

Redbox’s mobile marketing team seemed so hellbent on getting this message out there, its creator forgot to do a little nip/tuck work on the verbiage, and instead chose to send this as a two-part message (which will likely appear to the recipient out of order).

Had they just found a way to consolidate “Texts may be sent using an automatic telephone dialing system,” or “Consent not required for any purchase,” they could have squeezed this into one, (slightly) easier-to-consume text message.

Also, if they had a link that led to a clearly defined landing page, there would be plenty of room to get the point across, instead of wasting it with numerous, confusing links.

Speaking of which…

2. Lack of Context

The message opens with “Redbox: Reply LOVE now to keep getting our texts after 10/16 (linked).” Not only can this be shortened, but why are they asking me to do my own research by clicking the obscure, unclear “10/16″ link text? If I’m curious, I may click. But, more than likely I’ll have better things to do …

… like delete this message before I read any further.

Also, what does “LOVE” have to do with a DVD rental company, or its messages? Context-specific text, like “OPT-IN,” “TEXTME,” “JOIN” or anything else more action-oriented would convey a sense of urgency and motivate the reader to take a next step.

3. Confusing Language

Now, no one is going to confuse SMS for high art — it’s a medium of efficiency and near-real-time interaction. But that’s no excuse for poor phrasing or confusing language. The end of this text message leaves a lot to the imagination — a luxury most readers won’t afford you.

The message closes with “Reply STOP to cancel,HELP for help. Up to 2 msgs/week. New Terms: [LINK].”

The awkward phrasing (and again, lack of context) begs a few questions: First, should I expect two messages per week? Or, am I allowed to send just two help request messages per week? To a marketer, this may be clear. But, can we assume this on the part of the audience? Doubtful.

Secondly, what are the new terms about? Is this Redbox’s terms for sending? Is it FCC-related? Have I just entered into a new agreement? How is this link different than the “10/16″ link from the previous message?

Chances are, this could have been solved just by making one CLEAR link, rather than two ambiguous ones.

4. Hierarchy of Messaging

While 155-170 characters doesn’t afford you much space to be gracious, your brand must continue to be represented in ALL communications, regardless of medium. The team felt it would best convey urgency by outright telling readers to reply, following it with a small incentive.

Instead of hammering readers over the head, maybe Redbox should have considered reminding them why they would WANT to keep receiving messages.

Perhaps: “Redbox Alerts: Want to keep getting exclusive deals on top DVD rentals? Reply LOVE to confirm!”

Again, it’s far from artistic, but it clearly states a promise of ongoing value, with no ambiguity.

A better example…

Yesterday, a friend signed up for text alerts and discounts from 7-11 (which still serves the best coffee in the world, without requiring fluency in fake Italian to pick a beverage size). She followed the directions and received the following:

Here’s why this is a better message. First, it opens with a clear indicator of source. Even putting just “7-11″ before the message wouldn’t be as explicit in conveying the purpose of the text. When some companies offer multiple SMS marketing options, this little step helps reassure the recipient they signed up for this offer, and that it contains information relevant to their needs.

Next, they consolidate the approval to a “Y” rather than “Yes.” With such a limited character count, every free space counts. This leads to a clearly — and cleverly — defined value proposition.

Here, by replying “Y,” the user immediately knows they will be receiving exclusive coupons and alerts — up to eight times per month. Whether intentional or not, by indicating frequency, 7-11 actually managed to boost value through word placement.

What’s better than knowing you’re getting a deal? Knowing you’re getting eight of them, that’s what.

After succinctly stating opt-out and help options, 7-11 made a smart move to offer a very clear URL. While abbreviated links help preserve space, their random, disconnected appearance could hinder clickthroughs.

Instead, 7-11 created a short, but clear vanity URL that lets the recipient know it’s connected to the company website, and directly relates to their privacy standards. Upon clicking through, recipients can see the company’s entire SMS policy.

… but is it compliant?

7-11 seemingly did everything right, but these new TCPA regulations are stringent. And one key element missing from yesterday’s 7-11 opt-in text is that it doesn’t clearly indicate “consent to get texts is not required and/or a condition of purchase.”

The devil lies in the details here, folks.

Moving forward…

Our advice? Let a landing page do some heavy lifting for your incentives and promos. That’s not to say you shouldn’t offer calls-to-action or relevant info through your texts, but you must also be considerate of your recipients, not to mention the restrictions of the medium.

Even though you might think a promo-free text is a wasted endeavor, when space is at a premium, and FCC-mandated text at a maximum, it’s best to keep it simple:

1. Clearly state the name of the sender and provide a distinct value proposition (don’t hide he opt-in)
2. Provide opt-out instructions
3. Indicate frequency of texts
4. Disclose carrier costs and fees
5. Include assistance language — “Text STOP or email XXXX or HELP for assistance”
6. Include data language — “Message and data rates apply”

Yeah, that’s a mouthful. But then again, so are the pages of legal documents you’ll be forced to review if you don’t comply.

A straightforward, clearly stated text message, complicit with FCC and TCPA regulations, may be more difficult to create, but will likely pay dividends simply by keeping you in front of recipients, and out of hot water with potential spam whistle blowers.

And, not for anything, but you should reassess your members regularly – have them re-up for SMS marketing on a regular schedule to minimize the possibility of complaints, and increase the quality of your lists … and the results that come from them.

So what do you think?

If you haven’t yet, read through these regulations. Then let us know – are these new rules fair or unfair?

How do you plan to change your SMS strategies to account for these new rules, and do you think it will affect your business?

Comment below, and let’s talk about it. As a group, I bet we can come up with a healthy list of solutions and ideas…