Friday, April 25, 2008

Perk-Up Takes on Starbucks

Posted by Nadia Pflaum on Fri, Apr 25, 2008 at 7:50 AM

By NADIA PFLAUM

Dave Kemp, the co-owner of Perk-Up!, a newly opened coffee and snack shop at 11th Street and Grand, swears that he isn’t a lawsuit-happy guy. It just so happens that the forces of corporate coffee are conspiring against him, and he’s going to fight. He has espresso (“pure Tuscan joy,” reads the menu) and feisty entrepreneurial spirit on his side.

Kemp opened his second local shop downtown shop four months ago. (The first is at 11823 College Boulevard in Overland Park.) Two months ago, he poked his head into a Starbucks and was floored by a promotional flier on the wall. “Perk Up!” it read, along with a

perk_up.JPG

picture of a cup of coffee with a curlicue of steam rising from it. Kemp thought the layout of the flier looked awfully familiar — just like the artwork he’d registered and copyrighted as his snack shop’s logo. He snapped a picture with his camera phone and paid a visit to his attorney.

“We served them with a cease-and-desist order,” Kemp says of Starbucks. “Had they ceased and desisted, we wouldn’t have made a big deal about it.”

Now Kemp, through his attorney, is in settlement negotiations with Starbucks. The corporate coffee chain has put two offers on the table, and though either would let Kemp retire a rich man, they’re not up to the number that Kemp and his lawyer have in mind (which Kemp says he can’t let us reveal in print).

“Honestly, I know this sounds goofy, but our intent wasn’t to do this for the money,” Kemp says. “Our intent was to show the big boys they can’t push the little guys around all the time. But now that the money’s come along with that, I’m OK with that.”

Starbucks has until August 7 to arrive at a number Kemp likes.

If Starbucks and Kemp don’t reach an agreement, the matter will go to a federal arbitrator to decide.

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Comments (42)

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Who was the owners name of Perk Up? Dave was the side kick but who was the owner?

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Posted by Elisa Breitenbach on July 7, 2011 at 12:21 AM

Mike did Dave ever pay you? I think we know the answer.

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Posted by Elisa Breitenbach on July 7, 2011 at 12:18 AM

Dave is that all you can say?

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Posted by Elisa Breitenbach on July 7, 2011 at 12:17 AM

I have been told so many hot dog stories about Dave and what he did to so many people around the Power & Light area. George we need to go after the media for help to get your money back. The City of Kansas City made an ordanance because of Dave Kemp and his Hot Dog Games to people.

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Posted by Elisa Breitenbach on July 7, 2011 at 12:13 AM

Dave is not married. He has a side kick whos name is Lynn. What place did you know Dave from? Was it only Perk Up?

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Posted by Elisa Breitenbach on July 7, 2011 at 12:04 AM

Dave was going around Raytown telling people he was going to put Raytowns coffee shop out of business too. Now Daves coffee belongings are locked up in storage with no one wanting them again. Poor Little Dave The Bully Master with loads of coffee belongings and no place to go with them.

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Posted by Elisa Breitenbach on July 7, 2011 at 12:01 AM

He has a big case in Independence Aug. 29. You are right everyone needs to check people out on case.net before they do any business with someone like Dave Kemp.

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Posted by Elisa Breitenbach on July 6, 2011 at 11:48 PM

Matt it looks like Dave Kemp opens up shops all over town. This practice is called doing Pop Up Business. He pops them up runs up bills and then goes away not paying anyone. The City of Kansas City knows Dave Kemp well. The sad thing is they do NOTHING TO STOP HIM & THIS DIRTY PRACTICE HE IS INTO.

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Posted by Elisa Breitenbach on July 6, 2011 at 11:45 PM

Can you tell me the old addresses of the three Perk Ups? Did you go to all three places? Also do you have any idea how long they had been open?

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Posted by Elisa Breitenbach on July 6, 2011 at 11:37 PM

Christopher what was this place called at 7th & Broadway?

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Posted by Elisa Breitenbach on July 6, 2011 at 11:34 PM

You talk about cowards. Do you have a name? Or are you DAVE:)

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Posted by Elisa Breitenbach on July 3, 2011 at 2:32 PM

You did not send it to my Facebook. I am in Independence.

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Posted by Elisa Breitenbach on June 30, 2011 at 11:33 PM

Elisa I sent you a message on Facebook ....id love to chat with you!

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Posted by Olredfeather on June 30, 2011 at 9:57 PM

This is not a joking matter. The girls need a voice. This is not just one work place but it looks like one right after another girls have had to deal with this.

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Posted by Elisa Breitenbach on June 30, 2011 at 4:00 PM

Elisa do you know personally?

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Posted by Olredfeather on June 29, 2011 at 10:06 PM

What can you tell us about Xtreme Building??? I am sure you know some great stories.

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Posted by Elisa Breitenbach on June 29, 2011 at 6:29 PM

I would love to talk to you. I am eazy to find. I understand your every word!!!

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Posted by Elisa Breitenbach on June 29, 2011 at 6:26 PM

What I would give to talk with you!!!

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Posted by Elisa Breitenbach on June 29, 2011 at 6:24 PM

This guy is like a circus act with his little "Dave Show". Did you ever try to turn him in for sexually acting out with you? He has been doing that for years now. I have just learned about him and his sick hand on the girls in my shop that I own. No One Has The Right To Rub Up Next To You. This guy needs to be stopped for the sake of all young girls in KC.

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Posted by Elisa Breitenbach on June 29, 2011 at 6:23 PM

When you look his history up on casenet.com or go to the courthouse and pull his files the truth is not hard to see.

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Posted by Elisa Breitenbach on June 29, 2011 at 6:09 PM

Dave:
Please contact me about an unpaid bill. Mike S @ Cherrytree metal fab. (913) 432-6277. thanks.

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Posted by Mike on May 18, 2011 at 10:07 AM

i just read the info posted here and there are a lot of people who are not sure of what they are saying! i have worked for dave and sam for about three years and have never had a bad pay check nor have ive been harrassed sexually. and i would have been a great one to do it to because my boobs are very large. i say if you have a bad check take it to him im sure he will make it right but, i really dont believe you do. as for him stinking i know your off your rocker . every women that comes in the stores love the way he smells. if you dont like the food cool, if you want brewed coffee then go to QT. but quit being a heater because he dose what most dosnt have the balls to do!!!sounds like there are a bunch of cowards out there.

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Posted by i have worked for three years on April 8, 2010 at 9:14 AM

feel free to put your contact info on here and i will be happy to address the issues you have with you. dont be a coward and post crap on this site.

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Posted by dave on April 7, 2010 at 9:32 AM

Why does everyone half to hate on Dave?? So he works alot and has to do what he needs to to get to the top... Everyone hats to see the lil guy get ahead because they can't.. I think the staff at PERK UP is awsome an I think Dave is awsome so he has a attitude problem an thinks he can do it better .... But who in Kc dont have that attitude...If you dont like him or his store or the product he has to offer just stay away then...

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Posted by Why you got to hate on dave on March 30, 2010 at 4:30 PM

Sorry to comment on an old article, but I met David the other day, as he came in to my restaurant. He seemed very arrogant and classes, and wouldn't shut up for two seconds to let me talk. Our store has been around for over 50 years, and he still tried to belittle it an tell me how to do my job better. I never wish to see a company go down, but under someone like that, I have no idea how it can survive.

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Posted by Jack on March 29, 2010 at 1:52 PM

First of let me say i hate Dave kemp. He both sexually and verbally assualts his employees. As soon as he cant stand someone he fires them. He gives his employees no time to learn the dumb as so called menu he has....he just throws you in the fire and expects you to know how to make shit without being taught. And for the record majority of his employees dont have a food handlers permit and he pays his employees cash dont you think thats a bit weird!!!!

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Posted by I Hate Dave Kemp on December 7, 2009 at 7:17 PM

The Perk Up downtown is a joke anyway. He charges more than Starbucks for extra shots of espresso. The first time I went there I asked one of the guys behind the counter what type of drip coffees they had. One of the guys replied, "We don't have drip coffee. We only sell espresso drinks cause that's what everyone wants."

To make a long story short, this is not a true coffee shop. Just because you have an automated coffee machine doesn't make you a good coffee shop.

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Posted by Stephen on December 1, 2009 at 1:22 PM

he better start thinking about paying me my money 1,700 i dont work for free or watch your back downtown selling your hotdog this summer

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Posted by GEORGE on November 18, 2009 at 12:28 PM

he better start thinking about paying me my money 1,700 i dont work for free or watch your back downtown selling your hotdog this summer

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Posted by GEORGE on November 18, 2009 at 12:26 PM

He sexually harrassed me and others working at perk up. He verbally abused everyone on his staff then had the audacity to write hot payroll checks! I hope he gets everything he has coming to him. This guy is a dirt bag and I wouldn't piss on him to put him out if he was on fire!!
Choke on a good taste of your own medicine you slob!

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Posted by gottalovekarma on October 13, 2009 at 11:52 AM

I hope that the law suit money will allow him to buy some soap and shampoo. One can smell him from three blocks away downwing and five upwind (actual scientific study figures)Oh, yeah, and better manners and a new wife would help him too.

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Posted by You Smell Dave on September 16, 2009 at 8:40 AM

This Dave guy just came into my newly opened coffee shop in mid town KC (35th and Broadway) and was asking me all these questions about my operations and before I could even give half an answer he would try running circles around me saying he has 11 Perk Up's around town already and is opening one up next to me that will likely put me out of business. I am a new shop and am growing, I put a lot of time in money and will not be scared by some douche bag whose self told story so far is not checking out with the facts. I am so sure he really has no interest in Starbucks money because he is all about the little guy and does not like to see bigger businesses bully the smaller ones. Give me a break Dave you insecure man child.

With Love,

Micah Riggs

Owner of Coffee Wonk
3535 Broadway

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Posted by Coffee Wonk on September 15, 2009 at 5:00 PM

Dave "Xtreme Building" Kemp has ripped a lot of people off in his time.
I wonder how it felt being on the receiving end for a change!!

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Posted by KarmasABitch on June 1, 2009 at 4:25 PM

He only has one location. On Broadway. Two have closed down. You can check case.net and figure out why :)

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Posted by Jane on April 1, 2009 at 1:41 PM

Dave kemp owes me money from writing a bad check i would not do any bussiness with him wat so ever.
very dirty person

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Posted by matt on February 18, 2009 at 7:13 AM

There are now three Perk Ups, apparently business is good.

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Posted by Jake on December 2, 2008 at 10:49 AM

His place didn't close, he moved to somewhere in the neighborhood of 7th & Broadway. Still waiting for an update on his lawsuit...

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Posted by Christopher Richer on November 3, 2008 at 5:12 PM

The place is closing down, obviously the "little guy" couldn't fight Starbucks. Serves him right.

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Posted by Lexi on October 18, 2008 at 8:27 AM

Please do a follow up on this lawsuit. I'm interested to hear the outcome.

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Posted by Ryan on October 14, 2008 at 11:34 AM

Please do a follow up on this lawsuit. I'm interested to hear the outcome.

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Posted by Ryan on October 14, 2008 at 11:34 AM

So, what ever happened with "Super Dave's" (as we "affectionately" call him) lawsuit with Starbuck's?

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Posted by Christopher Richer on October 10, 2008 at 7:36 AM

I think perk up needs a new logo

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Posted by DLC on April 25, 2008 at 7:54 AM
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