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(Mashable)   Jack Daniel's shows the world how to do a cease and desist letter right   (mashable.com) divider line 115
    More: Cool, cease and desist letter, Patrick Wensink, Jack Daniels, Margaritaville, Jimmy Buffett  
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34029 clicks; posted to Main » on 23 Jul 2012 at 11:49 AM (2 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2012-07-23 11:22:42 AM  
If only their whiskey was as good.
 
2012-07-23 11:37:15 AM  
The problem is that for trademark infringement to occur -someone would have to confuse the brands. Since one is used on a book cover and the other on a bottle -it is unlikely that confusion will happen.

Unless that is Jack Daniels issues a book with that label too.

Why yes, I am an armchair expert on everything. Why do you ask?
 
2012-07-23 11:42:20 AM  

Because People in power are Stupid: The problem is that for trademark infringement to occur -someone would have to confuse the brands. Since one is used on a book cover and the other on a bottle -it is unlikely that confusion will happen.

Unless that is Jack Daniels issues a book with that label too.

Why yes, I am an armchair expert on everything. Why do you ask?


They could confuse it for a book about Jack Daniels. This doesn't strike me as entirely unreasonable.
 
2012-07-23 11:52:50 AM  
A reasonable, polite, and supportive legal demand?

**applauds**
 
2012-07-23 11:53:03 AM  
They'll even help pay for a new cover, if it's changed sooner than a second printing? Wow.
 
2012-07-23 11:53:50 AM  
Its unfortunate that one's natural reaction to company being "nice" about a legal issue is surprise.
 
2012-07-23 11:54:17 AM  
A business that runs like a business. Scary.
 
2012-07-23 11:54:17 AM  
Thoroughly decent way to protect one's trademark.
 
2012-07-23 11:54:21 AM  
News flash: Tennesseans are polite
 
2012-07-23 11:54:31 AM  
Remember, it's OK for a corporation to ignore fair use (even on trademarks), as long as they're nice about it.
 
2012-07-23 11:55:59 AM  
Well, it's apparent that their legal department ISN'T drinking their product!
That letter is polite, coherent and free of vomit stains.
 
2012-07-23 11:56:28 AM  
Classy move on JD's part. I'm impressed.
 
2012-07-23 11:56:42 AM  
I thought this was giong to be about the Punisher short.

Jack Daniels bottle, for when you positively need to crack every skull on the street.
 
2012-07-23 11:57:08 AM  
The epitome of "class"

Go them!
 
2012-07-23 11:57:40 AM  

oldfarthenry: Well, it's apparent that their legal department ISN'T drinking their product!
That letter is polite, coherent and free of vomit stains.



Now we know why Jack Daniel's is made in a dry county.
 
2012-07-23 11:57:54 AM  
Dear whiskey lover,

Cease and desist or we'll come over there and beat you with the carefully aged and lightly roasted ancient Carolingian oak barrel staves that impart the fine, caramelized flavor characteristic of our Irish-style hiskeys and sweet sticky Bourbons.

Sincerely yours,

James Walker the Umpteenth

P.S. We may also bring some bottles. Broken bottles. We will cut you! Don't think we are chicken.

P.P.S. Enclosed please find a great recipe for whiskey-marinated bar-b-qued chicken. That's what we do to chickens around here!
 
2012-07-23 11:57:57 AM  

ChrisDe: They'll even help pay for a new cover, if it's changed sooner than a second printing? Wow.


Probably cheaper than the legal fees, some one in the legal department has a brain.
 
2012-07-23 11:58:25 AM  

Because People in power are Stupid: The problem is that for trademark infringement to occur -someone would have to confuse the brands. Since one is used on a book cover and the other on a bottle -it is unlikely that confusion will happen.

Unless that is Jack Daniels issues a book with that label too.

 
2012-07-23 11:58:57 AM  
Whoops! Should have signed that letter John. Oh, well. Let's just pretend there are James as well as Johns in the Walker family. There could be, you know, even if the family still ran the company.
 
2012-07-23 11:59:08 AM  
er:
thumbs.ifood.tv
 
2012-07-23 11:59:37 AM  

thismomentinblackhistory: If only their whiskey was as good.


This.

They're right to guard their label - it's all they got.
 
2012-07-23 11:59:46 AM  

kwame: News flash: Tennesseans are polite


Yes. Yes they are.
 
2012-07-23 12:00:16 PM  

GibbyTheMole: Classy move on JD's part. I'm impressed.


^^^^^
THIS!

/Classy move, whiskey dudes.
 
2012-07-23 12:00:32 PM  

kwame: News flash: Tennesseans are polite


How did you infer that from a letter written by an attorney in California?
 
2012-07-23 12:01:05 PM  
Might also be that it's a weak trademark infringement case. JD knows that, and is trying a polite approach.
 
2012-07-23 12:01:16 PM  

Because People in power are Stupid: Unless that is Jack Daniels issues a book with that label too.


If it went to court, the argument wouldn't be about whether anyone confused the book with whiskey. It would be about whether anyone could confuse this book for one published or licensed by Jack Daniels. And Jack Daniels is already in the book business (the publish cookbooks for starters) so there's a reasonable chance for confusion.

mat catastrophe: Remember, it's OK for a corporation to ignore fair use (even on trademarks), as long as they're nice about it.


There's not a single fair use factor that applies to this use. It's a commercial use, of nearly the entire trademark, not for purposes of criticism, commentary, parody, or education.
 
2012-07-23 12:02:05 PM  
That was delightfully handled... perfect marketing savvy mixed with a genteel and gentlemanly approach to resolving a legal dispute.

Well done, Jack Daniels. Well done indeed.
 
2012-07-23 12:02:18 PM  

mat catastrophe: Remember, it's OK for a corporation to ignore fair use (even on trademarks), as long as they're nice about it.


I'm sure that their attorneys are aware of "fair use". It shows that you can often get your way by being polite, even without the law on your side.
 
2012-07-23 12:03:02 PM  

Because People in power are Stupid: The problem is that for trademark infringement to occur -someone would have to confuse the brands. Since one is used on a book cover and the other on a bottle -it is unlikely that confusion will happen.

Unless that is Jack Daniels issues a book with that label too.

Why yes, I am an armchair expert on everything. Why do you ask?


Placement doesn't actually matter. If that particular graphic is trademarked, a close likeness can be an infringement. Instead of arguing in court and incurring a bunch of fees, they decided instead to handle the matter in a gracious way.

If you used a close likeness of a Coca Cola logo, you'd probably hear from them as well. It's the actual image and not the placement.
 
2012-07-23 12:03:27 PM  

kwame: News flash: Tennesseans are polite


This case notwithstanding; as a rule, yes. It has been my experience that Tennesseans are polite.
 
2012-07-23 12:03:40 PM  

Fano: I thought this was giong to be about the Punisher short.

Jack Daniels bottle, for when you positively need to crack every skull on the street.


When I first saw the headline I thought the same thing too.

Still, that short was goddamned awesome.
 
2012-07-23 12:05:13 PM  
That's funny, I was just drinking Jack Daniels last night!

/not at all funny
 
2012-07-23 12:06:05 PM  
Ahem.
www.shugarecords.com
 
2012-07-23 12:06:44 PM  

thismomentinblackhistory: If only their whiskey was as good.


Jack is not a bad whiskey. It's not at the top of the shelf, but it certainly isn't the bottom either.
 
2012-07-23 12:08:06 PM  
Out of curiosity on a rather different situation - I have the Jack Daniels "No7" painted on my radiator of my '27 Ford. Could I technically get in trouble for that?
 
2012-07-23 12:09:15 PM  
When are they going after Johns Daphne Tenderness Whiskey?
 
2012-07-23 12:09:32 PM  

Rev.K: That's funny, I was just drinking Jack Daniels last night!


In a fit of self-loathing or were you being hipster-ironic?
 
2012-07-23 12:09:43 PM  

puckrock2000: Ahem.
[www.shugarecords.com image 850x850]


Do we know for certain that Charlie Daniels didn't obtain some sort of usage permission or that JD didn't follow through with a challenge?

Still an infringement if that illustration is trademarked. Not always easy to enforce, mind you.
 
2012-07-23 12:11:59 PM  

thismomentinblackhistory: If only their whiskey was as good.


It makes a decent lemonade. Runs a lawnmower pretty good too.
 
2012-07-23 12:14:41 PM  
The author allows as how this could be a boon for his book's sales. I'm guessing that the Jack Daniels folks know that it won't hurt their sales any either.

Either way, well done.

/Still won't buy any Jack. will stick to Single Malts.
 
2012-07-23 12:15:20 PM  
I don't know where you get your conditioned sesponses, but where I get mine, once I get good and sick on a distinctive(unique and powerful) flavor/aroma, I have a hard time enjoying it again.

Fortuitiously, I have been more careful w/ the Gentleman flavor.
And then there are the Beam Boys!

/real likker is 100 proof
 
2012-07-23 12:19:22 PM  
I call shenannigans, no way that letter was written by a lawyer.
 
2012-07-23 12:21:47 PM  

phenn: puckrock2000: Ahem.
[www.shugarecords.com image 850x850]

Do we know for certain that Charlie Daniels didn't obtain some sort of usage permission or that JD didn't follow through with a challenge?

Still an infringement if that illustration is trademarked. Not always easy to enforce, mind you.


Jack Daniels sells books, but not albums. It would be a little harder (but not impossible) to claim trademark infringement for the album.
 
2012-07-23 12:22:19 PM  
That's funny, because they're currently looking for 200k+ from a Gothenburg Bar.
 
2012-07-23 12:22:26 PM  

Smeggy Smurf: thismomentinblackhistory: If only their whiskey was as good.

It makes a decent lemonade. Runs a lawnmower pretty good too.


I found a bottle unopened at my grandfather's. The bottle was from the late 80s, back when it was sill 86 proof.

The taste of that was incredible. Compared to today's there is nothing like it. The need to stop watering it down.
 
2012-07-23 12:22:39 PM  
Finding this very hard to believe,an American business being polite and even altruistic somewhat in a legal matter. I like to think I know a decent whiskey (feel free to be a snob and differ) and I've loved JD since I was 16. I prefer it to Makers Mark and Knob Creek.
 
2012-07-23 12:22:54 PM  

Because People in power are Stupid: The problem is that for trademark infringement to occur -someone would have to confuse the brands. Since one is used on a book cover and the other on a bottle -it is unlikely that confusion will happen.

Unless that is Jack Daniels issues a book with that label too.

Why yes, I am an armchair expert on everything. Why do you ask?



Actually, the issue is 'dilution'. For famous trademarks (yes, I know it's a nebulous classifcation. That's how the shysters make their fees. Deal with it.) the owners have standing to forbid others, even in an unrelated field to use their trademark. No likelihood of confusion is needed.
 
2012-07-23 12:23:46 PM  

mat catastrophe: Remember, it's OK for a corporation to ignore fair use (even on trademarks), as long as they're nice about it.


There is no fair use doctrine for trademarks. Sorry.
 
2012-07-23 12:24:26 PM  
distillerystore.com

/love it
 
2012-07-23 12:24:50 PM  
It's been done.

i48.tinypic.com
 
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