Whisky Maker Communicates in Fine Spirits
27th July 2012 · 2 Comments
Gentleman Jack stayed true to “his” image when a recently published book appeared on store shelves with a cover looking suspiciously like the Jack Daniels Old No. 7 label. The attorney who penned the cease and desist letter took a tone that reflected the beverage maker’s southern charm. He requested, in a neighborly fashion, that Patrick Wensink, author of Dead Piano for President, change his book cover for its second edition. The company even stated it would pay for a “reasonable amount” of the redesign.
However, Wensink’s response was less cordial. “We will not be taking them up on their offer. We’re proudly independent and don’t need any of that sweet corporate booze money to redo the cover,” he said. There was no mention if a free case of whiskey ever came up in the discussion, or if that would have changed the author’s mind.
Similarities between the two designs could have caused the beverage maker to cry copyright infringement. The distiller could have tried scare tactics and threatened a lawsuit. I’m not an attorney but as I understand the issue, in order to build a successful case against the author the company would have to prove Wensink’s book was sobering its liquor sales. Instead, the Tennessee-based business stayed true to its brand by making a formal request in congenial fashion.
Though I wouldn’t have agreed with sending the letter (really, what’s the point?), I did find it refreshing. What probably originated out of frustration from the corner office, ended up solidifying a company’s brand.
Tags: jamie-brown, media relations, public relations
Jamie, I considered letting this slide, but remembered that this site is focused on entrepreneurs who might get dangerously misinformed and misdirected by your article.
First of all, I have to mention that I am not an attorney, but have been an IP consultant (licensing, litigation support, etc) for many years. Second, you so show a lack of fundamental understanding of the difference between copyright and trademark issues, the latter being the subject of this dispute. That misunderstanding may be a common one, but most such people do not choose to publish commentary on the subjects.
The graphic elements of the image used on the book cover is definitely similar enough to the very well known label of Jack Daniels to raise commercial and probably legal issues. Not sure why you asked “What’s the point ?” and then said it probably “solidified the company’s brand”. But that is absolutely one of the “points”. The second point is that even if the graphic elements are not registered as a Trademark of Jack Daniel’s (haven’t searched it yet), they are extremely likely to be recognized as distinguishing trade dress. Either way, Jack Daniel’s MUST enforce their rights in Trademarks and trade dress or they could lose the right to do so in the future in an even more egregious situation.
The more *appropriate* message for entrepreneurs from this dispute is (1) you and your company should respect the IP rights of others and not try to trivialize such disputes or actions, and (2) if you develop IP rights and the related value/assets for your company, you should enforce and defend them.
Don – thank you for your response. I appreciate your wisdom and passion on the issue. I hope what readers get out of this post is that by sending a letter with a congenial tone, Jack Daniels solidified its position as “Gentleman Jack.” They saw the situation as an opportunity to communicate in a generous manner, rather than using harsher language. Thanks again for your remarks.