TRADEMARK PROTECTION
It is probably the most polite cease-and-desist letter you will ever read.
“We are certainly flattered by your affection for the brand, but while we can appreciate the pop culture appeal of Jack Daniel’s, we also have to be diligent to ensure that the Jack Daniel’s trademarks are used correctly.”
Jack Daniel’s, famed for its Tennessee sour mash whiskey, had taken aim at the book Broken Piano For President. Despite not incorporating the Jack Daniel’s name, the cover of the novel appeared to mimic the look and feel of the whiskey maker’s brand.
Far from being aggressive, Jack Daniel’s simply asked the author, Patrick Wensink, to change the cover design when the book was reprinted. Te whiskey company even offered to contribute a “reasonable amount” towards the costs of doing so. Wensink agreed to change the cover, but did not accept any payment.
Jack Daniel’s, it ‘trademark bully’.
seems, is the opposite of a
Trademark bullying can be highly controversial, and at least one website—
trademarkbullying.org, set up by US businessman Lorenzo Borghese— provides information about and a forum for discussing alleged bullying antics.
But what is trademark bullying?
Te US Patent and Trademark Office (USPTO) defines a bully as a business that
trademark rights to “harass and intimidate” another business beyond what the law might be “reasonably interpreted to allow”.
Te term is very subjective, says Nick Bolter, partner at Edwards Wildman Palmer LLP.
www.worldipreview.com Trademarks & Brands Online Volume 3, Issue 1 11 uses its
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