Monday 7 September 2015

Trademark dispute Jack Daniels vs Patrick Wensink

Jack Daniels v. Patrick Wensink This much-publicized dispute led to a much better (and funnier) outcome than most trademark cases ever do. Author Patrick Wensink was in the midst of launching his book, Broken Piano for President. The cover of the book bears a remarkable resemblance to the Jack Daniels whiskey label that you find on bottles of the popular Tennessee whiskey. While it’s all-too-common for large, corporate entities to scare the little guys out of using their trademarks, Jack Daniels went a different route and sent the following letter to Wensink: “It has recently come to our attention that the cover of your book Broken Piano for President, bears a design that closely mimics the style and distinctive elements of the JACK DANIEL’S trademarks…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…If we allow uses like this one, we run the very real risk that our trademark will be weakened. As a fan of the brand, I’m sure that is not something you intended or would want to see happen…As an author, you can certainly understand our position and the need to contact you…In order to resolve this matter, because you are both a Louisville “neighbor” and a fan of the brand, we simply request that you change the cover design when the book is re-printed. If you would be willing to change the design sooner than that (including on the digital version), we would be willing to contribute a reasonable amount towards the costs of doing so. By taking this step, you will help us to ensure that the Jack Daniel’s brand will mean as much to future generations as it does today. We wish you continued success with your writing and we look forward to hearing from you at your earliest convenience.” It’s rare for a cease-and-desist letter to carry such a nice tone. Understandably, Wensink obliged and changed the cover of his book.

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