Intellectual Acreage Law
Posted July 26, 2012, 2:38 pm CDT
Updated: Attorneys sometimes acreage in the account for chicken or badly afraid cease-and-desist belletrist accomplished to individuals who accept little clue about bookish acreage law.
But a advocate who defends trademarks for Jack Daniel’s whiskey is in the account for autograph a cease-and-desist letter that is awfully polite. The Atlantic printed a archetype and said it “may able-bodied go bottomward as the best polite, auspicious and compassionate cease-and-desist letter anytime to be beatific in the history of attorneys and humanity.”
The letter (JPG) by advocate Christy Susman was beatific to Patrick Wensink, columnist of the banter Broken Piano for President. The book cover, according to the Atlantic, appearance “old-timey, straight-from-the-saloon awning art” that bears a arresting affinity to the characterization for Jack Daniel’s Tennessee Whiskey.
“We are absolutely flattered by your amore for the brand,” Susman’s letter says, “but while we can acknowledge the pop ability address of Jack Daniel’s, we additionally accept to be active to ensure that the Jack Daniel’s trademarks are acclimated correctly. Given the brand’s popularity, it will allegedly appear as no abruptness that we appear beyond designs like this on a approved basis. What may not be so apparent, however, is that if we acquiesce uses like this one, we run the actual absolute accident that our cast will be weakened. As a fan of the brand, I’m abiding that is not article you advised or would appetite to see happen. …
“In adjustment to dness this matter, because you are both a Louisville ‘neighbor’ and a fan of the brand, we artlessly appeal that you change the awning architecture back the book is re-printed. If you would be accommodating to change the architecture eventually than that (including on the agenda version), we would be accommodating to accord a reasonable bulk appear the costs of accomplishing so.”
Above the Law acclaimed the letter. “Well, you apperceive what they say,” the blog observes. “You get added flies with Tennessee whiskey than you do with adversarial attorneys.”
Susman is out of boondocks and bare for comment, but the arch cast admonition for Jack Daniel’s Properties Inc., David Gooder, batten with the ABA Journal. “Our appearance has consistently been a nice access gets things apparent faster,” he says.
Gooder and Susman accept developed several arrangement belletrist for ambidextrous with cast issues that alter with the situation. One blazon of letter ability be acclimated for a fan who copies the trademark, for example, and addition for addition who is counterfeiting T-shirts. The belletrist are again customized based on the accurate situation.
Gooder says he and Susman aboriginal accomplished the letter had gotten media absorption with a blog column Sunday black on Mashable. “It affectionate of kept on rolling,” he says. “It’s amazing, actually. … It’s been a flurry and adamantine to get assignment done.” He and Susman accept alike been contacted by bodies gluttonous to do a business case study.
Wensink says on his website that admitting the affable request, his publisher, Lazy Fascist Press, won’t be demography up the aggregation on its offer. Gooder says Wensink is allegedly apropos to the action of money. Gooder’s compassionate is that the administrator will alter the awning for approaching assembly of the print-on-demand book.
“This has been absolute for him and his book,” Gooder says, “and it’s been absolute array of all the way around.”
Updated at 12:08 p.m. to accommodate comments from Gooder.
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