
Jack Daniels writes the politest cease and desist notice ever. - boopsie
http://brokenpianoforpresident.com/2012/07/19/jack-daniels-lawsuit-the-full-scoop/
======
MartinCron
This is the first time I have read a C & D that made me gain more respect for
the company it was from. It wasn't just polite, it was respectful, readable,
and reasonable.

I will drink to that.

------
DigitalSea
I am impressed. The fact that this post will no doubt get a lot of attention
will strengthen the Jack Daniels brand rather then taint it by making the
mistake everyone else does when writing a cease and desist making empty
threats and being real rude.

Smart move on their part. I'm pretty shocked they offered cash to help change
the cover design. One of the best things I've seen posted to this site in a
long time!

~~~
pbhjpbhj
> _I'm pretty shocked they offered cash to help change the cover design._ //

Really? You're shocked that they'd spend a couple of hundred dollars to buy
themselves a book author as a small time publicist?

~~~
jamesaguilar
It seems reasonable to be shocked considering how rare this sort of behavior
is compared to the opposite, and considering that it really turns the tables
on who is legally obligated to do what. What doesn't shock me is that there's
someone on hacker news playing the worldly, I've-seen-it-all role. Today, it's
your turn to be that guy.

------
GigabyteCoin
That was quite the daring book cover in the first place... here is the
official logo just to jog your memory:
[http://images.google.com/imgres?q=jack+daniels+logo&num=...](http://images.google.com/imgres?q=jack+daniels+logo&num=10&hl=en&biw=1680&bih=897&tbm=isch&tbnid=am1Hucib9HIQPM:&imgrefurl=http://www.myspace.com/ilovea7xforever/photos/1896707&docid=O-qUmsfTL_5GXM&imgurl=http://a1.ec-
images.myspacecdn.com/images01/78/713881de0b472f98b0e7712dba8d3ae3/l.jpg&w=352&h=450&ei=7rcMUO3nEIm9rQHktfyrCg&zoom=1&iact=hc&vpx=745&vpy=173&dur=409&hovh=189&hovw=148&tx=97&ty=134&sig=116121926357807975482&page=1&tbnh=154&tbnw=120&start=0&ndsp=32&ved=1t:429,r:3,s:0,i:124)

They basically copied it verbatim.

~~~
sliverstorm
Of course they copied it. Such a brazen knockoff can really only be
intentional.

It isn't like it was coincidence; take a look at them side-by-side. The book
author replaced some text, everything else is a perfect match.

------
jmillikin
Previously: <http://news.ycombinator.com/item?id=4277485>

It appears to be the exact same link, I wonder why this wasn't automatically
de-duped?

~~~
fishbacon
From the comments in the thread it would seem that started as a boing boing
link and got changed.

------
ohashi
That's the nicest C&D I've seen. Even offering to help pay for changes to
expedite the process. That's just beyond classy.

------
mathattack
Makes me want to buy a bottle of JD despite the inevitable hangover. I am
surprised they didn't offer to throw in a bottle or two.

When opposing sides get heated, lawyers win. This letter seemed to calm the
fire down. It's all class, and more effective as a result.

------
iandanforth
I always dream of a day when people apologize for bad law. Cops would
apologize for being asked to enforce prohibition, lawyers would apologize for
even mentioning software patents. While I can forgive people doing the job
they are compelled to do by the law (not everyone is ready to put their job on
the line) it goes a long way to know that at least their hearts are on the
side of reason.

~~~
pbhjpbhj
You'd think except there are two ways at least they can allow the use and not
dilute their mark.

They can allow the use and have included a statement that the mark is used by
permission of the mark owner (whatever it is they are claiming is their
registered mark). Or they can require that the claimant makes a statement that
they are not associated with Jack Daniels and any similarity of the mark is
incidental.

Jack Daniels as an alcoholic beverage doesn't lie in the same Nice
classification as literature and so doesn't really infringe. There is no
passing off, no trademark infringement just a similarity in design style which
is mostly likely a copyright infringement; which again JD could allow if they
wished without any prejudicial effect on any other threat of litigation they
wish to proffer in the future.

~~~
ianstormtaylor
No note is going to prevent the dilution of the mark. Most people won't read
the note, or care, and the impact of the mark on bookshelves and elsewhere
will be unchanged. Problem is the mark isn't incidental, it's the exact same
with different words.

~~~
pbhjpbhj
Yes it's copyright infringement. No it doesn't dilute their mark. You think
because they've used the same flourishes as JD use that people are going to
think this is a bottle of bourbon and not a book? Or that that will have any
effect of peoples perception of JD as a drink?

The lack of the brand name and the product name are rather key to the mark as
a whole wouldn't you say?

------
ereckers
As a recipient of a few of these over the years I have to comment on how
humane this is. A particular C&D I once had the displeasure of receiving
seemed purposed more towards tying my stomach in knots and keeping me up at
night then actually protecting the brand. The outcome here provides the same
result, just much, much, more comfortable for the parties involved.

~~~
einhverfr
I got a C&D letter once from a real asshole who tried to get me to stop
providing after-market documentation for his trademarked software. I responded
with a very simple letter. "Thank you for your concern. I will personally
audit the documentation to make sure your trademarks are appropriately
credited. If you notice any documentation which lacks a notice saying you are
the author of this trademark, please let me know as soon as possible so I can
correct this oversight."

I never heard back.

~~~
ereckers
Nice. It took me a couple to understand that C&D's were preferred to legal
action (I received a few from some really big firms). While researching the
issue, under a small bead of sweat, I actually found conference papers from
the originating firms outlining the preference of C&D's to expensive legal
action. My personal experience with them seemed like glorified take down
notices, which were easily complied with, but the language can be damn scary.

They are serious business, but, if some of these cases can be handled as
humanely as the OP's example, a lot of people could sleep better at night.

------
jameszol
I hope I never have to send a C&D letter. If I do, I will try my damnedest to
be this cool about it. Way to be, JD! I don't even drink and now I'm a fan of
how you do business.

------
donohoe
I got a cease-and-desist from Coke a few months back and it was nowhere as
polite and informed as this one.

Kudos to Jack Daniels - though I much prefer Bakers.

~~~
jeffjose
Post here please?

~~~
donohoe
Certainly. Its here:

<http://donohoe.io/img/misc/cease-and-desist.png>

I should add that in the end it was handled amicably and we came to a
compromise on some of the original requests (dribbble etc.)

------
yojimbo311
I really love this approach, and I hope that my fear of the outcome of this is
an irrational one. By not qualifying the offer to "just this once"/whatever I
fear they may inspire more copycats and prove to the rest of the trademark
gatekeepers, that being respectful and helpful just invites more infringement.

I can only remember seeing Ben & Jerry's doing this with a C&D request before,
but I'm sure there have been at least a couple more companies willing to
forego "more effective" intimidation for the "small" chance of creating an
ally. It seems to me to have more to do with an overwhelmingly strong culture
in those companies to be great at what they do rather than beating everyone
else at what they do. Kudos to Christy Susman and anyone else that gave her
the freedom to make these choices instead of taking the "easy" way. It gives
me hope.

------
casr
All credit to the letter; nice, polite and the best JD could have done
considering the sitution. Also I like that the author acknowledges what good
sports they are and is sharing that with the rest of us.

What I am not so impressed about is that the author then uses the whole
situation to peddle his book. It seems to me to be against the whole spirit of
the letter in the first place.

------
happywolf
I seldom drink hard liquor, but I will get one bottle of JD when I travel next
time just for this nice polite letter.

------
joering2
Any idea how BPFP got the branches design in the first place? Some freelancer?
He found it himself somewhere online under "free vectors"? Curious how the OP
was involved in (I guess unwillingly) interfering with JD logo design. And did
he know before..

------
jstalin
This just goes to show that you don't need to be a complete a-hole to be a
good lawyer.

------
jasonlingx
What a contrast to <https://www.google.com/search?q=getty+images+extortion>

~~~
pbhjpbhj
Getty sell images. They rightly pursue blatant [commercial] copyright
infringements of those images; they're probably not going about it well but
that's another matter I feel. JD sell bourbon, they wrongly pursue IMO the
authors of books that use the same flourishes on their jackets as JD use on
their whisky bottles.

If the defendant were selling alcoholic drinks, fair dos.

------
tantalor
Correction: this isn't a cease and desist letter.

------
einhverfr
That's an awesome letter. Makes me want to go our and buy a bottle of their
whiskey just to support a polite, respectful company.

------
djahng
It's nice to see a company and law firm that not only acknowledges its fans,
but doesn't treat them like criminals.

