Skip to comments.Jack Daniel's sends 'world's most polite cease and desist letter'
Posted on 07/25/2012 11:25:18 AM PDT by DeaconBenjamin
When lawyers at the popular whiskey brand spotted the cover of Patrick Wensink's new novel, Broken Piano For President, it looked suspiciously like the famous black and white label used on Jack Daniel's.
The company's legal team sent him what the author described as the perhaps the world's most polite cease and desist letter:
"We are certainly flattered by your affection for the brand, but while we appreciate the pop culture appeal of Jack Daniel's we also have to be diligent to ensure that Jack Daniel's trademarks are used correctly."
It adds that because Mr Wensink is a "Louisville neighbour and a fan of the brand we simply request that you change the cover design when the book is reprinted.
"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 cost of doing so."
Mr Wensink posted the letter on his website, resulting in a host of publicity for his new novel. The book went to the top of the Amazon satirical books chart and was the number six bestseller overall. His website hits jumped from 20 a day to 200,000 in three days.
David Gooder stated the company deliberately favoured a gentler approach against Mr Wensink.
He said: "We get hundreds of infringements around the world and they are all different. At one end of the spectrum is the counterfeiter and the more benign side is the fan of the brand who thinks they are perhaps doing a good thing for the brand when they really are not.
"When it is the latter situation we like to take a step back and have a conversation with them. There is no point using a sledgehammer to crack a nut."
(Excerpt) Read more at telegraph.co.uk ...
Jack Daniels also got a boatload of free positive PR out of this. Well played!
I just love my Jack Daniels.The sweetest whiskey I’ve ever sipped.
Really polite would have included a case of Jack for their troubles!
Jack Daniels most certainly couldn’t brew such a fine whiskey without the help of the Obamadork.
When I was a sipper, I sipped JD right out of the freezer.
As one who has worked with Jack Daniel's on several occasions, I would say that this is an accurate reflection of what the Jack Daniel's company is and what kind of people run it.
Honorable people, honorable company...honest product.
Jack Daniels remains the ONLY hard liquor I actually enjoy.
Reminds me. I need to restock.
And the copies with that cover will be collectors items at some point...
Classy move on JD’s part. If I were that author, I would, in order: 1) Do as they said. 2) Write them a letter thanking them for handling it as they did. 3) Frame theirs and put it on my wall.
I prefer Maker’s Mark myself (or Patron reposado when the budget permits), but Jack is good too. Might have to buy a bottle after this...
Altho JD ain’t bourbon...
First class lawyering, imho. Protected his client without going to court, could not possibly be a better result.
“Altho JD aint bourbon...”
I read recently that JD actually meets the legal requirements to be marketed as “bourbon,” but there is an exemption for products in the Volunteer State to be marketed as Tennessee whiskey instead.
Toured the MM estate / distillery in April.
Wonderful folks, great tour, beautiful country.
Lots of tasting at the conclusion, including a slug of “white lightning” which is only sold on the premises.
Hey, Jack Daniels didn’t make that company! Somebody else did that! Somebody built a road and a bridge near there!....................
-——Jack Daniels didnt make that company! -——
You are correct sir. Lem Motlow built the company
Nothing and I mean nothing beats A.H. Hirsch 16 year old Bourbon. In the past you could buy it for the then dear price of $35 per bottle. Then it jumped to $50 and almost overnight $100 and then $200 per bottle.
A west coast wholesaler now sells it for $1,500 per bottle in a glass-wooden case. Thank goodness I stocked up 20 bottles in the $50-$200 range.
It claims to be the America’s only 5 star bourbon. Oh, the distillery burnt down and there are only a precious few bottles left.
One of the commenters on the Telegraph website was complaining about the “whores from the Olympics Committee” threatening everybody with charges of copyright infringement. My wife belongs to a small on-line group of knitters who unravel old sweaters and such and recycle the yarns in their knitting. They were using the name “Ravel-lympics” and got a nasty cease and desist notice from guess who? What a petty organization.
Now you’ve done it!!
I’ll have to tap into my prized bottle of Gentleman Jack to savor the wonder of it. Neat of course, right out of the bottle.
Jack Daniels themselves scroll down once you log in with your age states "Is Jack Daniel's a bourbon? Jack Daniel's is not a bourbon - it's a Tennessee Whiskey. Jack Daniel's is dripped slowly - drop-by-drop - through ten feet of firmly packed charcoal (made from hard sugar maple) before going into new charred oak barrels for aging. This special process gives Jack Daniel's Tennessee Whiskey its rare smoothness. It's this extra step - charcoal mellowing that makes Jack Daniel's a Tennessee Whiskey."
I've also read that this does not prevent them from being considered Bourbon, as there are some Bourbons that use a similar process. But, I think we should accept what Jack Daniels claims on the subject...
Looks like we need to by some JD the next time we’re at Costco.
I’m not a bourbon fan, and yes, Tennessee whiskey tastes exactly like bourbon, but JD deserves a tip of the hat for this. I might even buy a small bottle the next time I’m picking up some Bushmills.
You’ll never convince me it’s not bourbon. Tennessee whiskey and bourbon taste exactly alike.
Didn’t Jack Daniels used to be 43% alcohol (86 proof)? I haven’t had a drink in 32 years but I do remember that. When did they lower the proof? Was that some lowlife marketing scheme like making the holes in lifesavers bigger to make more profit?
Some years ago I read of a clever chemical engineer who discovered that passing the "white spirits" (run off, straight from the still) through activated charcoal while agitating the slurry with ultrasonic energy (creates microscopic bubbles that expand and contract rapidly, pumping the liquid through the pores in the charcoal) will do in a few minutes what sever years sitting in a charred barrel does. From fermented corn mash to bourbon in less then a day!
He asked for a waver of the current regulation requiring the lengthy aging. The ATF denied his request (one would suspect considerable pressure from existing manufactures).
I'm not sure if that was a win or a loss. I suspect that technology might be considered sinful when speaking of sipping whiskey, but now we'll never know...