Skip to comments.Thelonious Monk Estate Sues North Coast Brewing Over Brother Thelonious Merchandise
Posted on 08/31/2017 4:31:11 PM PDT by nickcarraway
Jazz drummer T.S. Monk, the son of jazz great Thelonious Monk and administrator of the late pianist's estate, filed a lawsuit Tuesday against Fort Bragg, Calif.-based North Coast Brewing Company over its popular abbey ale, Brother Thelonious. North Coast has been brewing Brother Thelonious for over ten years.
The lawsuit states that the Monk estate had given verbal permission to North Coast to use Thelonious Monk's image in the sale of the beer in exchange for the brewery's agreement to donate some profits to the Thelonious Monk Institute of Jazz, a nonprofit jazz education program with locations in Washington D.C. and Los Angeles.
However, as the lawsuit states in an attached letter dated January 2016, Monk Jr. rescinded that permission upon realizing that the brewery was using Monk's likeness and name on brewery merchandise (which as of this writing is still on sale) and in signage during beer and jazz festivals. The estate's lawyer stated in the letter to North Coast's legal representation that permission to use Monk's image would only be reinstated if and when the brewery entered into a licensing agreement with the Monk Estate.
(Excerpt) Read more at sfgate.com ...
Yet another example of why verbal agreements are sketchy. “Some profits” should have been spelled out in a licensing agreement between the brewery and the estate. I hope they can work it out.
Did they copyright that name ? I mean Thelonius is just a name.
Steely Dan has better lawyer up.
Sounds like an interesting case, but I’d rather have the defendant brewery’s side.
10 years with no objection (one of the better cases for the oft pled, seldom successful laches defense).
Straight, no chaser please.
So they made a deal with the "Thelonious Monk Institute of Jazz" and announced it on their website but didn't get the family on board.
Still can't help thinking this could have been avoided.
Statute of frauds - agreement for more than $500 must be in writing to be enforceable.
I'd hate to stuck in the middle.
Rename it Brother Felonious and tell the Monk family to “bite me.”
It was a cardboard point of sale piece.
I think it used this Philip Halsman picture.
“Steely Dan has better lawyer up.”
With a cough, I’d shake it off...
Is Rasputin’s family going to sue them also over their imperial stout?
And - the deal breaker under most statutes of frauds - it was supported by consideration - donation of some profits to the Thelonious Monk Institute of Jazz. Presumably the Brewery can show that it made such payments on an arguably reasonable and regular basis.
Never liked his music...
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