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Thelonious Monk Estate Sues North Coast Brewing Over Brother Thelonious Merchandise
San Francisco Chronicle ^

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 rescinded that permission upon realizing that the brewery was using Monk's likeness and name on brewery merchandise (which as of this writing is still on sale) and in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 ...


TOPICS: Business/Economy; Food; Music/Entertainment
KEYWORDS: ale; bop; hardbop; jazz; pianotheloniusmonk

1 posted on 08/31/2017 4:31:11 PM PDT by nickcarraway
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To: nickcarraway

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.


2 posted on 08/31/2017 4:38:12 PM PDT by mjustice (Apparently common sense isn't so common.)
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To: nickcarraway
The lawyers can sort it out. All I know is that Thelonious Monk was a very gifted eccentric.


3 posted on 08/31/2017 4:39:56 PM PDT by Artemis Webb (Maxine Waters for House Minority Leader!!)
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To: Artemis Webb

Did they copyright that name ? I mean Thelonius is just a name.

Steely Dan has better lawyer up.


4 posted on 08/31/2017 4:46:56 PM PDT by Celerity
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To: nickcarraway

Sounds like an interesting case, but I’d rather have the defendant brewery’s side.

Unwritten agreement.

10 years with no objection (one of the better cases for the oft pled, seldom successful laches defense).


5 posted on 08/31/2017 4:48:32 PM PDT by PAR35
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To: Celerity
Thelonius is just a name, though a very very uncommon one. But they also use his image:


6 posted on 08/31/2017 4:50:36 PM PDT by Artemis Webb (Maxine Waters for House Minority Leader!!)
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To: nickcarraway

Straight, no chaser please.


7 posted on 08/31/2017 4:56:51 PM PDT by dainbramaged (Get out of my country now)
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To: Celerity
North Coast Brewing Co. is proud to partner with the Thelonious Monk Institute of Jazz in support of Jazz education. The Brewery makes a donation to the Institute for every bottle of Brother Thelonious Belgian Style Abbey Ale sold.

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.

Idiots.

8 posted on 08/31/2017 4:57:32 PM PDT by x
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To: Celerity
Okay, I just read the article and realized it's more complicated than that.

Still can't help thinking this could have been avoided.

9 posted on 08/31/2017 4:59:26 PM PDT by x
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To: mjustice

Statute of frauds - agreement for more than $500 must be in writing to be enforceable.


10 posted on 08/31/2017 5:01:18 PM PDT by jagusafr
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To: Celerity
Steely Dan has better lawyer up.

I'd hate to stuck in the middle.

11 posted on 08/31/2017 5:04:28 PM PDT by Calvin Locke
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To: nickcarraway
Will he go after Helen Sung next for her piece titled Brother Thelonious?
12 posted on 08/31/2017 5:24:23 PM PDT by Robert DeLong
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To: nickcarraway

Rename it Brother Felonious and tell the Monk family to “bite me.”


13 posted on 08/31/2017 5:28:58 PM PDT by SharpRightTurn (Chuck Schumer--giving pond scum everywhere a bad name.)
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To: nickcarraway
Today I saw Karbach/InBev/Budweiser using Salvador Dali's image (appropriated from a famous photo of Dali) for advertising. I question whether the painter or the photographer's estates gave clearance.

It was a cardboard point of sale piece.

I think it used this Philip Halsman picture.


14 posted on 08/31/2017 5:30:56 PM PDT by a fool in paradise (Did Barack Obama denounce Communism and dictatorships when he visited Cuba as a puppet of the State?)
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To: Calvin Locke

“Steely Dan has better lawyer up.”

With a cough, I’d shake it off...


15 posted on 08/31/2017 6:04:06 PM PDT by moovova
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To: nickcarraway

Is Rasputin’s family going to sue them also over their imperial stout?


16 posted on 08/31/2017 6:22:15 PM PDT by o-n-money (We should rename California to Newer Mexico.)
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To: PAR35
10 years with no objection

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.

17 posted on 08/31/2017 6:41:48 PM PDT by AndyJackson
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To: nickcarraway

Never liked his music...


18 posted on 08/31/2017 8:50:51 PM PDT by Crucial
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To: nickcarraway
If no reasonable agreement can be reached just change the name to Felonious Punk and use a pic of Looter Guy or Debbie Wasserman Schultz.
19 posted on 09/01/2017 5:31:54 AM PDT by Liberty Valance (Keep a Simple Manner for a Happy Life :o)
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