the humble libertarian

out of many one

I Moved To:
Poor Richard's
Libertarian Report

See You There!

Saturday, April 7, 2012

How Drunk Would You Need To Be To Confuse Jack Daniel's With Cayman Jack?

Booze Wars?
Apparently JDPI, the company behind Jack Daniel's whiskey, has no trademark inhibitions. Through LexisNexis we learn that Mark Anthony International, another alcohol company, has filed a lawsuit (pdf and embedded below) seeking declaratory judgement that they can obtain and use the trademark "Cayman Jack", after JDPI disputed their trademark application and sent them a legal threat. Quick, look at these two bottles....How hurried and moronic would you have to be to get them mixed up? Yes, they both use the name "Jack". If a customer is drunk enough to confuse the world's best selling whiskey with a "margarita-flavored malt beverage", they are probably well past the point of distinguishing individual words ...Hopefully the court sees that there's no chance of confusion here and grants them their declaratory judgement—but as we've seen in similar cases, some judges prefer to feed the ownership culture by granting companies total control over simple symbols and words.
Read the rest here
Tech Dirt