TIL Jack Daniels sent a cease & desist letter to an author who blatantly mimicked their label for his book cover 2 years ago, but instead of being angrily demanding, Jack Daniels offered to pay for the cost of reprinting the book

TIL Jack Daniels sent a cease & desist letter to an author who blatantly mimicked their label for...

In other news, Apple recently sued Jack Daniels for having rounded edges on its bottles.

This is excellent advertising. Makes me want to go and get drunk to support their brand.

Door bolts prove "slide to unlock" pre-dates even phones

I always wondered, if a "non-apple" phone has a touchscreen feature, how does apple suggest it be unlocked?

"No, you can't swipe, that's our thing."

"But... but it's touch screen"

"You can do, i dunno, long press or something... or don't even touch the screen"

"But it's touch screen! .... ok, ok, say we choose long press, no swiping at all, what about the next guy who makes touchscreen phones? What should he use if he can't swipe and he can't copy what we do?"

"He can stop even thinking about making a touchscreen phone. That's what."

Considering the state of online advertising, this whole article might be an ad.

I don't know anything about law, but I'm on reddit so...  

Looking at the book cover wouldn't it be covered regardless by some parody law? I mean the author isn't trying to sell the book by fooling customers into believing it's the famous whisky; it's a book, with pages, not glass containing alcohol. I could understand the infringement if the Jack Daniel's likeness was duplicated on a competing liquor, rather than, a book. 

Some examples of artworks (books, movies etc.) that come to mind and borrow heavily from business intellectual property include, 

Nightlight, a Twilight parody

What to expect when you're expected, a parody of what to expect when you're expecting

The social network, not a parody, but simulating facebook's blue background and typeface

Another good example provided by /u/fleetber, 'Still Life with Woodpecker', which borrows heavily from the Camel Cigarettes box design

So if Patrick Wensink, chose not to comply with the cease and desist, did Jack Daniel's have any legal ground to stand on? 

EDIT: I just checked out the Amazon page for the book and it seems that the author is still running the same artwork. That's weird. Although I love their tagline "The international bestseller at the center of the "World's Nicest Cease and Desist" from Jack Daniel's."

I don't know anything about law, but I'm on reddit so...

Looking at the book cover wouldn't it be covered regardless by some parody law? I mean the author isn't trying to sell the book by fooling customers into believing it's the famous whisky; it's a book, with pages, not glass containing alcohol. I could understand the infringement if the Jack Daniel's likeness was duplicated on a competing liquor, rather than, a book.

Some examples of artworks (books, movies etc.) that come to mind and borrow heavily from business intellectual property include,

What to expect when you're expected, a parody of what to expect when you're expecting

The social network, not a parody, but simulating facebook's blue background and typeface

Another good example provided by /u/fleetber, 'Still Life with Woodpecker', which borrows heavily...

So if Patrick Wensink, chose not to comply with the cease and desist, did Jack Daniel's have any legal ground to stand on?

EDIT: I just checked out the Amazon page for the book and it seems that the author is still running the same artwork. That's weird. Although I love their tagline "The international bestseller at the center of the "World's Nicest Cease and Desist" from Jack Daniel's."

You act as if IP protection is the goal here... it isn't. It's trying to cut the legs out from under your competition in any way possible. They all do it it's just that Apple tends to be much more aggressive than most.

If Apple had it's way, that would be full extent of Samsung's contribution to the market.

Not a lawyer either but from my understanding, outside of where you live one of the factors is the content/reasoning of the parody. The examples you gave all at least make some kind of a commentary on the source material. I don't know what Broken Piano For President is about but if the Jack Daniels logo was chosen for a reason along the lines of "It looks cool" then I don't think it would fly.

Hm, never thought of it that way. I sincerely hope Samsung lawyers thought to bring up that analogy.

I mean I have nothing against IP protection, but i thought it odd that it was the slide to unlock idea that was deemed protected, instead of the specific design (e.g., iphone has the sliding barrel design, samsung doesn't) and the code used to achieve it.

Copyright isn't subject to 'defend it or lose it', only trademark is.

Granted, this is a trademark (and/or trade dress), so JD was legally required to act. Thankfully they seem to be one of the few companies in the world that understands 'act' does not start and end at 'sue into oblivion without so much as asking first'.

You're right about the state of online advertising, but I remember when this was too fresh to be in TIL (when the news first broke). It made it around lots of marketing and advertising circles about how to properly handle infringement claims. It's legit.

I have some, as the one-time owner of "ILoveJackDaniels.com", until receiving a similar letter. IIRC, at the time, my site had more traffic than the Jack Daniels, Jim Beam and Jonnie Walker sites. Combined.

As I was told by the lawyers I spoke to (this shouldn't be constituted as legal advice to anyone else - I'm not a lawyer and everyone's situation is different) - whether or not you are right in a situation like this, it will cost you a fortune - more than most people can afford - to fight it. In my case, whatever the outcome, I couldn't afford to have the fight, and the domain certainly wasn't worth enough to warrant it.

It ended up OK though - I moved domain (to addedbytes.com) and they gave me some time to redirect traffic, ask people to update links, etc.

If you were curious, I drink Bulleit or W.L.Weller now.

Jack Daniels also is legally required to defend its intellectual property or it's trademarks and copyrights are no longer applicable

Fun fact: Jack Daniels was originally a bootleg ripoff of Evan Williams, hence their nearly identical bottle shapes, label designs, and historical marketing. People oddly assume the opposite happened.

Personal responsibility. I drink all the time and i am super successful.

Where the fuck is my 10 year chip for drinking responsibly for 10 years.

They also contacted my company and asked nicely if I would take down a tshirt design I had for sale on my website. They are the only company EVER to ask nicely. I was happy to oblige them.

Jack Daniels ripped off the branding for Evan Williams a looooooong time ago, because they could fool illiterate drinkers into buying Jack, an inferior product. The Jack label looks like the EW label, not vice versa.

protecting your brand without being an asshole?

TL;DR - People smoke because it makes their brain work better, not because it gets them high.

Smoking doesn't do shit

What? You're incredibly wrong.

First, nicotine is a potent antipsychotic, which is why 90%+ of schizophrenics smoke.

Although subjects with schizophrenia have lower β2*-nAChR availability relative to comparison group, smokers with schizophrenia appear to upregulate in the cortical regions. Lower receptor availability in smokers with schizophrenia in the cortical regions is associated with a greater number of negative symptoms and worse performance on tests of executive function

Source

We demonstrate that chronic oral, but not acute injections of nicotine can selectively attenuate phencyclidine-induced increases in impulsivity without affecting other measures of attention. This suggests that nicotine use by schizophrenics may provide some relief of distinct symptoms that involve impulsive behaviors.

Source

It makes you more driven to complete tasks.

CONCLUSION: The findings suggest that NIC increases incentive motivation and that this effect is long-lasting, persisting beyond the pharmacological effects of NIC.

Source

It makes you happier, by activating your μ-opioid receptor (MOR).

CONCLUSIONS: Increased MOR availability in amygdala may underlie the motivation to smoke for negative affective relief. These results are consistent with previous data highlighting the role of MOR neurotransmission in smoking behavior.

Source

Oh, did I mention nicotine makes you more intelligent?

Experiment 1 compared ITs in smoking (0.8 mg nicotine cigarette), sham-smoking, and no-smoking conditions. IT was significantly shorter in the smoking condition as compared to both the no-smoking or sham-smoking conditions, suggesting that nicotine enhances early information processing.

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The effect of smoking on these tasks was also measured giving significant improvement in performance on both the reaction time tasks.

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We therefore hypothesised that nicotine is acting to improve intellectual performance on the elementary information processing correlates of IQ. In the current experiment we tested this hypothesis using the Raven Advanced Progressive Matrices (APM) test. APM scores were significantly higher in the smoking session compared to the non-smoking session, suggesting that nicotine acts to enhance physiological processes underlying performance on intellectual tasks.

Source

I haven't even gotten into the harmala alcoloids in tobacco that mildly inhibit MAO, increasing the subjective strength of other drugs (the reason so many people smoke when they drink) and producing mild anti-depressant effects.

To say that smoking has no beneficial effects is ridiculous.

EDIT: Oh, shit. I forgot to add that smoking cuts your risk of getting Parkinson's and Alzheimer's IN HALF.

More recently, two other neurological diseases have been studied in relation to smoking: Parkinson’s disease (PD) and Alzheimer’s disease (AD). Many epidemiological studies have found a highly significant negative association between cigarette smoking and these two neurodegenerative disorders. The risk of AD or PD in nonsmokers has generally been about twice that of smokers.

Source

Edit 2: Added a TL;DR

Samsung makes parts for iPhones.

Yeah, but this time he was happy.