Daniel Hynes

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Jack Daniel's friendly cease & desist letter

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In most cases of copyright infringement, the standard response of those whose intellectual property has been stolen is to send a threatening legal letter, warning that they are prepared to sue unless their demands are met.

But, as their advertisement campaign suggests, the people at Jack Daniel's are a little more laid back."

"The letter reads: "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 continues: "As an author you can certainly understand our position and the need to contact you. You may even have run into similar problems with your own intellectual property."

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.""

""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 misguided fan, not that Mr Wensink is misguided, but 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.""

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Guest Wednesday, 12 May 2021