Companies go to great lengths to protect their trademarks. The standard response for copyright infringement is to send a letter from a lawyer and threaten to sue. But the people at Jack Daniel's, one of America’s most iconic brands, opted for true southern hospitality toward Patrick Wensink, an obscure Louisville-based author of a new satirical novel, Broken Piano For President .
When lawyers of the popular whiskey brand spotted the cover of the book, it looked suspiciously like the famous black and white label used on bottles of Jack Daniel's. But rather than issue threats, the
The letter from Jack Daniel’s attorney Christy Susman 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… 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.
Jack Daniel’s letter isn’t even asking Mr. Wensink to take his book off the shelves immediately. Instead, the company just wants him to change the cover when it’s reprinted. While Mr. Wensink has agreed to change the cover of his book, he will not be accepting the offer of payment from the company.
The letter came to light after Mr. Wensink posted on his website. As the story went viral, one unforeseen consequence has been a host of publicity for his new novel. The book went to the top of the Amazon satirical books chart and was the number six bestseller overall. His website hits jumped from 20 a day to 200,000 in three days.
“I was on vacation when the it arrived,” Mr. Wensink said about the letter. “I was drinking whiskey actually, though not JD because I’m a writer and can’t afford top-shelf stuff.”
What is most telling about the letter perhaps, was that it was written by a courteous human being who cared about civility. Well done, old No. 7, just like your Tennessee Whiskey.
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