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The Whiskey Rebellion

brokenpianoforpresident.com

1–10 of 112 posts

Re: The Whiskey Rebellion

#5
It baffles me why more companies can't be like this. Surely some testing could provide data on success ratio of sending "friendly" c&d letters versus the normal threatening kind. I suspect people are much more likely to play nice in this kind of scenario (especially when the reason for the c&d is not as strong), but why not at least put it to the test?

Re: The Whiskey Rebellion

#6
I wonder if they wrote such a friendly cease-and-desist letter to Rockbaren in Gothenburg, Sweden. According to the new owner of the night club, this had already been played out between the old owner and JD. Seems not!

http://www.goteborgdaily.se/news/jack-daniel-s-to-sue-gothen... http://www.rockbaren.com

Re: The Whiskey Rebellion

#7

It baffles me why more companies can't be like this. Surely some testing could provide data on success ratio of sending "friendly" c&d letters versus the normal threatening kind. I suspect people are much more likely to play nice in this kind of scenario (especially when the reason for the c&d is not as strong), but why not at least put it to the test?

And if the infringer doesn't reply to the 'friendly' request, the 'threatening' one can certainly still be sent, with the same effect as if it were sent initially.

Re: The Whiskey Rebellion

#8
post #4

not as nice as they were in the case of ilovejackdaniels.com: http://www.addedbytes.com/blog/what-happened-to-ilovejackdan...

In April of 2008, the people responsible for the Jack Daniel's trademark contacted me and asked me to stop using the name "ILoveJackDaniels", and URL "ilovejackdaniels.com", for my site, and to change the logo.

They asked "Dave" to stop using the trademark and he did. Seems nice to me, unless you have evidence of strong-arm tactics that Dave didn't discuss on that page.

Re: The Whiskey Rebellion

#9

It baffles me why more companies can't be like this. Surely some testing could provide data on success ratio of sending "friendly" c&d letters versus the normal threatening kind. I suspect people are much more likely to play nice in this kind of scenario (especially when the reason for the c&d is not as strong), but why not at least put it to the test?

There might be misaligned incentives at play here. I'd bet that in a lot of cases lawyers have a strong inventive to settle those things in court.
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