101–110 of 112 posts
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AFAIK, Talisker is run by Diageo. A lot of Scotch whiskies are owned by bigco's, just like the American ones.
Urgh you're right, forgot about that...
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The first amendment has nothing to do with this, as far as I know. The question of parody is entirely in the realm of copyright/trademark law. Can you give more information about how parody is defined in the context of fair use here? My understanding is that Weird Al would be completely within his rights to make all of his parodies without permission from the original artists, and that he only seeks there permission…
In Campbell v. Acuff-Rose Music Inc. the 'live2 crew' won on their parody of "Pretty Women", because they were making a comment on the original song. While family guy lost "when you wish upon a weinstein" because they merely appropriated the "when you wish upon a star" song to comment America's stereotype of Jews. But they weren't saying anything about the song. Basically I can parody your work to make a comment on i…
Besides being polite this letter provides two remedies that are unusual, and I think there might be a potential third that would make these cases much less contentious. First off, it doesn't demand a removal of the book for sale, but merely requests that the next printing have a different cover. That's a huge step forward, and since the need here is to protect the trademark ability of the brand, outrageous demands re…
Rather than trade-mark, this falls more under trade-dress, but otherwise, the same ideas apply. By not objecting, JD might be seen by some as endorsing or promoting the book in question.
If the book were a parody or critique of Jack Daniels, then fair use might apply. If it were satire (and Jack Daniels is not the target), then fair use is less likely to be upheld.
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Yeah, I'm a scotch man myself (get that "e" out of me whisky), largely because of taste but I do also like the fact that so many great scotches come from family-owned distilleries - of course, even "family-owned" can be a big company with lots of money, but it's still nice that most of them aren't huge companies. Edit: worth pointing out that there are a bunch of independent distilleries in America, which I'm led to…
It doesn't help much that you're required to be licensed in the US to distill spirits at all (beer/wine brewing sans license is legal to a point, think a few states might disagree though), and the regulations involved make setting up shop a bit more difficult than setting up a still in the garage.
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Yeah, I'm a scotch man myself (get that "e" out of me whisky), largely because of taste but I do also like the fact that so many great scotches come from family-owned distilleries - of course, even "family-owned" can be a big company with lots of money, but it's still nice that most of them aren't huge companies. Edit: worth pointing out that there are a bunch of independent distilleries in America, which I'm led to…
I'm a whiskey person (I drink a lot of rye) and I'm not intended to disparage the distilleries because of their parentage. I think a lot of them got rolled up in the 70s and 80s. Heaven Hill and Sazerac put out some pretty great stuff.
Edit: given the Wondrich reference further down it seems that you are. I've decided that cocktails have an appealing relationship to programming: they're arcane procedures that require specialized knowledge, but unlike software they're done in five minutes and they make you drunk.
I can only remember seeing Ben & Jerry's doing this with a C&D request before, but I'm sure there have been at least a couple more companies willing to forego "more effective" intimidation for the "small" chance of creating an ally. It seems to me to have more to do with an overwhelmingly strong culture in those companies to be great at what they do rather than beating everyone else at what they do. Kudos to Christy Susman and anyone else that gave her the freedom to make these choices instead of taking the "easy" way. It gives me hope.
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I'm a whiskey person (I drink a lot of rye) and I'm not intended to disparage the distilleries because of their parentage. I think a lot of them got rolled up in the 70s and 80s. Heaven Hill and Sazerac put out some pretty great stuff.
Rye? Are you a cocktailian? Edit: given the Wondrich reference further down it seems that you are. I've decided that cocktails have an appealing relationship to programming: they're arcane procedures that require specialized knowledge, but unlike software they're done in five minutes and they make you drunk.
Besides being polite this letter provides two remedies that are unusual, and I think there might be a potential third that would make these cases much less contentious. First off, it doesn't demand a removal of the book for sale, but merely requests that the next printing have a different cover. That's a huge step forward, and since the need here is to protect the trademark ability of the brand, outrageous demands re…
Is it possible to license a likeness, though? Notice the logo was mimicked here, not copied. It is clearly not actually a JD logo.
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First, Jack Daniels is not bourbon; it's Tennessee whiskey. Second, if you're going to tell people to drink Evan Williams, at least point them towards the single barrel. It lacks most of the abrasive industrial solvent characteristics of the black label, and if I recall correctly it's still typically cheaper than JD.
Are you saying you like Jack Daniels more than Evan Williams Black Label? I am happy to have provided the opportunity for someone to draw the distinction between "Tennessee whiskey" and "Bourbon", that written point being a regulatory requirement for all message board discussions regarding whiskey. :)