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You can buy a Jack Daniels T-shirt with the label printed on it. Presumably, no one thinks they can drink a T-shirt, but the product is produced by (or at least
by ianferrel 13y ago
You can buy a Jack Daniels T-shirt with the label printed on it. Presumably, no one thinks they can drink a T-shirt, but the product is produced by (or at least licensed by) Jack Daniels.
- CWuestefeld 13y agoIf the controversy were over copyrights (presumably JD holds a copyright on their label), where the book cover reproduces that copyrighted work, then I'd get it. The T-shirt would be subject to the same copyright concerns, and need to license the image. But the referenced letter explicitly says it's a trademark issue. I can't see how consumers are potentially confused between a book bearing a particular product on its cover, and that product itself.
- ianferrel 13y agoIf the average person understood the vagaries of intellectual property law and the distinction between copyright and trademark, then a swoopy design that looks a lot like the Jack Daniels label wouldn't cause confusion in the marketplace.