Jack Daniel's: Finally, a Nice Cease-and-Desist Letter

BizCom in the News readers may recall the U.S. Olympics Committee's recent cease-and-desist letter to knitters, which didn't go over too well. This time, we have a much more polite example of a legal attempt to stop a trademark violation.

The Jack Daniel's letter addresses a violation of its whiskey label on this book cover. Comparing the two, we see obvious similarities in color, borders, and some of the text.

 Jack Daniels

The full letter includes this excerpt:


The book author acknowledged that the letter was nice:

"...perhaps, the most polite cease and desist ever written. If it wasn't signed by some lawyer, I'd imagine ol' Gentleman Jack penning it himself, twirling his bushy mustache."

 However, he didn't take the company's offer to reprint the book:

"In case you're wondering, no, my publisher, Lazy Fascist Press, will not be taking them up on their offer. We're proudly independent and don't need any of that sweet corporate booze money to redo the cover."

Discussion Starters:

  • What risks does a company such as Jack Daniel's take in writing a non-traditional legal letter?
  • Can you find the modifier problem in the letter excerpt? How can you fix it?