It continues: “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.”
It adds that because Mr Wensink is a “Louisville neighbour and a fan of
the brand we simply request that you change the cover design when the book
is reprinted.
“If you would be willing to change the design sooner than that (including
on the digital version) we would be willing to contribute a reasonable
amount towards the cost of doing so.”
The letter came to light after Mr Wensink posted
it on his website. A perhaps not 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 after it was picked up by
several blogs.
He introduces the letter by writing: “What follows is, 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
moustache.”
While Mr Wensink has agreed to change the cover of his book, he will not be
accepting the offer of payment from the company.
He told the Daily Telegraph: “The letter was so warm and kind, I’ve never
heard of a cease and desist letter be so generous.
“We thought this was a parody of their logo and never realised that it
was copyright infringement and never intended for something like this to
happen. We wrote back and said we would absolutely change the cover and told
them please not to bother giving us any money.” David Gooder, the Chief
Trademark Counsel at Jack Daniel’s Properties Inc, told the Daily Telegraph
that the company deliberately favoured a gentler approach against Mr
Wensink.
He said: “We get hundreds of infringements around the world and they are
all different. At one end of the spectrum is the counterfeiter and the more
benign side is the misguided fan, not that Mr Wensink is misguided, but the
fan of the brand who thinks they are perhaps doing a good thing for the
brand when they really are not.
“When it is the latter situation we like to take a step back and have a
conversation with them. There is no point using a sledgehammer to crack a
nut.”
Mr Gooder said that he was pleased the situation had been resolved amicably
but, perhaps shattering the illusion that the company was the antithesis to
the hard-nosed legal world, he warned that they were prepared to take
further action against Mr Wensink and others like him if the dispute is not
resolved to their satisfaction.
“If somebody blows us off or writes back and says take a hike then it
becomes a more formalised dispute and that is unfortunate.”
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