The Jerry Greaney Band (formerly Southern Comfort). If you’re an idiot or a trademark lawyer, you mistook them for a bottle of whiskey. Photo by Mike Beitchman.

About a month ago, the Bay Ridge band formerly known as The Southern Comfort Band changed its name under relentless pressure from the liqueur maker’s lawyers. Long-time readers of BK Southie know my feelings toward trademark lawyers (they suck suck suck and should sue themselves for being such parasitic drags on Western society). There’s just no way that Southern Comfort Company was in the right here. But what’s a local band to do when one of the Omnicorps of the world picks a fight with them? Enter the newly-rechristened Jerry Greaney Band.

Guitarist Eddie Sarkis sent the above photo to Southern Comfort’s bloodthirsty mercenaries lawyers to prove that the band had changed their name. Sadly, it looks like they are still every bit the Lifetime Achievement Douchebags we originally thought them to be. Quote the lawyers:

On a related note, the image included in your most recent email depicted a group of people standing in front of what we assume is the new band banner. The banner appears to be a knock-off of the Jack Daniel’s whiskey bottle label. In addition to representing Southern Comfort Properties, Inc., we also represent Jack Daniel’s Properties, Inc. (“JDPI”), the worldwide owner of the JACK DANIEL’S trademarks and the Jack Daniel’s bottle trade dress. You may not have realized that your use of this design constitutes an infringement of our client’s rights and must also be discontinued.

Please confirm that you will discontinue all use of this design on the banner and elsewhere immediately. If we do not receive such confirmation, we will have no choice but to recommend to JDPI that it consider further action to protect its rights. We hope that will not be necessary.

It all makes sense to me now. Here, all this time, I thought these were staff lawyers (like the ones I used to deal with at Seagram Americas) trying to (1) fill time in between real legal issues, (2) maybe score a free web site domain name for their troubles, and (3) no, really, they need to look busy, or else the department head is going to start thinking they can save on headcount.

Knowing that this is an outside law firm makes it clear to me that this is a racket for billable hours. No more, no less. In recommending legal action to Jack Daniels, they have no concern for protecting their client’s interests, only in bilking them for a few more shekels.

P.S. The Jerry Greaney Band will be at the Bally Bunion (3rd Avenue @ 95th Street), next Friday, April 23. 10pm. Officially designated as a Trademark-Lawyer-Free Zone.

 

alcohol

(photo: iStockPhoto)

This is an older news item, but I wanted to put in my two cents, because of The Very Special Place In My Heart™ that belongs to trademark lawyers. (Spoiler alert: I hate trademark lawyers.) (Hates them, precious, yes, we hates them!)

The Brooklyn Paper sez:

Bay Ridge’s beloved Southern Comfort — a rock band best known for its versions of Southern-fried classics by Lynyrd Skynyrd, the Allman Brothers, and the Outlaws — has been ordered to shelve its moniker by the makers of a frat-house booze that owns the copyright.

I have a theory about trademark lawyers. I think that trademark lawyers were young, Machiavellian hot shots that fancied themselves after Tom Cruise in The Firm (or Tom Cruise in anything, really). And then realized those kinds of jobs required (a) an Ivy law degree, (b) a family connection, and (c) the sale of one’s soul to the slime of the world (wait, that one probably wasn’t the deal-breaker), and they got stuck lawyering trademarks to pay off their student loans.

Courts have upheld the rights of copyright owners in cases when other businesses’ use of the same name confuses the public, so [Southern Comfort™ Brand liqueur's] legal argument is fairly routine.

I have another theory about trademark lawyers. They’re underworked. Oh, if you ask one, they will vehemently disagree, but they only feel busy because they invent so much work for themselves. There aren’t enough legitimate trademark issues or infringements to make up a full time job, so to pass the time, they suck the life out of the spirit of the law and pick stupid fights over non-existent infringements. Like this one.

“The Southern Comfort brand has a strong connection with music, and the public associates the Southern Comfort brand and its products with music,” lawyer Jill Jacobs said in a Sept. 2 letter to the band’s guitarist, Eddie Sarkis.

Uh, no, it doesn’t.

“Your band members’ use of ‘Southern Comfort’ in your band’s name … is likely to cause the public to mistakenly believe that you are associated with, authorized by, or sponsored by Southern Comfort Properties when they are not.”

Uh, no. It won’t.

Seriously, Southern Comfort™ Brand liqueur. We know your alcohol makes us stupid, but it doesn’t make us thaaaat stupid.

The spirit of the law here is that another beverage company cannot make, say, a soda, and call it Southern Comfort. Nor can the sweatshops of Chinatown distill a cheap knockoff, put a Southern Comfort-looking label on it, and sell it on Canal Street. The idea that Southern Comfort™ Brand liqueur equals music is the construct of a bored trademark lawyer’s imagination. I hate trademark lawyers. I hate hate hate hate hate hate hate them.

(BK Southie expects to hear from Southern Comfort™ Brand liqueur’s trademark lawyers about this blog. Yeah, well. First Amendment’s a bitch, isn’t it, y’all?)

All content © 2009-2012 Brian Hedden unless otherwise noted. All rights reserved. For more, see Terms of Use and Privacy Policy. Suffusion theme by Sayontan Sinha