By Daniel Davidson
The goodwill of a company is its most valuable asset, and when you think of goodwill you think of trademarks. Well, maybe not, but McCarthy, the guru of trademarks, would. In a recent letter authored by a senior trademark counsel for Jack Daniel’s, the strength and goodwill of the Jack Daniel’s marks were exactly what she was attempting to preserve.
Dubbed the “Nicest Legal Letter Ever,” the cease and desist letter sent to Patrick Wensink ever so nicely asked Mr. Wensink to remove the alleged infringing cover of his newly released book, Broken Piano for President. The cover is very old no. 7ish.
It seems as though both parties are going to benefit from this overly kind assertion of trademark rights. The new author is getting quite the free PR from this letter going viral and Jack Daniel’s is being held ahigh for their gracious tactics. Trademark attorneys could even take a note on how to go about trademark policing. Albeit, the letter does make for a good read, and an unrealistic example of what you would receive if you were trademark infringing perp.