legal threat from Jack Daniels

Little or nothing to do with distillation.

Moderator: Site Moderator

Uncle Jesse
Site Admin
Posts: 3950
Joined: Wed Apr 21, 2004 3:00 pm

Re: legal threat from Jack Daniels

Post by Uncle Jesse »

I modified the text to read:
Here is one recipe for Tennessee-Style whiskey. With practice, you will be able to produce a high quality product comparable to the better Tennessee-style whiskeys on the market, such as George Dickel.
If only the best birds sang, the woods would be silent.
Bayou-Ruler
Distiller
Posts: 1703
Joined: Sun Jun 06, 2010 4:50 pm
Location: SW Louisiana

Re: legal threat from Jack Daniels

Post by Bayou-Ruler »

:roll: :roll: :roll: :roll: :roll:
Bayou Ethanol
Ethanol Fuel Producer

AFP-LA-15027
http://www.BayouEthanol.com" onclick="window.open(this.href);return false;" rel="nofollow
Uncle Jesse
Site Admin
Posts: 3950
Joined: Wed Apr 21, 2004 3:00 pm

Re: legal threat from Jack Daniels

Post by Uncle Jesse »

I like George Dickel!
If only the best birds sang, the woods would be silent.
User avatar
LWTCS
Site Mod
Posts: 13027
Joined: Mon Jan 26, 2009 6:04 pm
Location: Treasure Coast

Re: legal threat from Jack Daniels

Post by LWTCS »

Uncle Jesse wrote:I like George Dickel!
:lol:
Trample the injured and hurdle the dead.
Gr8brewer

Re: legal threat from Jack Daniels

Post by Gr8brewer »

I've seen this kind of letter before. Back in 95 a brewery I worked for in Boston received a letter from the city of Munich stating that we could not us the Name Munich to describe Munich Lager. They said we were implying that it was brewed in Munich. I don't think we changed the name either and i think the letter got circular filed as well.

As far as the JD formula goes is there really anyone out there who got into distilling because they wanted to make JD. I cant imagine there are too many.
Coon-ass
Swill Maker
Posts: 171
Joined: Mon Aug 16, 2010 7:31 pm
Location: South Louisiana

Re: legal threat from Jack Daniels

Post by Coon-ass »

Gr8brewer wrote:I've seen this kind of letter before. Back in 95 a brewery I worked for in Boston received a letter from the city of Munich stating that we could not us the Name Munich to describe Munich Lager. They said we were implying that it was brewed in Munich. I don't think we changed the name either and i think the letter got circular filed as well.

As far as the JD formula goes is there really anyone out there who got into distilling because they wanted to make JD. I cant imagine there are too many.
I wanted to make Evan Willams :D
Laissez les bon temps rouler!
Uncle Jesse
Site Admin
Posts: 3950
Joined: Wed Apr 21, 2004 3:00 pm

Re: legal threat from Jack Daniels

Post by Uncle Jesse »

I've tried quite a few products from JD and all of them give me a headache after a shot or two. I've had the "next day" headache from Evan Williams but I like it too. I remember finding a fifth of George Dickel for $14 or something and it was very drinkable.
If only the best birds sang, the woods would be silent.
King Of Hearts
Distiller
Posts: 1503
Joined: Wed Jul 21, 2010 2:09 pm

Re: legal threat from Jack Daniels

Post by King Of Hearts »

Coon-ass wrote:
Gr8brewer wrote:I've seen this kind of letter before. Back in 95 a brewery I worked for in Boston received a letter from the city of Munich stating that we could not us the Name Munich to describe Munich Lager. They said we were implying that it was brewed in Munich. I don't think we changed the name either and i think the letter got circular filed as well.

As far as the JD formula goes is there really anyone out there who got into distilling because they wanted to make JD. I cant imagine there are too many.
I wanted to make Evan Willams :D
Elmer T Lee to tells you how they make Buffalo Trace on their website. http://www.buffalotrace.com/elmer.html" onclick="window.open(this.href);return false;" rel="nofollow
cob
Master of Distillation
Posts: 2691
Joined: Sun Jul 26, 2009 4:38 pm
Location: little puffs of dust where my feet used to be

Re: legal threat from Jack Daniels

Post by cob »

Uncle Jesse wrote:I like George Dickel!
+1
i have suffered the fickle finger of dickel....seem to remember some gallons of mint julip...and something about wrestling a black bear cub. :esurprised:
hope the changes settle their hackles back down, and put their wrath on some other track. cob
be water my friend
Kentucky shinner
Master of Distillation
Posts: 3017
Joined: Tue Jan 19, 2010 8:04 pm
Location: Paradise? Western KY

Re: legal threat from Jack Daniels

Post by Kentucky shinner »

Coon-ass wrote:
Gr8brewer wrote:I've seen this kind of letter before. Back in 95 a brewery I worked for in Boston received a letter from the city of Munich stating that we could not us the Name Munich to describe Munich Lager. They said we were implying that it was brewed in Munich. I don't think we changed the name either and i think the letter got circular filed as well.

As far as the JD formula goes is there really anyone out there who got into distilling because they wanted to make JD. I cant imagine there are too many.
I wanted to make Evan Willams :D
I wanted to make Uncle Robs Kentucky Bourbon ( All of my Nephews and nieces call be Uncle Rob :wink: . Why that ever got started I dont know but it is not the name I go buy) I like making my own likker, don't even try to copy another brand.. :D
Kentucky shinner
Master of Distillation
Posts: 3017
Joined: Tue Jan 19, 2010 8:04 pm
Location: Paradise? Western KY

Re: legal threat from Jack Daniels

Post by Kentucky shinner »

Kentucky shinner wrote:
Coon-ass wrote:
Gr8brewer wrote:I've seen this kind of letter before. Back in 95 a brewery I worked for in Boston received a letter from the city of Munich stating that we could not us the Name Munich to describe Munich Lager. They said we were implying that it was brewed in Munich. I don't think we changed the name either and i think the letter got circular filed as well.

As far as the JD formula goes is there really anyone out there who got into distilling because they wanted to make JD. I cant imagine there are too many.
I wanted to make Evan Willams :D
I wanted to make Uncle Robs Kentucky Bourbon ( All of my Nephews and nieces call me Uncle Rob :wink: . Why that ever got started I dont know but it is not the name I go buy) I like making my own likker, don't even try to copy another brand.. :D
Attachments
Country 1ltra.jpg
Last edited by Kentucky shinner on Wed Oct 13, 2010 5:37 pm, edited 2 times in total.
father william
Swill Maker
Posts: 194
Joined: Tue Mar 17, 2009 5:44 pm

Re: legal threat from Jack Daniels

Post by father william »

IANAL, but I can understand why the JD people are a bit touchy about this stuff. It's not so much about putting out a copycat formula that is or isn't accurate is a problem. It's more about property rights.

For example, when a copyrighted word like 'Xerox' becomes commonly used to describe a generic process ("Hey Fred, go Xerox 50 copies of this"), copyright protection is lessened for the holder. If you're familiar with the real estate concept of adverse possession, failure to assert property rights results in loss of property rights. There are other examples.

If y'all want to get in a pissing contest with them, go ahead, but my advice would be to retreat gracefully and move on. The board is a lot more important than one knock-off recipe. Frankly, I think it's pretty cool they know we're out here, trying to make better product than they do.

Just my $0.02.
If stupidity got us into this mess, then why can't it get us out?

Will Rogers
King Of Hearts
Distiller
Posts: 1503
Joined: Wed Jul 21, 2010 2:09 pm

Re: legal threat from Jack Daniels

Post by King Of Hearts »

Uncle Jesse wrote:I've tried quite a few products from JD and all of them give me a headache after a shot or two. I've had the "next day" headache from Evan Williams but I like it too. I remember finding a fifth of George Dickel for $14 or something and it was very drinkable.

Check this out, yer right UJ. http://tastings.com/search_spirits.lass ... oreForSort" onclick="window.open(this.href);return false;" rel="nofollow
User avatar
Husker
retired
Posts: 5031
Joined: Thu Aug 17, 2006 1:04 pm

Re: legal threat from Jack Daniels

Post by Husker »

The references claiming to be able to replicate a trademarked product have been scrubbed.

The changes were to a couple java-script menu files, and a couple htm pages. These have been sent to Dave. He will have to install them, but I figure that will happen shortly. The 'static' menu has been fixed for a while, all that was left was the dynamic java-script menu.

I have not read the pdf request in depth, but I believe this is all they were wanting. That claim to it being 'their' secret recipe to that commercial product has been removed. It is now just listed as Tennessee Style Whiskey.

H.
Hillbilly Rebel: Unless you are one of the people on this site who are legalling distilling, keep a low profile, don't tell, don't sell.
ScottishBoy
Distiller
Posts: 1283
Joined: Wed Oct 21, 2009 9:53 am
Location: Just underneath this group of pixels...;)

Re: legal threat from Jack Daniels

Post by ScottishBoy »

Their claim was that there were several mistakes and omissions...so I'm thinking we left out the part where they keep the heads and the tails and pee in the maple charcoal before they "mellow" it...

Oh wait...I was advocating for pro social behavior...nevermind.

;)
ScottishBoy
HD Survival in a Nutshell...
Read.Search.Listen.Ask for feedback, you WILL get it. Plastic is always "questionable". Dont hurry. Be Careful. Dont Sell,Tell, or Yell. If you wouldnt serve it to your friends, then it isnt worth keeping.
rad14701
retired
Posts: 20865
Joined: Wed Dec 19, 2007 4:46 pm
Location: New York, USA

Re: legal threat from Jack Daniels

Post by rad14701 »

In all honesty, it isn't a list of ingredients that makes a product as the recipe is only one piece of the puzzle... Now, if the entire process had been posted, fairly close to the steps they take, then they would have more of a case... But it's still better to not tempt fate and just remove what little they find threatening...
SuburbanStiller
Swill Maker
Posts: 163
Joined: Tue Oct 12, 2010 11:11 pm

Re: legal threat from Jack Daniels

Post by SuburbanStiller »

http://www.copyright.gov/fls/fl122.html" onclick="window.open(this.href);return false;" rel="nofollow
Copyright law does not protect recipes that are mere listings of ingredients. Nor does it protect other mere listings of ingredients such as those found in formulas, compounds, or prescriptions. Copyright protection may, however, extend to substantial literary expression—a description, explanation, or illustration, for example—that accompanies a recipe or formula or to a combination of recipes, as in a cookbook.
I would be interested to know if Mr. Jack Daniels' copyrighted his formula. If so, it would be in the public domain by now.

As an aside, our poor Copyright Office gets enough inquiries to answer this question in its FAQ:
How do I protect my sighting of Elvis?
http://www.copyright.gov/help/faq/faq-protect.html" onclick="window.open(this.href);return false;" rel="nofollow
LWTCS wrote:Recon i am an intermet lilker geek
User avatar
Husker
retired
Posts: 5031
Joined: Thu Aug 17, 2006 1:04 pm

Re: legal threat from Jack Daniels

Post by Husker »

I do not think copyright has anything to do with it. Trademark is the issue.

We had "Jack Daniel Black label" as the recipe. The recipe is not the problem. It is CALLING it the recipe for a trademarked product.

H.
Hillbilly Rebel: Unless you are one of the people on this site who are legalling distilling, keep a low profile, don't tell, don't sell.
King Of Hearts
Distiller
Posts: 1503
Joined: Wed Jul 21, 2010 2:09 pm

Re: legal threat from Jack Daniels

Post by King Of Hearts »

I don't think recipes are or can be copyrighted. You sort of let the cat out of the bag if you do. Names and labels are. KFC allegedly keeps their recipe in a vault, and only a few people ever seen it.
Mr.Spooky
Distiller
Posts: 1868
Joined: Tue Mar 03, 2009 7:12 pm

Re: legal threat from Jack Daniels

Post by Mr.Spooky »

delete this if need be,,,,,,,,, but you know your doing something right when a HUGE corp. is trying to bully a few guys in their garage. :roll: :roll: :roll: :wink:
spooky
4" plate column >>>[/color] the flame that burns twice as bright only burns half as long
father william
Swill Maker
Posts: 194
Joined: Tue Mar 17, 2009 5:44 pm

Re: legal threat from Jack Daniels

Post by father william »

I don't think recipes are or can be copyrighted. You sort of let the cat out of the bag if you do. Names and labels are. KFC allegedly keeps their recipe in a vault, and only a few people ever seen it.
Trade secrets can be kept indefinitely if they are indeed kept secret. KFC is one example, the formula for Coca Cola is another. They abound in the booze world, the recipe for Chartreuse is one example.

Patents are awarded for disclosure, not for invention. It's a common misconception.

Copyright in the US has been extended far beyond any reasonable lifespan due to the lobbying of large corporations like Disney. Mickey Mouse should have entered the public domain years ago but probably never will.
If stupidity got us into this mess, then why can't it get us out?

Will Rogers
User avatar
Husker
retired
Posts: 5031
Joined: Thu Aug 17, 2006 1:04 pm

Re: legal threat from Jack Daniels

Post by Husker »

This issue should be put to bed now. There is no reference to "this is the JD Black Label Recipe", or flavoring technique, etc, anywhere on the site. The recipes are still there, they simply are not named JD like they were before, and the shortcuts both on the static and dynamic menus, and page 'hyperlink' names, do not reference JD.

This was their problem. It has been addressed while the contents of the site have been preserved.

Hopefully, this will be the last on this issue.

H.
Hillbilly Rebel: Unless you are one of the people on this site who are legalling distilling, keep a low profile, don't tell, don't sell.
Post Reply