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  1. #11
    Guru
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    Re: White and Proud of it...

    Here's how I think about it. All companies have one goal: to make money. Good ones do everything within the law to make as much money as possible. One way to do that is to have greater marketshare than the competition. One way to do THAT is to have a product that stands out on the shelves. Marker's, more than any of its competitors, has done that. That has made them money. So they are going to do everything in their means to protect that advantage.

    Whether I find that distasteful or not, that's what a company does. A company that doesn't try to make as much money as possible is not a company at all. It's a charity or a social club. As the old saying goes, you can't beat a dog for chasin' his tail.
    bibamus, moriendum est
    Sipology Blog

  2. #12
    Disciple
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    Jan 2009
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    NE OH
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    1,784

    Re: White and Proud of it...

    Sure, those are horrible cases also. The right to own "Wild" or "Yellowstone" is also absurd and the weak standards which our court system allows these things to be challenged on is also an issue.

    But restricting the use of any wax on any beverage with alcohol in it is beyond the pale. I'm simply stating my opinion on the situation and realize that it has little relevance to the law, it's just my opinion on the law and the product. I prefer to be an informed consumer for the most part and enjoy spending my dollars accordingly.

    In this case it means not buying MM and advocating the purchase of a similar product at a lesser price point with similar taste characteristics and not supporting the fancy packaging and marketing campaigns which are not value added features of the Makers Mark product to me as a consumer.
    ~Robert BTOTY #2 2009

    GBS Member - 2011 Indoctrination

  3. #13
    Virtuoso
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    Jan 2007
    Location
    Louisville
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    1,091

    Re: White and Proud of it...

    I don't think it's wax-covered tops in general that Maker's Mark goes after. There are plenty of those. I think it's the dripping wax, which is distinctively MM. And they say they aim for three big drips, not just one.

  4. #14
    Connoisseur
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    May 2005
    Location
    Near York, PA
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    897

    Re: White and Proud of it...

    It comes down to protecting the most stupid elements of society. If you are too dumb, or ignorant to f'in read the label then it is nobody's fault but yours.

    Next we'll have Jim suing Jack for using a square bottle or vice-versa.
    Illuminati in training

  5. #15
    Connoisseur
    Join Date
    Nov 2006
    Location
    North Alabama
    Posts
    577

    Re: White and Proud of it...

    This thread reminds me of my biggest complaint about my enjoyment of all things bourbon. There is something very enjoyable about buying a bottle of bourbon that is artistically packaged, produced in the artisan style and sold for a reasonable price.

    All of that goes out the window when the industry smells big money. It almost appears to me that the marketing strategy and the protection of those singularly identifiable traits on the bottle eclipse all other aspects of producing fine affordable bourbon.

    I don't have problems with them going after market share and enjoying a profit that keeps them in business but dang....does my rear end have to hurt everytime I go for a highly rated good bottle of bourbon. Scotch is much worse that's why I had to give it up. I can no longer afford the mediocre bottles.

    The law is the law but it seems sad that wax drips are now corporate trademarks. Next thing you now they will trade mark red cans of soda.
    Often I am forced to deal with the fact that I prefer bourbon over dealing with facts.

  6. #16
    Guru
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    Nov 2006
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    Northwest of Peoria
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    4,437

    Re: White and Proud of it...

    Quote Originally Posted by AVB View Post
    It comes down to protecting the most stupid elements of society. If you are too dumb, or ignorant to f'in read the label then it is nobody's fault but yours.

    Damn straight!
    ...............

  7. #17
    Advanced Taster
    Join Date
    Dec 2007
    Location
    Parma, OH
    Posts
    144

    Angry Re: White and Proud of it...

    Who is really making the money in these disputes is the lawyers. Win or lose they get theirs. And the corporate giants will always win because of deep pockets as they drain the little guy who is trying to create something new and innovative.

  8. #18
    Virtuoso
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    Jan 2007
    Location
    Louisville
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    1,091

    Re: White and Proud of it...

    Quote Originally Posted by AVB View Post
    Next we'll have Jim suing Jack for using a square bottle or vice-versa.
    The better argument would have been against Evan Williams and Ezra Brooks, both of which, with their square bottles, black labels, and two word proper names, were clearly copies of Jack Daniels.
    Last edited by craigthom; 03-02-2010 at 12:08.

  9. #19
    Bourbonian of the Year 2002 and Guru
    Join Date
    Sep 1999
    Location
    Chicago
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    12,610

    Re: White and Proud of it...

    With trademark law, it is the obligation of the trademark owner to defend the mark. There is no Office of Trademark Enforcement. Naturally, companies with valuable trademarks will alway err on the side of being too aggressive in defense, since being too lax can have expensive consequences.

    Courts are fallible and sometimes make bad decisions. That's why there are appeals courts. Trademark law is often misunderstood by non-lawyers. The potential for consumer confusion is always the key question.

    Although the infringement doesn't have to be deliberate, it often is, and 'clones' or 'knock-offs' have a long tradition in the distilled spirits industry. The trick is to create an imitation that is close enough to get the consumer to at least think, "gee, this looks similar to that (so it might actually be similar) and it's $2 cheaper. I think I'll try it." But is not close enough to support a trademark action.

  10. #20
    Moderator
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    Mar 2008
    Location
    Illinois
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    4,423

    Re: White and Proud of it...

    You just never know about these things. I am originally from Indianapolis Indiana. There is a small town/village on the far north side of Indy. Carmel Indiana. Their high schools sports teams are called the Carmel Greyhounds. A guy opened a bar/pub there called The Greyhound Bar and Grill, or The Greyhound Pub IIRC. The Greyhound bus company pitched a fit and filed a lawsuit. That was that. No more Greyhound Pub. Joe
    " I never met a Weller I didn't like"

 

 

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