Duke Ellington's Family Sues Over Cognac
Way back in 2006 we mentioned that a cognac using Duke Ellington's name was going to be launched but now three years later his family has filed a federal lawsuit in New York. The family of the music legend says that Harbrew Imports used the name "Duke Ellington XO Cognac" without getting proper permission to use Duke's name and signature on their product. The Ellington estate says that a negotiation was attempted but never completed and they want all profits earned on the $150-per-bottle liquor. This case reminds me a little bit of the case of Electric Hendrix vodka, a vodka bearing the likeness of Jimi Hendrix. Earlier this year, a federal judge in Seattle ordered the makers of the vodka to pay $3.2 million in damages for trademark infringement. In that case the vodka was pulled from the shelves but in this case it seems like the cognac is already nearly impossible to find.
Reader Comments (Page 1 of 2)
dfrost Aug 9th 2009 2:26PM
I SUPPOSE IT'S THE "SAME OLD SONG" WHEN IT COMES TO GREED--
lsteve10007 Aug 9th 2009 12:44PM
I hope they get counter sued and lose, they need to get off their lazy butts and work.
Bossidy Aug 9th 2009 1:39PM
Hey Steve.... You should be the one to get off your fat lazy ass and get a real life.... and a real job. The Duke Family has EVERY right to get permission for something like this.... but a simple mind, like yourself, really can't understand business deals.... You're a major LOOOSER Steve.. Go back to sleep...maybe you won't wake up.
kanicello Aug 9th 2009 1:47PM
hey, steve! do you even know these people that you've decided are lazy? One is the wife of a relatively well-known opera star who is now retired, worked his butt off for YEARS both performing and teaching. Part of the job of receiving a legacy is protecting family assets. Without a doubt, the name "Duke Ellington" IS an asset, and what gives anyone else the right to steal that property from someone else?
Carole Aug 10th 2009 2:12PM
Did you actually read the whole story or just part of it? If you had read the article, you would of seen the part where a negotiation had started between the Ellington Estate and the company of the cognac. It said that the deal was not completed, and nothing was finalized and legally signed. The cognac company went ahead anyway and used the "Duke Ellington" name and his signature to promote their cognac for $150.00 a bottle. So all in all, the Ellington Estate has every right to pursue this case due to the fact they did not obtain the complete permission to use the "Duke Ellington" name and signature. There was no finalization of the agreement and nothing signed by the Ellington Estate allowing this cognac company to move forward with this venture. I believe that the Ellington Estate has every right to go after this cognac company and to seek financial damages as well as any profits made by this cognac company. It would be like someone using "Elvis Presley's" name to promote their product but not obtaining legal permission to do so. How would you feel if someone used your name to promote something that you did not agree on or signing a contract stating that you agree to let them use your name to promote something. Yes the company that did what they did was illegal and they should be punished in whatever way the judge who is handling this case sees fit. Maybe that company will think twice about doing something like that again, and for that matter, any other company from doing something like that in the future. Does that make sense to you now?
Robert L. Gonzales Aug 9th 2009 1:56PM
Lsteve ----when you die your estate belongs to your beneficiary. In this case the estate obviously belongs to the beneficiaries and noone else should profit from it just like noone but yours should profit off yours.
MARY Aug 9th 2009 1:58PM
'HEYYYYYY JUST LEAVE *STEVE ALONE.,
Bossidy Aug 9th 2009 2:10PM
Hey Mary....Go do the dishes, clean the house and bend over to satisify me...Thats all your duties are in life...REMEMBER THAT BEAST !!!!
kevin Aug 9th 2009 2:21PM
so these folks think they deserve all profits from these congac cause it had the name of some dead guy on it .so thier say the stuff sold just on name alone . it's sale had nothing to do with flavor ,aroma ,taste or quality.all have to say is the money must be running low & they lose & no even bother using the name of these dead nobody .
robin Aug 10th 2009 6:43AM
I don't doubt that it is possible the Ellington family should not deserve some royalties from the selling of the duke ellingtion congac. But the problem I see in this case compared to the other case of Hendrix is that congac was around before Duke Ellington first of all. and second of all The company did not use Duke Ellington legal name on the liquor. Duke was his nick name, his real name was Edward also you can not copyright a name. Whereas with the Hendrix issue they actually created a bottle that looked like Jimmy Hendrix. and Jimmy had establish his name and his look as a trademark which Duke never did. So I really don't think they will win this one.
sdingus Aug 10th 2009 8:10AM
they not only used his name it was a copy of his signature ok its just wrong
SweetPea Aug 10th 2009 8:31AM
If these companies were smart they would add in the contract that if said person dies the company retains sole rights and that would eliminate being sued by beneficiaries. But lets face it, there will always be people that will fight for the last penny and you would too if it was a member of your family and you were being cut out of the profits. On the other hand at $150.00 a bottle, only the weathly could afford that price.
John Aug 10th 2009 8:17AM
Um, Sassytxn12, What do you know about Duke Ellington's offspring? Is your comment resultant from legitimate reporting or just the railings of an inbred with a bad attitude? Duke Ellington was a national treasure. He was the most prolific songwriter in the history of American music. His descendants have every right to protect the name. Legally, the name represents a specific individual and is subject to litigation if the name is violated outside of a contract. Go back under your rock.
Gabby Parsons Aug 10th 2009 8:26AM
Sassy...
Calling one of the greatest musicians in the world and his children " trash" just shows you to be a racist, pure and simply. You probably also believe President Obama was born in Kenya.
windmanbwa Aug 10th 2009 6:19PM
Obama was born in Kenya, he travelled to Pakistan on a foreign passport (renouncing American Citizenship) while there was a ban on US citizens allowed to travel to that country, he attended Occidental College and received financial aid for foreign students (because he applied with his foriegn passport), he also attended a Muslim orientated school in Indonesia that only taught to Indonesian citizens or of muslim faith. SOO, while the commentor may be a low life thinking his off-spring was trash, he would not be so erred in judgment to think Obama was born in Kenya; [even if Obama wasn't born in Kenya, he renoucned American Citizenship and is inelligible to take position of the President of the USA, so he might as well have been born in Kenya].
walkin07 Aug 10th 2009 9:33AM
LOL Sweatpea. The wealthy are drinking $150 A GLASS liquors; they can afford it because there were few contracts with artists back in Duke Ellington's day. This is a case of faux riche branding. Not being a cognac drinker, I couldn’t tell how good this liqueur is, but I doubt that it’s top shelf.
EJ Aug 13th 2009 2:52PM
Walking 7 - Why would you assume that it's not top shelf, because you wouldn't buy or you never heard of it? Well guess what at $150 a bottle I doubt that you even know what top shelf is. If these companies want to use a name that will sell, then do it the right way.
Joe Laberge Aug 10th 2009 9:54AM
Why not split the profits from every bottle sold and everyone wins. Not just the lawyers.
wisdom4578 Aug 10th 2009 10:01AM
Would have been better to ask then just do it. Why do people think they can get away with this and nothing will happen...Happy Birthday to my son today he would have been 27 yrs old. I love you David. www.money-burge.com
earsstinks Aug 10th 2009 10:46AM
TYPICAL---ware my free stuff ?