Duke Ellington's Family Sues Over Cognac

by Deidre Woollard (RSS feed)
Aug 6th 2009 at 10:01PM

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.

Tags: cognac, duke ellington, DukeEllington, lawsuit

Filed under: Spirits, Crimes and Misdemeanors

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Reader Comments (Page 2 of 2)

Carolyn Krivit Aug 10th 2009 12:00PM

Who is Duke Ellington? You uneducated backwoods POS Duke Ellington is a national treasure. Just like Frank Sinatra, Count Bassie,Ella Fitzgerald...and many other Jazz performers of earlier times You ignorant putz

Kenny Aug 10th 2009 12:33PM

I just looked on the nobility list, I can't find a duke ellington anywhere! perhaps he stole that title?

Chae-Beth Aug 10th 2009 3:46PM

It really is a shame that so many people have so little to do in their boring lives that they must read these comments. Some of you apparently have no education and even less class...based on word use and phrasiology. Legally, the Ellington family have every right to sue, as there was no contract giving permission to use the Dukes name. Whether they are greedy or not is not a legal issue...it's a moral one. This country is filled with people who want the money without working or paying the price, so why even go there. While using the internet the caption caught my eye, so I read the story, and out of curiosity read the comments. I hope those of you who tried to be funny and only showed your ignorance find another hobby. We need to be positive and productive...to keep our country on top.

Glady Aug 10th 2009 12:33PM

Duke Ellington was an admirable musician, and truly an icon both in his prime through his final years. Ellington's compositions are timeless and are being played even to this day. Many writers only know the name Ellington, because he is of African American heritage. However, he and his son, Mercer, transcended race to win the hearts of the world, not just a few "colored" folks. Those that identify Duke as African American, and his family as shiftless and lazy have no idea how more educated and disciplined they are than any of those writing such obscene thoughts on this commentary.

However, that's what Duke fought through and beyond that, won the hearts of many souls who otherwise felt the same as Steve. Steve and the others who seem to write laws for themselves against others, were the very people that in the final analysis, learned a greater lesson while dixcovering Ellington. Greed is not the issue here. It is the fact that some business felt it fit to promote a name without permission be it African American or Caucasian. What I conjecture is the business, like the "Steves" in this world, thought the family would not object nor would it be able to financially challenge such an egregious act.

rashasbetter Aug 10th 2009 12:38PM

If I was the family, I'd be at least grateful that his name is at least being put on a $150 bottle of cognac, and not some cheap ass tequila.

MrJ0shua Aug 10th 2009 12:42PM

I can't understand why a company would spend big $$$$ on a product and not do the due dilligence required to sell it without trademark infringements?

Marie - A Travolta Fan forever Aug 10th 2009 3:04PM

As long as there are laws regarding copyrights or using someone's "trademark," businesses or persons doing so need to be careful to protect their interests and should get permission to do so and perhaps share a bit of the profits. In the end, the people who make money are the attorneys who help either side of the dispute. Using Duke Ellingston name and especially using his signature implies that his family or estate has given their consent and usually will receive monetary gain. To say that "Duke" was not his real name ... many celebrities use a different name ... that doesn't change the issue. There have been more items sold that bear the name and signature of Elvis Presley and has the seal that it is marketed with the approval of Elvis' Enterprise. The will happen now that Michael Jackson is deceased.

Stella

Real Deal!! Aug 10th 2009 1:05PM

This shows how racist some people r and can't comment fairly on issues. This company chose to use this name already made famous by the late great Duke Ellington to make a profit.

Mel Aug 10th 2009 1:07PM

For those you who just dont get the problem, think this way. What if it was Michael Jacksons name and signature on it and they did not get permission from whomever is running his estate?

Do they deserve the entire profits? Hard one to call, the company basically stole his name and signature. Im sure it would have sold with another name on it, but the company chose to do the wrong thing and should be punished. Good business on both ends would be to come to another agreement and that may happen before or while its in court proceedings.

Penny Aug 10th 2009 1:28PM

Do you idiots know who Duke Ellington was? He was the greatest influential figures in jazz, It is a shame that these people used his name to sell the liquor. And that is why it is a high price crap it has the great name of Duke Ellington on it.

Wayne Aug 10th 2009 1:44PM

Duke Ellington was the greatest composer of his era. But that was a long time ago. So, some people don't know who he was or what he did. No need to call people names. I once dated a young lady and told her I was in Vietnam. She said, " Oh yeah, I read about that in high school." So, time marches on and not everyone is on the same page. And for those who want to politicize or make racial issues of everything; GET OVER YOURSELVES, BIG BABIES!!!!

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?

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