Thelonious Monk trademark suit allowed to brew
A brewery’s request to dismiss a trademark infringement claim relating to the late jazz musician Thelonious Monk has been rejected.
District Judge Haywood Gilliam, at the US District Court for the Northern District of California, issued an order denying the brewery’s request on Wednesday January 31.
The son of the late jazz legend, Thelonious Monk Jr, filed the complaint on behalf of his father’s estate in August 2017, requesting that the court prevent California brewery North Coast Brewing from using his father’s name and image to sell Trappist-style ale and merchandise.
Trappist-style ale was originally brewed in Trappist monasteries by and for the monks who lived there.
The musician was known for having a unique improvisational style and helped to develop the style of bebop, the claim said.
His son has argued that he has the right to control the commercial value of his father’s legacy, which includes being able to prevent the unfair exploitation of it.
According to the complaint, Monk verbally permitted the craft brewing company to use his father’s name and image to sell Brother Thelonious Belgian Style Abbey Ale, in exchange for the donation of some profits to the Thelonious Monk Institute of Jazz.
The complaint alleged that Monk then revoked his consent in January 2016 because North Coast was selling at least 17 other items using the “name, image, and likeness” of his father, such as cups, clothing and computer accessories, without compensating the Monk estate.
North Coast said the agreement was one of “mere consent” rather than that of a “trademark licence”, which “cannot be withdrawn” as a matter of law. It argued that because of this, there cannot be any trademark infringement.
The brewery also claims to have donated more than $1 million to the Thelonious Monk Institute of Jazz since 2006.
According to the complaint, “the harm caused to the Monk estate has been irreparable”.
North Coast’s motion to dismiss was filed in November 2017 and was opposed by Monk Jr in December.
Citing the ruling in McFarland v Miller, Gilliam found that the lawsuit should proceed as “it is more than plausible” that Monk has a right to “control the commercial value and exploitation” of his father’s persona.
Speaking to WIPR, Mark Ruedrich, president of North Coast, said he is "disappointed" that the court did not dismiss the claims.
He continued: "We are eager to proceed to litigation to reveal the facts underlying these meritless claims."
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