Hendrix Estate Agrees To Use Of ‘Purple Haze’ For Booze
Source: Law360
By Kevin Penton
January 30, 2017
A Georgia federal judge on Friday signed off on a deal between the estate of rock guitarist Jimi Hendrix and a distribution company, laying out how alcohol bottles with themes related to the late musician may be sold.
Tiger Paw Distributors LLC and several related entities and individuals may sell booze containing titles of Hendrix’s songs such as “Purple Haze” and “Voodoo Child” and may include references on the bottles’ labels to Hendrix, but the references must have a relatively smaller typeface and may not infer any endorsement, sponsorship or affiliation with the guitarist’s estate, according to the order signed by U.S. District Judge J. Randal Hall.
Terms such as “Jimi,” “JH,” “Jimi Hendrix” or “Hendrix” may be included, but not spelled with all capital letters and must only refer to the guitarist’s music or songs, according to the order.
The deal also calls for Tiger Paw never to seek to register any trademark that would either directly or indirectly use Hendrix’s name, image or likeness, and for the company to delete videos on its website or on social media that would otherwise violate the terms of the agreement, according to the order.
The estate, known as Experience Hendrix LLC, and its music licensing arm, Authentic Hendrix LLC, kicked off the case in March, when they sued Tiger Paw and the related entities and defendants for federal trademark infringement and unjust enrichment, according to the complaint.
The estate of Hendrix – who died at the age of 27 after taking a large amount of barbiturates – decided at its 1995 establishment that it would not license its Hendrix marks or music in connection to drug- or alcohol-related products, according to court documents.
Around 2014, Tiger Paw began to promote Purple Haze Liqueur, marketed as a “mildly sweet and unique blend of vodka, cognac and exotic berries,” according to a company statement.
Counsel for the parties could not immediately be reached for comment on Monday.
Experience Hendrix is represented by Jason C. Pedigo of Ellis Painter Ratterree & Adams LLP, Dorothy M. Weber of Shukat Arrow Hafer Weber & Herbsman LLP, and Michael O. Crain of Crain Law Group LLC.
The defendants are represented by Todd M. Baiad and Benjamin W. Karpf of Bouhan Falligant LLP.
The case is Experience Hendrix LLC et al. v. Tiger Paw Distributors LLC et al., case number 4:16-cv-00107, in the U.S. District Court for the Southern District of Georgia.