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Jimi Hendrix's family sues vodka maker for infringing trademark

Posted : Wed, 07 Mar 2007 13:17:00 GMT
By : Pat Fryer
Category : Legal (General)
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SEATTLE: Experience Hendrix LLC, the family-managed company founded by James Hendrix, father and sole heir of rock legend Jimi Hendrix, has filed a lawsuit Tuesday in the federal court of the Western District of Washington against alleged unlawful use of Jimi Hendrix trademarks by a company promoting a brand of vodka.

The suit has been brought against Craig Dieffenbach and the companies floated by him for allegedly using the Jimi Hendrix brand name in promoting "(Jimi) Hendrix Electric" vodka. The suit alleges that Dieffenbach and his companies are deceiving the public into believing that Experience Hendrix has authorized the use of the brand in the sale of the vodka and other products. The suit also charges Dieffenbach, Electric Hendrix and other companies that he controls with trademark infringement, false advertising and other unlawful acts through marketing a vodka brand as a "Jimi Hendrix family company."

Experience Hendrix has cited an instance of Dieffenbach telling a newspaper, "It's like drinking with Jimi. The drunker you get, the more you think you're with him." It argues that this statement is intended to encourage drinking and drunkenness among Hendrix fans and highlighted how unauthorized use of Hendrix family trade marks has degraded the Jimi Hendrix legacy.

Janie Hendrix, chief executive of Experience Hendrix, and adopted sister of Jimi, described the promotional campaign a "sick joke" because Hendrix's death was tied to alcohol consumption.

She said in a statement Tuesday, "We are gravely concerned that there may be a perception that Experience Hendrix has, in some way, authorized this sale of vodka. As a matter of strict policy, we have never promoted an alcoholic beverage. In view of the circumstances of my brother Jimi's death, this attempt to associate his name with the sale of alcohol beverages amounts to a sick joke."

Electric Hendrix has packaged the vodka in purple-tinted bottles, which have Jimi Hendrix's face and signature above the label.

Dieffenbach maintained that the lawsuit has no legal standing as a federal court in 2005 had ruled that Experience Hendrix does not own the rights to Jimi Hendrix's name and image.

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