It appears that the folks at the Jim Beam distillery may have been sampling some of their fine Old Crow bourbon. In any event, they once again find themselves being sued for trademark infringement. (See our previous blog, A Sober Investment) (Rare Breed Distillery LLC v. Jim Beam Brands Co.)
Rare Breed, the producer of Wild Turkey whiskey, has allegedly used the phrase “Give Them the Bird” in advertisements for this excellent beverage since 2006. As further alleged, in 2009, this phrase evolved to “Give ‘Em the Bird.” (This apparently has a completely different connotation than “Flip ‘em the bird” or “Give them the one finger salute.”) A year later, Jim Beam, again allegedly, began using the phrase in its Old Crow advertisements.
Given the nature of the respective goods – whiskey and whiskey – we can perceive that confusion might occur. Certainly, after a few drinks, we have become confused about lots of things. Nevertheless, we find it deplorable that these two firms are engaged in what may well be costly litigation. A prompt settlement would save both parties lots of money and they could then reduce the price of their products. Here’s hoping they take the hint.