John Daly, Chill Out and Have A John Daly
by Ryan Ballengee on Sep 24, 2010 1:59 PM EDT
in Pro Golf
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PrintThe first time I ever heard of sweet tea-flavored vodka, I knew it had the potential to be a revolutionary alcoholic ingredient. Teamed up with lemonade, it could produce an improved Arnold Palmer - the combo of sweet tea and lemonade that had been referred to that long before Palmer, IMG, and Arizona Tea all got into bed together.
The name was quickly born. The John Daly. Only fitting, right?
(It's at this point that I should acknowledge there's an insensitivity to many of Daly's personal substance abuse issues in the name. But it's an obvious choice just as much as naming a sandwich with glazed donuts used as bread the Phil Mickelson.)
Apparently, several years after the release of the vodka, invention of the drink, and the cultural cementing of its name, John Daly is none too happy about it.
Understandable, I guess. I mean, we did talk about his issues with drinking and that the name is insensitive.
Wait. What's that? He's made because he considers it trademark infringement? John Strege has the recap on Big John's tweets. He sent two.
For all my fans out there hittin the bars & events I'm lookin for your help--ANY PRINTED MENUS, BANNERS OR ADS promoting the "John Daly" drink--Can you please bring to my attention with a pic and/or a tweet of the bar location & brand of sweet tea! Thanks for lookin out!
when distributors are putting their Vodka Bottle Label on Point of Sale w/my name & w/out authorization in order to sell it-TradeMark Infrin
So, it comes down to money? It has nothing to do with being permanently enshrined in libations lore as an alcoholic with the like of Tom Collins and the entire Manhattan tribe?
Well, Daly has a point - sort of. According to the US Patent and Trade Office, John Daly Enterprises has a trademark on his name and its use with golf equipment and alcoholic drinks. The thing is, Daly filed the claim to the USPTO this week on Monday.
He's had the trademark for five days and he's getting ready to sue anyone who is using his name. That, my friends, is a money making scheme.
For what it's worth, my wife and I had the John Daly as a signature drink at our wedding. We called it "Fit to a Tee." It was delicious.
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Vodka swims rather well in ice, shaken or stirred, then in a martini glass with a twist of lemon. For adventure, let the glass look (but not touch) a bottle of vermouth.
Vodka also co-habitates nicely with tonic water, ice and a lime.
Your mileage may vary, of course. If it does, I have a Russian pro hockey player friend that will gladly trade “chuts of wodka russian style” with you. :-)
by Charles Boyer on Sep 24, 2010 2:48 PM EDT up reply actions
Mr Ballengee – we here at John Daly Universal would like to thank you for including the name “John Daly” © in your post, but we will be invoicing you ten (10) uses of the trademarked name, plus the insert of the legal document (even though it is one of ours).
We thank you in advance for your prompt payment (if inside of 30 days, you will receive a coupon for 10 Hooters wings).
"this ball will fit in that fairway"
It’s one thing to mix a drink in a bar and call it by someone’s name. It’s another thing to label bottles or advertisements with someone’s name because a person’s name on the packaging of something implies endorsement.
I’m in 100% agreement with him on this one. His name is his own and he should have a say about where it’s used to make money, especially if it gives the appearance of endorsement or affiliation.
Does a trademark apply AFTER the fact?
I think too that it is a difficult thing to trademark your name and make it stick.
John should realize that he is not going to stamp this out and calling attention to it will only make the name more indelible.
by Charles Boyer on Sep 24, 2010 2:50 PM EDT up reply actions
Probably Not
But if I created a product and plastered someone’s famous name on it, I’m getting sued 100 times out of 100, whether that person has their own name trademarked or not.
I’m guessing he’ll sue after acquiring the trademark simply because it provides more ammo to fight with. And it remains to be seen whether it will even be profitable for him, or whether he’s just going to try and get people to cease and desist. I’m not sure he can get anything from anyone operating before the trademark was his, but I just don’t know.
Of course, he might just come out with his own bottled stuff, so who knows. I would be surprised if he went and got a trademark just so he could sue himself into some easy cash. I’d be less surprised if he just wanted to clear the market of stuff with his name on it, or even just clear it to put his own stuff out there.
Either way, I go back to what I said before. It’s his name and should be able to decide where it gets used with respect to products and stuff like that.
by Double Eagle on Sep 24, 2010 3:10 PM EDT up reply actions
I don’t disagree with his right to protect his name and profiteering from its use. Just kind of funny it took him several years to figure it out. Then the second he has the trademark, he’s ready to sue.
Find me! Email: ryan@thegolfnewsnet.com, Twitter: http://twitter.com/waggleroom, or Facebook: http://facebook.com/waggleroom.
by Ryan Ballengee on Sep 24, 2010 2:53 PM EDT up reply actions
I'm with JD on this one as well.
You can bet your last dollar that if it was the Phil Mickelson or Tiger Woods the lawyers would be lined up at the MFG’s front door.
"pain is only weakness leaving the body"
Daly's will lose this one
If Skyy (or any other vodka manufacturer) decided to mix its product with sweet tea and lemonade, then bottle it and sell it under the name John Daly, he’d have a point. But that’s not going to happen. If Skyy made the product and called it some totally unrelated name, Daly would probably find a way to sue because the drink has been culturally given his name and he should derive some financial benefit.
"(I)f you think you've got an inside track to absolute truth, you become doctrinaire, humorless and intellectually constipated." Saul Alinsky
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