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scoutship
02-18-09, 07:59 PM
Judge orders Hendrix Vodka pulled from shelves, $3.2 million settlement

By Sara Jean Green (http://search.nwsource.com/search?sort=date&from=ST&byline=Sara%20Jean%20Green) Seattle Times staff reporter


The makers of a specialty vodka named after famed Seattle rocker Jimi Hendrix have been ordered by a federal judge in Seattle to pay $3.2 million in damages for infringing on trademarks and licensing rights owned by the late guitarist's estate.


The judgment ends a bitter legal battle that was sparked after local businessman and developer Craig Dieffenbach and Hendrix's half-brother, Leon Hendrix, began marketing Electric Hendrix Vodka in 2005. In addition to the family name, the purple-tinged bottles also bore "an older" image of Jimi Hendrix with a large Afro.


Bottles of Electric Hendrix Vodka must also immediately be pulled from liquor-store shelves and all advertising and marketing of the spirit must cease, according to the permanent injunction that was issued by U.S. District Court Judge Thomas Zilly on Feb. 12. He gave the vodka company 10 days to comply with the order.


In his ruling, Zilly permanently barred Electric Hendrix from commercially using, advertising or challenging the trademarks and logos controlled by Experience Hendrix and Authentic Hendrix, two companies owned by the Hendrix estate. Zilly also barred the vodka company from registering identical or "confusingly similar" trademarks to those owned by the estate, according to court documents.


Zilly initially ruled in the estate's favor in October, but Dieffenbach filed an appeal with the 9th Circuit Court of Appeals, court documents say. The two sides entered a settlement agreement in December, and Dieffenbach's appeal was voluntarily dismissed. The matter returned to Zilly's court, where he issued a permanent injunction and awarded $3.2 million in damages.


The lawsuit, filed in 2007, ends another battle in a long, bitterly fought dispute between different factions of the Hendrix family over the estate.
Because Jimi died without a will, his estate went to his father, Al Hendrix.
Janie Hendrix inherited control of the guitarist's estate when Al Hendrix, her adoptive father, died in 2002. Leon Hendrix, who was cut out of the will by his father who apparently grew tired of his requests for money, took Janie to court in 2004 for a cut of the $80 million estate. Dieffenbach funded Leon's court battle.


A King County Superior Court judge ultimately denied Leon's claim but also removed Janie, who inherited the bulk of the estate, as trustee for some other beneficiaries because she violated her financial responsibilities to them.


Last week's court ruling was more clear-cut and Janie Hendrix claimed a legal victory in a news release issued by her Los Angeles publicist.
"Mr. Dieffenbach has been held accountable for his unlawful actions and prohibited from ever again infringing [on] our Jimi Hendrix trademarks," Janie Hendrix, CEO of Experience Hendrix, said in the release. "This judgment recognizes our family's long-standing commitment to preserve the Jimi Hendrix legacy and artistic vision."


When the lawsuit over Electric Hendrix Vodka was first filed, Dieffenbach told The Seattle Times that partying, clubbing and drinking vodka was an excellent way to honor the spirit of Jimi Hendrix. But Janie Hendrix countered that using the rocker's image to sell alcohol amounted to a "sick joke."


Jimi Hendrix was drinking and using drugs when he choked on his own vomit and died in London in 1970.

Seattle Times (http://seattletimes.nwsource.com/html/localnews/2008757174_webhendrix18m.html)

ilovejimi
02-18-09, 08:03 PM
http://i59.photobucket.com/albums/g297/Twigolas/hendrixvodka.jpg

scoutship
02-18-09, 08:03 PM
It was a topic of discussion on a couple local (Seattle) radio stations today, one guy defending Leon's attempt to reap something ("I think Jimi would be cool with it, he wasn't a G-rated guy," he said) a la Janie, who, he strongly emphasized on-air, though a nice person in his experience, was adopted by Al and is in no way a blood relative of Jimi or the family otherwise.

ilovejimi
02-18-09, 08:08 PM
FWIW- I dont agree with Leon selling Vodka and I dont agree with Janie selling red wine-- they are exploitive and disrespectful to Jimi' legacy. :wave:

TwoAlpha
02-19-09, 12:18 AM
This message is hidden because stplsd is on your ignore list (http://www.crosstowntorrents.org/profile.php?do=editlist)


I'm ok with the music related stuff, pedals etc. Using his name and image to sell vodka, wine, etc. is low rent, in my opinion.

MourningStar
02-19-09, 01:15 AM
^
oh my ... should i stop wearing my Jimi Hendrix pj's?

BURTCOBAIN
02-19-09, 03:18 AM
i'll drink to the above comments . .probably a nice earl grey these days . .

stplsd
02-19-09, 06:22 AM
be nicer if they started selling 'Jimi Hendrix' weed, or shrooms!

MourningStar
02-19-09, 10:15 AM
be nicer if they started selling 'Jimi Hendrix' weed, or shrooms!In honor of this landmark occasion I suggest we all drop a tab of 'Purple Haze'.

http://i394.photobucket.com/albums/pp25/JimiFreak/ART/1215766250751-1.gif

boldaslove
02-19-09, 01:55 PM
I don't see it as disrespectful to sell vodka using Jimi's image. If Jimi would be alive he probably would have done the same, or didn't he like vodka? Okay, I can see the point of problem by using his image on red wine, because of the way he died, but about the vodka.....I don't see the problem.

Jenny

hyper_hippie
02-19-09, 02:48 PM
MourningStar said

oh my ... should i stop wearing my Jimi Hendrix pj's?And I would have to replace all my underwear! Where am I going to find replacement psychedelic shorts?

Ain't gonna fly.

manfree
02-19-09, 03:05 PM
When all said and done, I`d Love to own a bottle of Jimi Vodka {and even some PJ`s}

jamminjimi
02-19-09, 03:20 PM
"This message is hidden because stplsd is on your ignore list"

????

ilovejimi
02-19-09, 07:00 PM
I don't see it as disrespectful to sell vodka using Jimi's image. If Jimi would be alive he probably would have done the same, or didn't he like vodka?

Jenny COME ON!!!

stplsd
02-19-09, 07:27 PM
In honor of this landmark occasion I suggest we all drop a tab of 'Purple Haze'.

http://i394.photobucket.com/albums/pp25/JimiFreak/ART/1215766250751-1.gif


magic picture man

MourningStar
02-19-09, 08:51 PM
COME ON!!!Oh ... yeah. Seems this is a sensitive issue with some. Let's be realistic. I say "Live it or live with it." Maybe Jimi would to ("... so let me live my life the way I want to."). This debate reminds me of putting the blame on song lyrics for justifying homicides, wreckless sex, yada yada, blah blah woof woof .... anything to defer one's own responsiblitiy/accountability. Suck it up! ... and as the saying goes "pass it on ..."




http://img.photobucket.com/albums/v667/XiKano/EMOTSMILEY/PassItOn.gif

ilovejimi
02-19-09, 11:50 PM
Chill out dude- and take another hit of acidhttp://i100.photobucket.com/albums/m37/tlaf_2006/asshole.jpg

boldaslove
02-20-09, 09:55 AM
COME ON!!!

What exactly is so disrespectful about selling vodka with Jimi's image on it?

Jenny

dino77
02-20-09, 09:58 AM
What exactly is so disrespectful about selling vodka with Jimi's image on it?

Jenny

Gee, he died of alcohol. The combination of alcohol and pills.
Isn't that "disrespectful"? Then I don't know what is.
Of course, everybody started cashing in as soon as Hendrix died,
so it's nothing new. "Crash Landing"/"Midnight Lightning" is even more sickening than a bottle of vodka, I guess.

MourningStar
02-20-09, 10:10 AM
Of course, everybody started cashing in as soon as Hendrix died, ....Oh, it started way before that!

boldaslove
02-20-09, 10:31 AM
Gee, he died of alcohol. The combination of alcohol and pills.
Isn't that "disrespectful"? Then I don't know what is.
Of course, everybody started cashing in as soon as Hendrix died,
so it's nothing new. "Crash Landing"/"Midnight Lightning" is even more sickening than a bottle of vodka, I guess.

Jimi died of alcoholism?

IIRC, he took sleeping pills with red wine, but there was little alcohol found in his blood. The red wine problem I understand, but does that mean that any alcohol would remind you of the way Jimi died? I mean, is vodka in any way related to Jimi's death because it's alcohol?

Jenny

TwoAlpha
02-20-09, 12:39 PM
stplsd

Appreciate your action in deleting those two posts, just removed you from my "I" list.

Cheers