Court Issues Temporary Restraining Order in "Jack Daniel's" Spring Water Case

Hearing on Preliminary Injunction Set for July 9

July 3, 2001, Louisville, KY, -- Jack Daniel's Properties, Inc., a wholly-owned subsidiary of Brown-Forman Corporation, announced today that the United States District Court for the Central District of California in Los Angeles has issued a Temporary Restraining Order (TRO) against Aubryn International Inc., Aubryn's CEO R. Bruce Harris, Goram Properties, LLC, and Gorham's CEO Jack E. Daniels.

In ruling that "immediate and irreparable harm will occur to Jack Daniel's Properties, Inc. (JDPI) if a TRO is not granted," the court ordered the defendants restrained and enjoined for a period of 10 days from using the trademark or personal name "Jack Daniels" or any other imitation of JDPI's registered JACK DANIEL'S mark "on or in connection with the manufacture, advertisement, promotion, offering for sale, sale, or distribution of any goods, including, without limitation, any bottled spring water, the advertisement, promotion, offering for sale, sale, or rendition of any services, the advertisement, promotion, offering for sale, sale or distribution of any securities, or the conduct of any business."

The court also enjoined the defendants from using any name that includes both "Jack" and "Daniels" in any advertisement, promotional material, press release, offering statement or circular, prospectus, Internet website, investor relations communication or correspondence, or other corporate communication or correspondence directed to members of the public, regarding the defendants' goods, services, stock, or commercial activities.

In addition, the court instructed the defendants to advise Richard Spradling, RS Market Alert, Inc., and Market News Alert and other such commercial investment services that they must make no further reference to "Jack Daniels" in any additional advertisements, promotional materials, press releases, publicity, offering statements or circulars, prospectuses, investor relations communications or correspondence regarding the defendants' goods, services, or commercial activities pending a further order from the court.

JDPI's motion for a preliminary injunction will be heard July 9 in the United States District Court for the Central District of California in Los Angeles.

JDPI filed suit last month against the defendants for infringing its famous JACK DANIEL'S Tennessee Whiskey trademark. In the suit, JDPI claims that the defendants have falsely represented to investors, potential investors, and the general public that its proposed "Jack Daniels" bottled spring water and related business are affiliated with or otherwise sponsored, authorized, licensed or approved by JDPI, which owns the JACK DANIEL'S trademark. Neither JDPI nor Brown-Forman Corporation has a relationship with any of the defendants.

Jack Daniel's Properties, Inc., San Rafael, CA, is a wholly-owned subsidiary of Brown-Forman Corporation, Louisville, KY. JDPI is the owner of the Jack Daniel's trademarks, protecting and licensing this famous brand around the world.

Brown-Forman Corporation is a diversified producer and marketer of fine quality consumer products, including Jack Daniel's, Canadian Mist, Southern Comfort, Finlandia, Fetzer and Bolla wines, Korbel California Champagnes, Lenox, Dansk and Gorham tableware and giftware, and Hartmann Lugg

 

[back to top]

 

Return To Home Page

 

 

Copyright @1998-2001 Brown-Forman Corporation