Answer:
Apparently, yes you can. While this blog typically is premised on common questions companies ask, I must confess this is not a question that I’ve ever been asked. Nonetheless, I could not resist blogging about Bud Light’s creative take on what is often a legalese laden, scare-inducing missive.
Bud Light trademarked its slogan “dilly dilly” and successfully has been using it in a marketing campaign and TV commercials. A craft brewery recently crossed the line and used “dilly dilly” in the name of one if its new brews. When Bud Light learned of this, it responded with a stern, but tongue-in-cheek cease and desist letter, letting the brewery know that this should be a one-time run using the “dilly dilly” name for this brew. The message explained that continued use of Bud Light’s trade name would be met with a “private tour of the pit of misery” (as opposed to the usual threat of an injunction with a claim for all kinds of damages and attorneys’ fees).
To see a recording of the live delivery of Bud Light’s cease and desist letter (or scroll, rather) by town crier, click here.
Given the positive reception and press Bud Light’s clever cease and desist communication received, perhaps more companies will consider getting their legal and creative teams together to address such infringing conduct. It’s refreshing to see that even in the law, there can be levity.
About the Author: Laura Liss (lliss@pfs-law.com) is Chair of Patzik Frank and Samotny’s Employment Law Practice Group. She provides both legal and practical business advice on all phases of employment-related decisions. She regularly serves as a sounding board for business owners, executives and human resources professionals and assists them in successfully and efficiently navigating the various employment laws that impact their businesses.
The Insightful Employer Lawyer 