Thelonious Monk estate sues North Coast Brewing over Brother Thelonious merchandise

[Hardbopjazz]

 

Jazz drummer T.S. Monk, the son of jazz great Thelonious Monk and administrator of the late pianist's estate, filed a lawsuit Tuesday against Fort Bragg, Calif.-based North Coast Brewing Company over its popular abbey ale, Brother Thelonious. North Coast has been brewing Brother Thelonious for over ten years.

The lawsuit states that the Monk estate had given verbal permission to North Coast to use Thelonious Monk's image in the sale of the beer in exchange for the brewery's agreement to donate some profits to the Thelonious Monk Institute of Jazz, a nonprofit jazz education program with locations in Washington D.C. and Los Angeles.

Full article.

http://www.sfgate.com/beer/article/Thelonious-Monk-estate-sues-North-Coast-Brewing-12162234.php

[JSngry]

The lawsuit states that the Monk estate had given verbal permission to North Coast to use Thelonious Monk's image in the sale of the beer in exchange for the brewery's agreement to donate some profits to the Thelonious Monk Institute of Jazz, a nonprofit jazz education program with locations in Washington D.C. and Los Angeles.

However, as the lawsuit states in an attached letter dated January 2016, Monk Jr. rescinded that permission upon realizing that the brewery was using Monk's likeness and name on brewery merchandise (which as of this writing is still on sale) and in signage during beer and jazz festivals. The estate's lawyer stated in the letter to North Coast's legal representation that permission to use Monk's image would only be reinstated if and when the brewery entered into a licensing agreement with the Monk Estate. 

"At no time prior to January 11, 2016 did either T.S. Monk or the Monk Estate authorize North Coast to utilize the THELONIOUS MONK name, image or likeness for the sale of merchandize such as cups, hats, hoodies, iron on patches, soap, t-shirts, tap handles, metal and neon signs, pins, playing cards, mouse pads, posters, and food products," the lawsuit reads.

On the face of it, this seems like a legit beef, although, geez, "verbal permission",,,why, oh why? Harry Colomby is shitting in his grave right now.

[sonnymax]

I definitely think there's another side to this story. Take a few minutes to check out the jazz pages on the brewery's website, and watch this video of T.S. Monk at launch of Brother Thelonious ale.

Edited September 23, 2017 by sonnymax

[Dmitry]

Looks like the estate only gave them the permission to use Monk for name of their beer and his likeness on the bottle label, but the company is now milking Thelonious for other stuff, like apparel and chochkes.  Naturally, the estate wants their piece of the action. 

[JSngry]

Yeah, being a fan is no excuse.

Still, "verbal permission"...

[Scott Dolan]

At least they were honest enough to admit that.