If You're Going To Waste Away In Margaritaville, Be Sure Jimmy Buffett's Signed Off

Legal Issues

from the not-so-relaxed-now dept

Something about this story reminds us of that old joke about two guests at a wedding when one says to the other “The food here is terrible, and such small portions!” Apparently, musician Jimmy Buffett is trying to shut down an online seller of beach-themed merchandise using the tag line ‘Jimmy Buffett’s Margaritaville Online Store for Merchandise’. Buffett’s defense of his trademarks seems reasonable, since they’re clearly his, and a shopper might get the impression, with a line like that, the the site was somehow officially associated with him. But he goes even further, complaining that the store sells Jimmy Buffet items at that it isn’t allowed to sell, and that they’re too expensive. How is he not allowed to sell the items? Assuming that he acquired them legally, and that they’re not counterfeits, on what grounds does Buffett seek to prevent their sale and dictate pricing. The vendor took down anything that would suggest the site is officially associated with Buffett, which is good, but that hasn’t appeased Buffett or his lawyers. As for dictating the terms of sale on anything that bears his name, Buffett is hardly alone. Still, just because everyone’s doing it, doesn’t make them correct in their understanding of the law. It’s yet another attempt to use trademark not just to prevent customer confusion (as is its purpose), but also to try to exert excess control over anyone’s use of the trademark.