Suit over ale by son of jazz great is OKd
Legal trouble may be brewing for a Northern California brewery that sells “Brother Thelonious Belgian Style Abbey Ale,” with a label showing jazz pioneer Thelonious Monk in his trademark cap and sunglasses in front of a halo of piano keys.
A Bay Area federal judge says Monk’s son, Thelonious Monk Jr., can sue North Coast Brewing Co. for continuing to market the ale and related products after the son withdrew his consent two years ago on behalf of his father’s estate.
Monk, a renowned bebop pianist known for his dissonant chords, unorthodox style and compositions such as “’Round Midnight,” died in 1982 at age 64. His son, a jazz drummer known as “Toot,” lives in the New York area and is the administrator of his father’s estate.
North Coast Brewing in Fort Bragg (Mendocino County) has sold Brother Thelonious ale since 2005. The name is a spinoff from a type of
beverage that was originally brewed by Trappist monks in Belgium.
On its website, the company says it has sent more than $1 million in profits from “beer and gear” such as caps and T-shirts to the Thelonious Monk Institute of Jazz, a nonprofit that offers jazz training to promising students and brings jazz programs to public schools.
But Monk’s son says he never authorized the company to use his father’s name for any product except ale, and that he withdrew all consent in January 2016 after he and the Institute of Jazz severed their relationship. His lawsuit seeks to redirect the royalty payments to his father’s estate until a new agreement is worked out.
In seeking to dismiss the suit, North Coast Brewing argued that it owned the brand, held a registered trademark and had the right to direct its profits. But U.S. District Judge Haywood Gilliam of Oakland said those claims must be weighed against the rights of a dead celebrity’s estate.
“It is more than plausible that (Monk’s son) has a right to control the commercial value and exploitation of Monk’s persona, and to prevent others from unfairly appropriating this value for commercial benefit,” Gilliam said last week in a ruling that allowed the suit to proceed.
The product’s name and label could lead people to believe that the musician or his heirs endorsed the marketing program, Gilliam said.
Joel Rothman, a lawyer for the estate, said Monday it was pleased with the ruling.
“Beer and jazz go together as long as all the parties agree,” he said.
The company and its lawyers could not be reached for comment. In a statement to Reuters last week, North Coast Brewing said it was disappointed by the ruling but “eager to proceed to litigation to reveal the facts underlying these meritless claims.”
Bob Egelko is a San Francisco Chronicle staff writer. Email: begelko@sfchronicle.com Twitter: @BobEgelko