Pinot Law

Trying to sell some stuff? Many merchandisers are picking up the hottest endorsement around. And unlike Tiger, Lance or Tom, this star is not being compensated for his endorsements.

There have been a number of articles about how many businesses and sidewalk entrepreneurs are using Barack Obama to sell their products. The New York Times reported that businesses are selling everything from soap to ‘romantic items’ bearing the next President’s likeness. Similarly, the Washington Post’s food section reported on how brewers are even getting in on the act, rolling out beers under the names “Barack Bock” and “Obamagang” in advance of the inaugural (the latter denied by TTB). Along these lines, the Bevlaw blog has some other great examples including “Ale to the Chief“, “Obama Beer” and even “Lipstick on a Pig.”

So what are a lot of these reports missing? How about Intellectual Property issues? At least one reporter had an item on this specific issue in a piece buried this week in the back of the Washington Post. It appears that President-elect Obama’s White House Counsel, Gregory Craig, will likely not take too kindly to this profiteering.

Intellectual Property laws are remarkably specific and violations can cost a company a lot of money in the long run. Damages, attorney’s fees and — in the case of wineries — relabeling could run up the costs very quickly. The bottom line, hope and change may be a great thing, but be careful about putting it on a wine bottle.

nowselling used under a Creative Commons license provided by jchatoff.