Rat Fink or Not Dept: Rum Experience University exposed X2

[Capn Jimbo]

Luis Ayala: one of the pioneers...


The modern father of rum appreciation is? The Preacher? Nope, it was Luis Ayala. Luis and his wife Margaret were the one of the earliest important influencers and contributors to contemporary interest in rum. Check this out...

. . . . . . .


Luis and Margaret published this wonderful 8-1/2 x 11, 280 page book in 2001, twelve years ago. It was and remains a good reference, ahead of its time. Way back when, I was lucky to find a very rare new copy of this book and can honestly say that Luis and his "Rum Experience" book turned us on to rum and provided all the tools we needed to get started. Self-published and well done.

At that same time, Luis and Margaret established their "Rum University" online - free - and also provided educational and consulting services. I eagerly devoured their entire course, for which they even provided a diploma. They have continued to offer their "Rum University" in one form or another to this very day...

http://www.prweb.com/releases/2013/4/prweb10610255.htm

Luis is one of the good guys, an educator who has worked tirelessly to promote rum, and is one of the few promoters supportive of the objectives of Save Caribbean Rum.


The rat fink appears...

So naturally I was interested to get an email regarding what appeared to be one of his Rum University seminars, in the lovely location of Spain:


. . . . . . .


Terrific I thought, until my jaw practically dropped off my face when I read this (!)...

"GLOBAL RUM AMBASSADOR IAN BURRELL LAUNCHES THE INAUGURAL THE RUM EXPERIENCE UNIVERSITY
ANDALUSIA, SPAIN

A DIPLOMA COURSE OFFERING INDUSTRY PROFESSIONALS AND RUM ENTHUSIASTS AN EXTENSIVE AND IMMERSIVE STUDY OF RUM
16th-20th September 2013
http://www.rum-uni.com/ "

Both Sue Sea and I were entirely confused. Was this Luis' event or not?



It just couldn't be! Or could it?

What?! Ian Burrell putting on one of Luis' seminars? Yes, THAT Ian Burrell, WIRSPA toady who once actually claimed that (non-WIRSPA) Columbia and Venezuela were not really Caribbean? Shocked, I immediately wrote Luis:

Moi:

"Luis my friend,

What the heck is this? Do you have anything to do with this? And if not how is it that Burrell’s logo etc., seems a rip... And if not, I am particularly offended by this statement: "There has never ever been an official course to become a spirits ambassador, let alone a rum ambassador.”

If you are not affiliated or participating in this, what goes?

...In closing, I have the greatest respect for your long history in rum, long educational efforts, establishment of the original "Rum University", and (that you) continue to do so with your competent “Got Rum” series. Let me know please..."

Luis replied...

But out of respect, I won't reproduce his answer. Luis made clear - in no uncertain terms - that he has nothing whatever to do with this lookalike endeavor and was rather shocked. As for this self-proclaimed "Ambassador of Rum": Has he no shame? Is his choice of typeface, layout, colors, name and format merely coincidental? Where's the creativity? Doesn't he have his own considerable, worthy and unique identity to promote? Is confusion his goal? Enough.

I won't speak insofar as the Badassitor is concerned – perhaps his copycat event, look and logo is perfectly legal (just like Bundaberg's Dark 'n Stormy's are in Australia) - but I will address the general notion of plagiarism by others. Most would agree that those who may choose to blatantly “borrow” from another person's look, logo and busniness name are engaged in a practice that is rather shabby at the least, if not perhaps illegal.

Legal or not, many of us feel that there is little if any creativity, honor or respect in doing so. As a former marketing director I'd have been fired on the spot for such a borrow, as I was expected to create a memorably unique look and position for my client.

But it's clearly a badass world, especially insofar as the rogues of the world of rogue rums are concerned.

Let's face it. Luis Ayala is well known and has earned my respect. Have no doubt, he IS a promoter in the "it's all good" sense, but he has worked very hard to both promote AND to educate. His 2001 book, look and Rum University remain well known and so recognizable that a confusingly similar logo and event cannot possibly escape being compared, and not likely for the best.

You decide.

[Dai]

If you live in the UK we have a company called Easy they seem to have Easy everything (exept easy service). If burrell had ripped off an easy logo like he has ripped of the rum uni logo's his feet wouldn't of touched the ground until he was in court for trade mark infringement. Which brings me to a point that if you have not got these things like logos trade marked you fall under copy right which is easily got round with slight alterations as Burrell has done with his logo's.

It's still a rip off but a legal one.

[Capn Jimbo]

Let me share these:


1. Inu A Kena, Josh's site, once conducted a "Dark and Stormy Challeng" which intended to compare a number of dark rums, including Gosling's, to see which made the best D&S. It was Josh's position that permutations of the name were fine, eg. Dark & Stormy, Dark and Stormy, Dark 'n Stormy were all different, and thus he was in the clear in conducting his challenge. He also relied on the fact that Gosling wouldn't care.

A number of posters, including moi, advised that this was a trademark violation, and urged him to change it to perhaps "Dark Rum and Ginger Beer Challenge", which he laughed off. Two days later he got a no-nonsense Cease and Desist letter from a New York law firm, threatening treble damages if he didn't take it down. He did.

2. A year or two ago Malibu sued a competitor - not for using a similar name - but simply because they used a similar look and colors on their bottle. They won.

...


Bottom Line:

The key element in all copyright and trademark cases is confusion. Minor (or even major changes) in name, presentation, color etc. are irrelevent to the primary issue of confusion. If a reasonable person might mistake the similar product or service for the original trademarked one, there has been an enforceable violation. If the confusion/violation was made knowingly, triple damages may be sought.

In this case, the two logos are extremely similar, and easily confused. From using the large word "Rum" in script to the word "Experience" in smaller block letters, from the "i" pouring out spirit in one and being a bottle in the other, to the use of red and black simply being reversed on the same white rectangular background, to the same use of the words "Rum" and "University" together, ad infinitum.

If Sue Sea and I - who are well aware of Ayala's "Rum Experience" and "Rum University" were so confused as to believe that this event was his, that my friend is called confusion. Those who are not as familiar will be more confused.

Ayala's book is copyrighted and in the US, I have little doubt that Burrell's borrow would not stand. His only out: like Gosling - who failed to register "Dark 'n Stormy" in Australia, Ayala may not have an international trademark good in Spain or England. Which does not make Burrell any more honorable or just, just legal and lucky.

To me imitation is a mark of weakness and lack of creativity. To copy one's competitor does not set one apart, but rather implies the superiority of that competitor, who is seen as worthy of copying. As a marketing manager I'd have been fired on the spot for such a borrow, as it was my job to create a powerful image and campaign unique to my client, who deserved no less.

But legal or not, we do agree that such borrowing does not become the borrower...

[Dai]

There is a difference between copyright and trademark Jimbo. if copy righted a small alteration and your good to go. Trade marks like you say only have be similar and harm business and your in hot water.

Just a pity Louis didn't trade mark his stuff,

[Capn Jimbo]

Are you sure?


According to a Harvard article on copyright, one of the elements of infringement is:

"2. create a new work derived from the original work (for example, by translating the work into a new language, by copying and distorting the image, or by transferring the work into a new medium of expression)"

(Credit: https://cyber.law.harvard.edu/property/ ... rimer.html )

Burrell's borrow of Ayala's copyrighted logo, by a reasonable analysis, might qualify as a such a distortion. That he used his very similar version in a commercial enterprise seems to go beyond the usual protections of what the law considers "fair use".

Copyright infringements, especially for profit are litigable whether or not Ayala has a trademark (which is unknown). Per the Wiki, in the US "Plaintiffs who can show willful infringement may be entitled to damages up to $150,000 per work" (17 U.S.C. § 504 of the U.S. Code).


For the anal retentive...

Like me, lol? Here's an article that should dispel the myth that "little changes" can avoid infringement and damages:

https://davidsontm.wordpress.com/2010/0 ... t-decided/

From it:

"Substantial Similarity + Access = Copyright Infringement

Don’t Buy Into the “Some Little Change” Myth

"One of the most common and enduring popular misunderstandings about copyright infringement goes along these lines: “As long as I make some little change in the work, I can avoid copyright infringement.” Some versions of the myth even apply numeric criteria to the formula: “As long as I don’t use more than X% of the original work, I’m fine.” The numbers vary according to the version.

These beliefs about how one can avoid committing copyright infringement are completely incorrect and probably result from a misunderstanding of the “substantially similar” requirement. The courts have developed a number of tests for substantial similarity, but none of them are as simplistic as “Did the defendant make some little change in the original work?” or “Did the defendant use more than X% of the plaintiff’s work?”

In fact, in both of those versions of what we’ll call the “some little change test,” the defendant started with a work owned by another party and sought to create new work free of infringement risk by adding some elements of his/her own creativity. What the defendant actually has done is to create an unauthorized derivative work – which is in itself another form of copyright infringement."

At least that's how it is described here in the States.


Flat Ass Bottom Line

We as laypersons really ought not to overly concern ourselves with the law, however clear it may seem. That's an issue between Ayala and Burrell.

Much more important is the disrespect the public has for those who imitate the work of another, especially if done blatantly and for similar purpose. It can be interpreted as a sign of weakness and lack of creativity. When an act seems illegal or at the least lazy gamesmanship, the actor scores no points with the marketplace. To the contrary, such acts tend to threaten one's reputation for fair dealing.

In this case - legal or not - it may be a marketing disaster in the making.

[da'rum]

Don't let your fingers dangle in the water

http://www.youtube.com/watch?v=PUaWBjxlc5Q




*******
Capn's Log: Brilliant. Think da'rum in the Zappa mode. Where are the Catholic Girls?

[Capn Jimbo]

Last one, I promise. Sort of...

"If a logo’s shape, colors, fonts, and images are similar to others in a similar market it may would amount to infringement of copyright. Logos are also used to identify organizations and other non-commercial entities. Even though a logo contains several public domain elements that are not protectable, the logo in its fullness is entitled to copyright protection as original.

See more at: http://copyright.uslegal.com/logos/#sth ... V6STe.dpuf

Does anyone really question whether these are similar logos in a similar market? The logos, names, themes, formats and events seem close to indistinguishable, at least to these tired eyes. And does anyone respect and honor such? If imitation is the (in)sincerest form of flattery, Luis Ayala prevails as he should, and as for his Ronny-come-lately, badass competitor? You decide...

[Capn Jimbo]

Why guys named Richard don't like to be called "Dick" - the Badassitor does it again...


Yup our good Badassitor of Rum, the Prince of Dickness, has decided to repeat his rape of Ayala's Rum University and yes again in Andalusia, Spain:

Rat Fink University:

"Ian Burrell, Global Rum Ambassador, is thrilled to announce that The Rum Experience University is to become an annual course thanks to its hugely successful sell-out debut...

...Taking place on the stunning Andalusian coastline near Europe's last remaining rum distillery, The Rum Experience University is the only course of it's kind..."

Let's say it again (sorry Sleepy but this one just begs for it)...

1. Once again the Badassitor has ripped Ayala's logo in colors, script, mixtures of fonts and look as should be obvious to even retarded monkeys.

2. The Rat Fink's knock off event is not, was not and never was the "only course of its kind". Never. Luis Ayala had and brought the idea to fruition perhaps ten years ago, and continues the original, real Rum University to this day.

3. As far as Burrell's claimed "sell-out" (see above), that is perhaps his only descriptor with which we can completely agree.

Luis Ayala - like all of us - is not free of criticism. I'm certainly not. But in general I perceive Luis as far more knowledgeable, competent and effective than the Badassitor might imagine. OTOH, the Rat Fink has no equal in chutzpah, the ability to smile and perform the politician's finger wag, to glad hand, organize and promote.

Just like this guy...

. . . . . . .

No doubt the Prince of Dickness is laughing all the way to the bank: the Rat Fink Bank...

. . . . . . .




*******
Talk about two-faced...

Prince of Dickness: "If you want to lose a cocktail competition make sure you steal someone else’s recipe. Especially one thats created by a judge"

Quoting the Prince from his "Rum University" website wherein the gentlemen is discussing his course on "How to Lose a Cocktail Competition".

[Capn Jimbo]

FWIW...


Believe it or not, the promo guy for our bad boy's rum fest in London actually wrote me - praising the Project (sure) and asking if we would be so kind as to promote the "news". I wrote back asking the simple question "Jack, one question first. Is Burrell still using the the "Rum University" (colors, logo and presentation) that he "borrowed" from Luis Ayala? ".

Mr. "Jack" (who presumed an unwarranted friendliness on a "first name" basis) apparently had to think about it, no doubt contacted his master promoter, and cautiously wrote back "Why do you ask?". Dick, er Jack, it's because I uh, just wanna know.

Note to Luis Ayala: Luis, whether legal or not I will never promote any ripoff of your work and the fruits of your very considerable labours (English spelling for the Badassitor). I have spoken, lol...

[cyril]

interesting topic there. no official answer from the guy from...2013, really ?

[Capn Jimbo]

Cyril, not sure about your "2013" reference. The email from "Jack" (off) was received a month or two ago as I recall. When he answered my legitimate question with his own question, I had my answer.

Later at the ill-named Global Rum Club facebook page (now closed to the public) I noted a pic of a "Rum Experience" promotional glass (etched with the lookalike logo), which confirmed it.

[cyril]

i was refering to the year of the "INAUGURAL RUM EXPERIENCE UNIVERSITY ", my bad.

you can be kicked out of a FB page for a picture, what a nice move...

[Capn Jimbo]

i was refering to the year of the "INAUGURAL RUM EXPERIENCE UNIVERSITY ", my bad.

you can be kicked out of a FB page for a picture, what a nice move...

Thanks Cyril. Luis Ayala established the original and still existing Rum Experience (his book) and University around 2000 to 2002. Both continue. Burrell's version (2013 per you, that seems right) is so similar as to be nearly indistinguishable, not terribly creative in the eyes of many. A real shame...