Energy Drink Gives Bon Jovi Bad Name

A lawyer for Jon Bon Jovi is demanding a New Jersey entrepreneur change the moniker of his Mijovi energy drink because it sounds too much like the rocker's famous name and could confuse fans

By Josh Grossberg Jul 19, 2007 10:00 PMTags

It's his name and he wants to keep it that way.

A lawyer for Jon Bon Jovi is demanding a New Jersey entrepreneur change the moniker of his Mijovi energy drink because it sounds too much like the 45-year-old rocker's famous name and could cause confusion among Bon Jovi fans.

In a Jan. 22 letter to drinkmaker Marcos Carrington, a copy of which was obtained by the Asbury Park Press, the musician's Los Angeles-based lawyer Peter Laird took issue with the name Mijovi and other words featured on cans and in  promotional materials for the caffeine-based beverage, including "itsmijovi" and "itsmilife."

The legal eagle claimed the phrases infringed on the trademark "Bon Jovi" and were an attempt to associate the energy drink with one of the band's biggest hits, "It's My Life."  The cease and desist missive eschewed Carrington's spelling in favor of "It's My Jovi" and "It's My Life."

"As you should be aware, one of Bon Jovi's most popular songs is entitled "It's My Life," Laird wrote.  "We hereby demand that you immediately cease and desist all further use of the name "Mijovi" and "It's My Life."

In an interview with E! Online, Carrington smacked down the assertion that his energy booster tried to capitalize on Bon Jovi's reputation, pointing out that he named it after his girlfriend, Jovita Saenz.

"This business has nothing to do with Bon Jovi nor was it inspired by him," the drink's founder said.  "Mijovi is about building a brand that emphasizes personal and global responsibility.  The name itself was inspired by Jovi, short for Jovita, which means 'jovial life.'  Bon Jovi makes music and Mijovi makes lifestyle beverages."

Carrington first came up with the idea of a coffee-flavored energy drink to raise money for an environmental consulting business after deciding that the fitness water business was too risky, given the wide array of products already on the market.

After developing Mijovi with a flavor company and filing an application to register the name as a trademark with the U.S. Patent and Trademark Office in November 2005, Carrington launched the product in early 2006, selling it to stores and cafes in northern and central New Jersey.

In January, Bon Jovi stumbled upon the beverage in a bakery and contacted his lawyer after reading the slogan on the can: "itsmienergy.itsmijovi.itsmilife." The attorney then threatened legal action unless Carrington dropped the moniker.

Carrington responded through his own attorney last month, informing Bon Jovi's camp that he was willing to drop "itsmilife" from the can after they run out of the initial inventory of 3,000 cans.  However, he has vowed to keep "Mijovi" and is willing to take the matter to court if necessary.

One thing he may have going for him is the trademark.

According to the Asbury Park Press, the Mijovi name remains under review by the U.S. Patent and Trademark office, but reportedly does not conflict with other trademarks in the marketplace, a fact noted by Carrington's counsel, James Nichols.

"These are two different products entirely," he told the newspaper.  "I don't think anybody is going to be confused about Mijovi drink with caffeine and the songs that Bon Jovi sings or Jon Bon Jovi."

Laird did not return a phone call seeking comment.

As for Bon Jovi (whose birth name, it's worth noting, is spelled John Bongiovi), he and the boys recently played a hometown gig as one of the headliners of Al Gore's massive Live Earth concert at Giant Stadium in East Rutherford, one of a series of shows held around the globe to draw attention to the climate crisis. 

The band is currently touring North America in support of their latest release, the country-flavored Lost Highway, which topped the charts last month and became their first album ever to debut at number one.