Jimi Hendrix's sister is in a purple rage over a line of vodka themed around the late guitar god.
Janie Hendrix, the rock icon's sister and CEO of Experience Hendrix, the company supervising Hendrix's musical legacy, sued a Seattle company for trademark infringement and false advertising for its "tasteless promotion" of Hendrix Electric Vodka.
The suit, filed Tuesday in U.S. District Court, alleges that Seattle entrepreneur Craig Dieffenbach used Hendrix's name and likeness without permission.
"We are greatly concerned that there may be a perception that Experience Hendrix has, in some way, authorized this sale of vodka," Janie Hendrix said in a statement. "As a matter of strict policy, we have never promoted an alcoholic beverage."
Per the complaint, the packaging of the purple-tinted vodka bottles bears too close a resemblance to copyrighted images and song lyrics, most notably Hendrix's classic 1968 album Electric Ladyland.
In a press release posted on jimihendrix.com, Janie & Co. also claim that Dieffenbach intended to "deceive the public into believing that Experience Hendrix has authorized this sale of vodka and other products" by advertising his company as a "Jimi Hendrix family company."
Particularly offensive to Hendrix's heirs was a statement Dieffenbach made during publicity rounds for the new beverage line.
"It's like drinking with Jimi. The drunker you get, the more you think you're with him," the businessman was quoted by the Los Angeles Times.
Janie Hendrix equated the vodka promotion to a "sick joke," especially since her brother died at age 27 in 1970 after consuming a fatal cocktail of red wine and sleeping pills.
Janie inherited Hendrix's estimated $80 million estate and Experience Hendrix after the death of the "Purple Haze" purveyor's father, and her stepfather, James Hendrix, in 2002. That sparked an intense legal battle with Jimi's biological brother, Leon Hendrix. Leon sued to gain control of the musician's assets, alleging Janie manipulated their ailing father into cutting Leon out of the will.
Dieffenbach, a wealthy developer who helped finance Leon's court fight, could not be reached for comment.
However, he told the Seattle Times on Tuesday that his company was within its legal rights to market the vodka and bill itself as a "Hendrix family company" because Leon Hendrix is a partner in the venture.
"And guess what, he's a Hendrix, too," he told the newspaper.
Dieffenbach also disputed Janie Hendrix's claim to supervise the Rock and Roll Hall of Famer's publicity rights, citing a probate court's ruling that such rights could not be passed down and therefore she only controlled his music. (Janie Hendrix has appealed that decision to the 9th U.S. Circuit Court of Appeal, which is expected to take up the issue later this year.)
"The name is public domain now, and we've trademarked the hell out of it," said Dieffenbach.
John Wilson, a lawyer for Experience Hendrix, disputed Dieffenbach's assertion, noting that the lawsuit is about trademark violations, not publicity rights.
Hendrix Electric Vodka may be the first alcoholic beverage to capitalize off the famed performer's good name, but it's not the only drink.
Janie Hendrix licensed Jimi's moniker and image to a Los Angeles-area beverage company for a line of nonalcoholic energy drinks dubbed the Liquid Experience, a reference to Jimi's 1967 breakthrough album, Are You Experienced? Liquid Experience is slated to hit store shelves in April.