• Services
  • Attorneys
  • Media & Insights
  • Online Payment
Results may vary depending on your particular facts and legal circumstances. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. A description of the selection methodology can be found here.
  • Services
  • Attorneys
  • Media & Insights
  • About Us
  • Delivering Value
  • Diversity & Inclusion
  • Meritas
  • Contact Us
  • Online Payment
    A
    Alternative Dispute ResolutionAntitrust & Trade RegulationAppellate Practice
    B
    Banking & Financial ServicesBankruptcy, Creditors’ Rights, and Financial RestructuringBeer LawBusiness Law
    C
    Cannabis LawConstruction LawCooperative and Condominium Law (Co-op & Condo)Criminal Defense
    E
    Economic Development LawElder Care & Special Needs LawElectronic Discovery ("E-Discovery")Environmental LawERISA & Employee BenefitsEstate Planning and Administration & Wealth PreservationExecutive Compensation and Employment Strategies
    F
    Food, Beverage & HospitalityFranchise Law
    H
    Health Care & Life SciencesHealth Care ProvidersHigher EducationHospitals and Health Networks
    I
    ImmigrationInsurance CoverageIntellectual PropertyIntellectual Property Litigation, Arbitration, and Dispute ResolutionIntellectual Property Portfolio Strategy, Management & LicensingInternational BusinessInternet Law
    L
    Labor & EmploymentLiquor Law, Licensing, Manufacturing, and DistributionLitigation
    M
    Media Law & Creative Economy PracticeMergers & AcquisitionsMunicipal Law
    N
    Non-Profit Law
    P
    Patent Preparation and ProsecutionPharmaceutical / Medical Devices / Pharma ServicesProducts and Consumer Liability DefenseProfessional LiabilityPublic Utilities
    R
    Real Estate, Finance, and Land Use
    S
    SecuritiesSolar Energy
    T
    TaxationTelecommunicationsTrademark & Copyright Protection & Enforcement
    V
    Venture Tech & Emerging Growth Companies
    W
    White Collar Investigations & DefenseWorkers’ Compensation
    • New Jersey
    • New York
    • Pennsylvania
    • Blogs
    • Articles
    • Podcasts
    • COVID-19 Resources

    Categories

    Copyright Copyright Infringement Copyright Licensing Copyright Office Copyright|Copyright Infringement|Intellectual Property Copyright|Copyright Infringement|Intellectual Property|Social Media Copyright|Copyright Infringement|Social Media Copyright|Intellectual Property Copyright|Intellectual Property|Social Media|Trademarks Court Decisions Double Patenting>Same Invention Double Patenting>Terminal Disclaimers Drafting Patents Drafting Patents>Claims Drafting Patents>Claims>Written Description False Advertising Federal Circuit Food & Beverage Food & Beverage|Intellectual Property Food & Beverage|Labeling|Legislation Food & Beverage|Trade Dress Food & Beverage|Trademark Infringement|Trademark Office|Trademark Registration|Trademarks Food & Beverage|Trademark Infringement|Trademarks|Unfair Competition Food & Beverage|Trademark Office|Trademark Registration|Trademarks|TTAB Food & Beverage|Trademark Office|Trademark Registration|TTAB Food & Beverage|Trademark Office|Trademarks Food & Beverage|Trademark Office|Trademarks|TTAB Food & Beverage|Trademark Registration|Trademarks Food & Beverage|Trademarks General In The News Intellectual Property Labeling Lanham Act Legislation Licensing Navigating the Patent Office Navigating the Patent Office>Examiner Interviews Obviousness/Inventive Step>Prima Facie Obviousness Patent Patent Eligibility Privacy Right of Publicity Social Media Supreme Court Trade Dress Trademark Infringement Trademark Infringement|Trademark Office|Trademark Registration|Trademarks Trademark Infringement|Trademark Registration|Trademarks Trademark Infringement|Trademarks Trademark Office Trademark Office|Trademark Registration|Trademarks Trademark Office|Trademark Registration|Trademarks|TTAB Trademark Office|Trademarks Trademark Registration Trademark Registration|Trademarks Trademark Registration|Trademarks|TTAB Trademark Registration|TTAB Trademarks TTAB Uncategorized Unfair Competition
    Blogs > More Than Your Mark® > Sean “Diddy” Combs Sues Diageo,...
    Member
    Jeanne Hamburg
    Visit Profile

    Sean “Diddy” Combs Sues Diageo, Alleging Neglect of His Drink Brands: What Celebrities and Influencers Can Learn from This

    Sean “Diddy” Combs Sues Diageo, Alleging Neglect of His Drink Brands: What Celebrities and Influencers Can Learn from This

    Internationally renowned musician, music producer, entrepreneur, and actor Sean “Diddy” Combs filed suit against Diageo North America Incorporated alleging that the spirits company discriminated against his liquor brands. The complaint, filed with the New York Supreme Court on May 31, 2023, alleges that Diageo breached an agreement with the superstar regarding his two brands, Cîroc Vodka and DeLeón Tequila, by marketing them less than other brands Diageo owned an interest in, like Casamigos and Don Julio.

    Diageo, a multi-billion-dollar spirits company, entered into a joint venture with Mr. Combs to produce, distribute, and sell Combs’ liquor brands Cîroc and DeLeón. Combs alleges that the spirits giant discriminated against him by starving his brands of resources that are crucial to the drink industry. The complaint states, “[w]hile Diageo invested in and expanded its other brands… Mr. Combs' brands were allowed to wither, getting increased attention only if Combs Wines demanded it under threat of legal action.”

    Mr. Combs’ success may well hinge on whether his agreement with Diageo details the marketing efforts Diageo is obligated to make. The agreement may contain provisions known as “efforts clauses.” These clauses are often used within marketing agreements to ensure that the parties are acting in good faith. Commonly used phrases include “best efforts,” “reasonable efforts,” and “commercially reasonable efforts.” They are meant to set forth the degree of effort to be expected in the promotion and/or marketing of the product. Despite their common use, some courts have found efforts clauses difficult to interpret because they are indefinite. There are no standard guidelines on how to quantify the difference between a “commercially reasonable effort” and one’s “best effort” and so on.  See, e.g.,  Holland Loader Co. v. FLSmidth A/S, 313 F. Supp. 3d 447 (S.D.N.Y. 2018).

    Celebrities and social media influencers like Mr. Combs have a right to control their likeness, image, and voice when promoting the goods and services produced by others. This “right of publicity” offers protection from the misappropriation of one’s likeness, name, and/or other public aspect of one’s persona from being exploited for another’s commercial benefit without compensation. For more information about the right of publicity, click here.

    Mr. Combs and other celebrities and influencers in his situation would be well served to negotiate for minimum dollar amounts to be spent on marketing, guarantees of exposure to a particular geographic region (e.g., a commitment to a national marketing campaign), and thorough outlines of how both parties will approach the marketing process. The more detailed these provisions, the less likely celebrities and influencers will find themselves bound to a partnership that exploits their publicity right without also making defined investments into the partnership.

    More particularly, since Mr. Combs appears to allege that Diageo limited its marketing efforts to urban markets, Mr. Combs would be better positioned in his suit if his agreement provided that Diageo was to deploy a nationwide marketing strategy rather than targeting only urban markets. In these sorts of deals, celebrities and influencers would be better off negotiating strict marketing provisions at the outset to guarantee mutual success for the joint venture.

    Public personalities may also use the extra protection of royalties and liquidated damages provisions in the case of a breach of marketing expectations. In Bloor v. Falstaff Brewing Corp the plaintiff beer manufacturer was able to recover royalties on each of his beers that was sold, while the buyer of the beer brand was obligated to use best efforts to sell the beer. A provision requiring the buyer to pay liquidated damages was included as well. The court found that the buyer breached the best-efforts requirement and awarded the seller his lost royalties.

    Shortly before publication, Diageo sought to cut ties with Mr. Combs in response to his suit. Stay tuned here for more information.

    Are you about to enter into an agreement or partnership that uses your name, likeness, or celebrity to sell products? An attorney can help you draft an agreement that protects your right of publicity as a public figure, celebrity, or influencer. If you have any questions about this post or related issues, please feel free to contact either of us, via email at vparchment@norris-law.com or jhamburg@norris-law.com or on Instagram @VParchmentEsq and @JeanneHamburg.Esq

    The authors wish to thank Norris McLaughlin, P.A.’s summer associate, Nicole Portu, for her invaluable assistance in preparing this post.

    Member
    Jeanne Hamburg
    Visit Profile

    Related Posts

    Lamar Jackson Successfully Opposes Dale Earnhardt Jr.’s Claim to No. 8 Who Owns a Vibe? Content Creators Battle Over Aesthetics of Social Media Posts You ® Mine: Valentine’s Day Trademarks & Trade Dresses

    Share

    Helpful links

    • About Us
    • News
    • Services
    • Blogs
    • Attorneys
    • Articles
    • (COVID-19)
    • Award Methodology
    • Events
    • Join our Team
    Connect
    Online Payment

    Connect with Us

    • LinkedIn
    • Facebook
    • Twitter
    • Instagram
    • Youtube

    Join our growing team

    We are looking for quality attorneys to help us do more for our clients. At Norris McLaughlin, each attorney has the same opportunity to succeed whether you’re at the beginning of a career or pinnacle of the profession.

    Learn More

    Subscribe to our content

    Receive timely legal information delivered to your inbox

    This field is for validation purposes and should be left unchanged.
    © , Norris McLaughlin, P.A., All Rights Reserved. Attorney Advertising.
    VIEW OUR DISCLAIMER,  TERMS OF USE,  AND PRIVACY POLICY

    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume you consent to our cookie policy. Learn more