The recent rebrand of Liquid Death’s drink “Armless Palmer” to “Dead Billionaire” has brought forth some intriguing legal matters concerning trademarks, the right of publicity, and genericide. While this name change may keep the company from legal proceedings, it leaves some critical questions unanswered.
As per a report by Bloomberg Law, the drink, a combination of iced tea and lemonade, was renamed to avoid “a senseless legal battle” as hinted at by a November 25 post on Instagram. The insinuation is that Arnold Palmer Enterprises Inc., established by the renowned late golfer and holder of Arnold Palmer trademarks, had taken issue with Liquid Death’s product branding.
Indeed, the term ‘Arnold Palmer’ has been largely associated with the popular drink combination of iced tea and lemonade but whether it now falls into the category of being generic and unprotectable for beverages, especially in the commercial scenario, is up for legal debate. Another twist to this complex issue is the angle of the right of publicity – a legal angle fundamentally connected to protecting the commercial value of a celebrity’s identity, in this case, Arnold Palmer.
While Liquid Death may have potentially alleviated its immediate legal concerns by replacing ‘Armless Palmer’ with ‘Dead Billionaire,’ the questions raised by this scenario continue to loom over the intricate entanglement of intellectual property rights. The lack of crystal-clear legal precedents in this space make this an area to watch for legal professionals, particularly those dealing with corporate law, intellectual property, and celebrity rights.