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A Northern California craft brewery lost an early attempt to knock out a lawsuit brought by the son of jazz legend Thelonious Monk, who claims the brewery uses Monk's name and likeness without permission.
For more than a decade, North Coast Brewing Co. has been brewing “Brother Thelonious” beer, named after the pianist and composer whose songs are the second-most recorded in the jazz catalog, behind only Duke Ellington. The packaging for the Belgian-style abbey ale features a portrait of Monk stylized to make him look like a sort of patron saint of suds.
According to both sides in the litigation, the brewery initially had an oral agreement with Monk's estate to use his name in exchange for donating a portion of the beer's profits to the nonprofit Thelonious Monk Institute of Jazz.
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