Klemchuk

View Original

Beach Bum to Business Tycoon: How Jimmy Buffett Secured His Own Cheeseburger in Paradise

Jimmy Buffett Branding for His Business Empire

While his songs may suggest a lifestyle of napping on the beach or camping out at the beach bar, 39 years ago, Jimmy Buffett (and the world) discovered he’s actually a business tycoon.  Years ago, when Buffett noticed people in Key West, Florida, wearing Jimmy Buffett t-shirts he was flattered—but upset. Buffett had not produced or sold the t-shirts and had not authorized anyone to use his name or likeness.

Jimmy Buffett Trademark Legal Battles

Buffett and a friend sought to capitalize on his image and likeness, as well as his song titles, and made plans to build a store called—what else?—Margaritaville. Except, a restaurant named Chi Chi’s had already trademarked the word “Margaritaville” for a drink special.  And while song titles cannot be trademarked as such, Buffett filed suit, asserting the song’s title was synonymous with his own.  Ultimately, Buffett entered into a settlement with Chi Chi’s to use the name of his own song.

That’s when he realized someone else had trademarked another of his hits—this time it was “Cheeseburger in Paradise.”  A chain of cheeseburger restaurants in Portola, California, had an oceanfront location in Lahaina, Hawaii under the same name as Buffett’s hit song.  Once again, Buffett filed suit.  After a legal battle lasting more than four years, the parties reached a settlement allowing the existing restaurant in Lahaina and a newer location in Waikiki, Hawaii, to keep the name, but preventing the owners from using the name at any additional locations.

Jimmy Buffett Branding Campaigns Build Empire

Recognizing the marketing demand, Buffett got to work.  First step?  He started branding “Margaritaville” as much as possible—the t-shirt store in Key West and a handful of small cafes.  Then, in 1999, he entered into a restaurant licensing agreement with Universal Studios in Orlando, Florida and in 2010, a Margaritaville hotel in Pensacola, Florida.  The result?  Margaritaville Holdings, solely owned by Buffett and his partner John Cohlan, now boasts more than 30 hotels and resorts and 150 restaurants, cafes, and bars, and distributes Landshark Lager and Margaritaville Spirits.  And that perceived beach bum?  His company saw $1.5 billion in sales in 2019 alone.

Separate and apart from the restaurant and apparel endeavors, Buffett also created his own record label – ensuring himself a greater percentage of retail sales – and set to work building his own tour buses (who knew it was cheaper to build and own them than to rent them?

The lesson learned by Buffett is simple: figure out how to leverage your own ideas and talents, or someone else will.  And while you’re at it, be sure you protect those assets.  A cold beverage and your toes in the sand at the end of the day also couldn’t hurt.  Just sayin’. 

Key Takeaways on Jimmy Buffett’s Branding Journey

Jimmy Buffett learned quickly that his name, likeness, and songs were a hit with the public and securing and protecting his brand was imperative to growing business. Buffett secured his intellectual property by:

  • Taking legal action to quash third-party unauthorized use;

  • Obtain trademark protection; and

  • Use trademark licensing to grow businesses.

For more information about trademark protection, see our Trademarks and Industry Focused Legal Solutions pages.