Luxist reports that Duke Ellington’s family has filed suit against Harbrew Imports for using Duke’s name and signature without permission on their $150 a bottle Duke Ellington XO Cognac. Ellington’s family is saying that the company did contact them earlier for permission but an agreement was never reached – so Harbrew began selling the 20 year aged cognac in 2006.

Since musicians (and their heirs) often generate far more income from their name and likeness than they do from their music, this issue is something many in the industry are undoubtedly watching closely. Fortunately, there is some precedent – earlier this year, a judge ordered 3.2 million in damages paid by the makers of Electric Hendrix vodka (this was later appealed and settled).