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Author Threatens To Sue Book Reviewers Over Trademark Infringement

Posted by Soulskill on from the let-me-know-how-that-works-out-for-you dept.

Nate the greatest writes "Do you know what is crazier than sending DMCA notices to a site like Lendink which doesn't host any content? It's when an author threatens to sue book reviewers over trademarks. Jazan Wild, a comics creator, is sending out threatening emails to any and all book blogs who review a recently published book called Carnival of Souls. The book was written by Melissa Marr, and it happens to use a title which Jazan Wild owns the registered trademark. He's also suing the publisher for trademark infringement, but HarperCollins is laughing it off. The book blog Bookalicious posted the email they got from Jazan. Needless to say they did not take down the review."

5 of 218 comments (clear)

  1. Well... by Anonymous Coward · · Score: 4, Insightful

    I feel bad for the guy. He's been using the mark since 2004 for his business with his wife. That's their brand. Sending the C&D's to review sites was a mistake, but these obviously aren't going out from a lawyers office... he's trying to get it solved himself while Harper Collins gives him the finger.

    I generally don't like C&D's, but I don't like a huge publisher just screwing this guy and his wife because they can, either.

    1. Re:Well... by ledow · · Score: 5, Insightful

      As others have pointed out, "Carnival of Souls", even if trademarkable, is a pretty generic name and has been in use for FAR, FAR longer. Hell, I'm sure I've played at least one computer game where that was the name of a level, for instance.

      It's like me trademarking "Emotional Rollercoaster" and then trying to enforce it. If he had a case, it's only against HarperCollins. And if he had a case, it would be expensive and difficult to win and would make him a lot of money from them playing off his established trademark.

      I doubt he has a case. He has to enforce the trademark. But he does not have to enforce third-party reviews of the trademark (hell, that just adds to evidence of damages if anything else). But the second you sue HarperCollins, the first thing they will have done is work out if he had a case. Chances are that he just doesn't.

  2. Re:Harper Collins did infringe his trademark by Anonymous Coward · · Score: 5, Insightful

    You cannot copyright or trademark the titles of books.

  3. Read the trademark! by Kupfernigk · · Score: 5, Insightful
    This is Slashdot and nobody seems to have done a simple USPTO search!

    He has not (and I think cannot) trademarked a comic title. He has trademarked a trademark for sources of downloadable media content. From a read of the grant, this does not cover books or reviews. He cannot landgrab his trademark to cover areas outside its applicability. Much as I personally dislike HarperCollins, I suspect that the response of their lawyers will be (correctly) the same as in the famous Arkell v Pressdram.

    The USPTO search should be compulsory reading before commenting on these issues. It quickly shows whether someone has a case, may have a case, or doesn't understand how trademarks work. IANAL, this does not constitute legal advice or opinion etc., but in this case I suspect he falls into my last class.

    --
    From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
  4. Re:Does he only sue for negative reviews... by psiclops · · Score: 4, Insightful

    probably related to the tone of his reply. had he said "the person suing is not the author of the book, they simply own a trademark of which they believe the book and anything related - e.g. reviews of the book infringe upon." he probably would have been upmodded.

    in the world of argument facts are informative & insults detract from your point.

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    i spent five minutes thinking and all i got was this crappy sig