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Author Threatens To Sue Book Reviewers Over Trademark Infringement
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."
If DMCA can be applied to kitchen, maybe a chef who trademarked "salt" would sue anyone who dare to use salt in their cooking
Muchas Gracias, Señor Edward Snowden !
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.
You cannot copyright or trademark the titles of books.
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."
And apparently also a semantics nazi.
Wouldn't being a semantics nazi make you an anti-semantic?
Mit der Dummheit kämpfen Götter selbst vergebens
Indeed.
:)
Movie: http://en.wikipedia.org/wiki/Carnival_of_souls (1962)
KISS Album: http://en.wikipedia.org/wiki/Carnival_of_Souls:_The_Final_Sessions (1996)
(some band I've never heard of): http://en.wikipedia.org/wiki/Carnival_of_Souls_(Miranda_Sex_Garden_album) (2000)
I could go on, but my toast is burning.
It's the Stay-Puft Marshmallow Man.
This guy seems to have a history of suing people for generic, carnival-themed horror. Here he is suing NBC for Heroes' having a carnival scene.
http://robot6.comicbookresources.com/2010/05/see-carnival-of-souls-comparisons-from-60-million-heroes-lawsuit/
I'm can't say with 100% certainty that this Jazan Wild is filing frivolous lawsuits in hopes of getting some easy money, but I find the idea that he truly believes that he invented the macabre carnival idea, or that he coined the term "Carnival of Souls" hard to swallow. In addition, this guy be be completely nuts to think he can sue reviewers for copyright infringement. I say he's just fishing.