Author Threatens To Sue Book Reviewers Over Trademark Infringement 218
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."
He's got nothing... (Score:5, Interesting)
His comic was put out in 2006, but the title/phrase has been in use since at least 1962.
He will have to show that people would somehow confuse this book, with his comic, which would be fairly hard.
Harper Collins did infringe his trademark (Score:2, Interesting)
Re:Harper Collins did infringe his trademark (Score:2, Interesting)
Morbo voice: "Trademarks do not work that way!" (Score:0, Interesting)
You can't use trademark law to stop reviews of your crappy product any more than you can use copyright law to do the same. Where's the possibility of confusion with the actual product if you are reviewing it? Ford or GM can't stop bad reviews of their cars on that basis either. Inaccurate reviews they could challenge on other grounds, but you aren't violating trademark if you use the product name to describe how crappy you think a product is, in your opinion.
I'd be surprised if this person could even find a lawyer willing to bring this case to court. Okay, maybe someone on par with Lionel Hutz.
Re:Read the trademark! (Score:5, Interesting)
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 has two registrations, the first of which most certainly does cover books.
http://tess2.uspto.gov/bin/showfield?f=doc&state=4008:m2hq6u.2.2 [uspto.gov]
http://tess2.uspto.gov/bin/showfield?f=doc&state=4008:m2hq6u.2.1 [uspto.gov]
I'd have thought the term already sufficiently generic enough to refuse these trademarks, let alone allow him to assert ownership over pretty much any fucking use of the phrase.
Pro tip for Kazan Wild: Did you know that the phrase "The Good Book" is yet to be registered as a trademark for religious multimedia content. Go grab it, and while you're on your way down to the the USPTO, don't bother looking before crossing any busy roads you encounter.
Re:Well... (Score:5, Interesting)
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/ [comicbookresources.com]
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.