Get Overly Aggressive With Your Trademark... And Watch Your Reputation Fall

from the can't-be-good-for-business dept

We wrote recently about how an author and her lawyer appeared to be quite overaggressive in trying to enforce the trademark on the title of a book she had written. As someone pointed out in the comments on that post, as the story has grown more popular, many people are coming out of the woodwork to express their displeasure with the book in the Amazon reviews. So, once again, it's a case where being overly aggressive on trademark is doing significant harm to business prospects.

Imagine, instead, if Susan Jeffers, rather than having her lawyer send a letter demanding credit, had simply emailed the author of the original blog post and said "Hey, this is a great blog post, and I've written this book you might be interested in, which even uses that same phrase you mentioned, 'feel the fear and do it anyway.' I'm sure you'd like the book, so let me send you a copy. Thanks!" Think what might have happened? The blogger would likely have been interested, seeing as the topic of the book is similar to what he writes about, and he might even write a review or mention her book positively in future blog posts. But, instead, she jumped to the legal route, and is now suffering the consequences.

29 Comments | Leave a Comment..


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  1.  

    going the lawyer route

    identicon
    another mike, Apr 30th, 2009 @ 12:26pm

    Everyone knows not to call out the lawyers but she did it anyway and now she's feeling the fear.

    reply to this | link to this | view in thread ]

  2.  

    Hmm

    identicon
    Tgeigs, Apr 30th, 2009 @ 12:33pm

    I imagine her lawyer as Ted from Scrubs...

    reply to this | link to this | view in thread ]

  3.  
    identicon
    Crashoverride, Apr 30th, 2009 @ 12:48pm

    Even better example is the recent news stories about Monster Cable having to slash prices because of there negative name in recent trade lawsuits and with Circuit city gone they lost one of there largest distribution channels

    reply to this | link to this | view in thread ]

  4.  

    A dash of irony

    identicon
    B, Apr 30th, 2009 @ 12:53pm

    Most of the negative reviews are legitimate looking enough to avoid being deleted... these cracked me up though:

    Robert Riddle - "A bland and overly generic book, just a repeat of ideas I've heard many times. Looks like the author just took a bunch of ideas that have been around forever and decided to write them down as if they were her own."

    And Frettful "J" - "[...] Oh by the way, I'm pending a copyright for this comment. This will be a registered trademark, and so if you wish to use this phrase for any purpose whatsoever, you are required to contact me."

    Oh crap... I better email Frettful "J"...

    reply to this | link to this | view in thread ]

  5.  

    And this is why I stay the hell away from reviews.

    identicon
    R. Miles, Apr 30th, 2009 @ 12:57pm

    In looking at the one star reviews, it's no coincidence most were posted about the same time the negativity about the copyright was placed.

    Sure, there's a correlation, but when most of those reviews are stupid one-liners, there's no way I'd take those as "reviews".

    Just bullshit.

    The entire point of a review is to convey the opinion of the material at hand.

    Anyone who takes these one-liners as a "review" is a complete moron.

    reply to this | link to this | view in thread ]

  6.  

    Re: And this is why I stay the hell away from reviews.

    identicon
    Anonymous Coward, Apr 30th, 2009 @ 1:00pm

    But are they a moron in a hurry? Isn't that the real question?

    reply to this | link to this | view in thread ]

  7.  

    Actually, Jeffers' reputation isn't in that much trouble.

    icon
    sehlat (profile), Apr 30th, 2009 @ 1:09pm

    After all, a fall from a very low height can't do a lot of damage.

    reply to this | link to this | view in thread ]

  8.  

    Re: And this is why I stay the hell away from reviews.

    identicon
    Chronno S. Trigger, Apr 30th, 2009 @ 1:33pm

    It's not hard to convey large amounts of information in a one line review.

    reply to this | link to this | view in thread ]

  9.  

    Re: Hmm

    identicon
    DJ, Apr 30th, 2009 @ 1:35pm

    Lawsuit-five!

    reply to this | link to this | view in thread ]

  10.  

    Re: Re: Hmm

    identicon
    Tgeigs, Apr 30th, 2009 @ 1:37pm

    For the Big Dog.

    reply to this | link to this | view in thread ]

  11.  

    Re: Re: And this is why I stay the hell away from reviews.

    identicon
    DJ, Apr 30th, 2009 @ 1:37pm

    I tell you what!

    reply to this | link to this | view in thread ]

  12.  

    Re: Actually, Jeffers' reputation isn't in that much trouble.

    identicon
    DJ, Apr 30th, 2009 @ 1:38pm

    depends on how/where you land.... (sorry "J")

    reply to this | link to this | view in thread ]

  13.  

    Re:

    identicon
    DJ, Apr 30th, 2009 @ 1:41pm

    You're not THE Zero Cool are you?

    reply to this | link to this | view in thread ]

  14.  

    Re: And this is why I stay the hell away from reviews.

    identicon
    Anonymous Coward, Apr 30th, 2009 @ 1:52pm

    These reviews hold a lot of sway for many people. Even if her book was the best thing written in the last 100 years, if I read a bunch of reviews on Amazon talking about how the author is a copyright NAZI I'd pass on their book in a second. It's the same thing with all the negative reviews of PC games that use DRM, who cares if the game is good or bad, I won't support DRM.

    reply to this | link to this | view in thread ]

  15.  

    Re: Re:

    identicon
    Tgeigs, Apr 30th, 2009 @ 2:00pm

    I'm kind of ashamed of it, but dammit I love that movie.

    reply to this | link to this | view in thread ]

  16.  

    Re: Re: And this is why I stay the hell away from reviews.

    identicon
    John Duncan Yoyo, Apr 30th, 2009 @ 2:26pm

    >But are they a moron in a hurry? Isn't that
    >the real question?

    These Lawyers are professional moron's in a hurry to build up billable hours.

    reply to this | link to this | view in thread ]

  17.  

    One line reviews

    identicon
    Different Mike, Apr 30th, 2009 @ 2:26pm

    I think the people mentioning the one-line reviews are overlooking a very important fact: A very large number of Amazon's customers do not read the reviews at all, they just look at the overall star rating. For those people the one-line reviews are just as effective as a well thought out, paragraph-long review.

    I love watching overzealous copyright holders shoot themselves in the foot. Or, more accurately, they get shot in the foot by their own lawyers.

    reply to this | link to this | view in thread ]

  18.  
    identicon
    Anonymous Coward, Apr 30th, 2009 @ 2:36pm

    Sentence squatting is the new domain squatting.(R)

    reply to this | link to this | view in thread ]

  19.  

    Re: And this is why I stay the hell away from reviews.

    identicon
    bigpicture, Apr 30th, 2009 @ 2:44pm

    Morons are usually too stupid to see the irony of "just bullshit" being a one line opinion that also conveys no information.

    reply to this | link to this | view in thread ]

  20.  

    Re: And this is why I stay the hell away from reviews.

    identicon
    R. Miles with brains, Apr 30th, 2009 @ 3:15pm

    Did you look at the 5 star reviews with the wall of text? Just because they had words, doesn't mean they actually conveyed anything. Most of the positive reviews provide nothing except for "Wow! I love reading self help books and I liked this one too! Wee!" Or even blatantly provide a positive review to have a plug for own self help book. Either way, the point is that the author is suffering the consequences of being stupid.

    reply to this | link to this | view in thread ]

  21.  

    bad review SPAMing

    identicon
    insignificant insect, Apr 30th, 2009 @ 3:27pm

    All those reviews were probably written by the same person, or numerous of them were written by the same person. basically "bad review" spamming. Also, notably all the negative one star reviews start when techdirt made note of it on april 27th, not april 26th when the original blogger posted about it...

    reply to this | link to this | view in thread ]

  22.  

    Feel the review

    icon
    ChurchHatesTucker (profile), Apr 30th, 2009 @ 5:24pm

    "feel the fear and do it anyway" is the work of a woman with an insane sense of entitlement, and possibly clinical OCD issues. Based on her poor understanding of trademark law, I'd avoid any advice that comes from her.

    YMMV

    reply to this | link to this | view in thread ]

  23.  
    identicon
    Sos, Apr 30th, 2009 @ 5:37pm

    Is "feel the fear" equivalent to "smell the glove"?

    reply to this | link to this | view in thread ]

  24.  
    identicon
    Anonymous Coward, May 1st, 2009 @ 2:56am

    A few days ago it had over 100 "one star" reviews... Now it has just over 50... It might be another glitch...

    reply to this | link to this | view in thread ]

  25.  
    identicon
    Anonymous Coward, May 1st, 2009 @ 5:53am

    It might be a reach to say that the action caused significant harm to this author. Who had heard of the book before doing so? If there were no sales (or the sales that would ultimately going to be made have already taken place) and then the bad reviews started, then it doesn't really make a difference.

    Who knows, the bad publicity might have sold more books.

    reply to this | link to this | view in thread ]

  26.  

    I seem to remember...

    identicon
    Anonymous Coward, May 1st, 2009 @ 7:41am

    ...someone saying that any attention is good attention, even if the attention is negative.

    reply to this | link to this | view in thread ]

  27.  

    Re: bad review SPAMing

    identicon
    MattP, May 1st, 2009 @ 11:52am

    This was the 4th place I saw the story on the 27th.

    reply to this | link to this | view in thread ]

  28.  

    Re: I seem to remember...

    identicon
    MattP, May 1st, 2009 @ 11:53am

    The attention just happens to be good for the consumer in this scenario.

    reply to this | link to this | view in thread ]

  29.  

    You'll need to be an idiot

    identicon
    Tamara, May 1st, 2009 @ 6:03pm

    Yes this women is totally wrong for going after the blogger, but putting in false reviews isn't right. Sure, give her 1 star for her actions and mention that, but don't tell lies about the book. Let people make up their own mind, if they want to support a copyright nazi or not.

    Reviews like this

    check it out, this book was so trite and useless that I actually recieved more help from a homeless man that I had given a nickle to. He was more helpful than this book and when I tried to offer it to him, he balked and spat at my feet as if I had insulted by my precieved gesture of kindness. Nonetheless I fell disheartened from this exchange and felt the need to tell the savy consumers of Amazon that this book will only be useful if you enjoy reading regurgitated common ideas. [...]

    Are so obviously made up, and no one will believe them, but some people may find this book useful. You're only hurting them if you steer them away with lies

    reply to this | link to this | view in thread ]


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