Be Careful Challenging Others To Read 100 Books, As You Might Infringe On Someone's Trademark
from the do-morons-in-a-hurry-read-books? dept
Jacob writes “It appears that American Reading has several trademarks on the term “100 Book Challenge,” and as such, has sent a cease & desist letter to the owner of the website LibraryThing.com (a social cataloguing site that also provides content and services to libraries) for having a user-created discussion group called “100 Books Challenge 2010” (and also for previous years).
I looked up the trademarks they listed in their C&D letter and they all seem to apply to educational programs designed to promote children (pre-k to 12th grade) to read through incentives and stuff. Members of the 100 Books Challenge groups on LibraryThing, however, only commit to reading at least 100 books in one year, with no set curriculum, reading levels, or prizes, and all members of LibraryThing are, by law, over the age of 13, due to the COPA, and as such, are not “children.”
I do not know if they’ve sent a similar letter to other sites that have a “100 Book(s) Challenge,” such as another social cataloguing website called GoodReads..”
There are certainly questions about whether or not there’s any likelihood of confusion here. I have a lot of trouble seeing how any such confusion would result. It also seems like the term is being used in a descriptive way (it is in fact, a 100 books challenge), which you would think would help qualify as fair use. But, of course, just going through the process of fighting such a claim is expensive and probably not worth it for a site like LibraryThing.