of um no department
For some reason, while we see a ton of cases where someone tries to tag a word or phrase that is absolutely generic and not a source ID, it often seems like some of the more ridiculous cases are coming from the literary world. . Why the authors have such a hard time with this may not be entirely mysterious. Steeped in an industry with a tradition of strong opinions on copyright protections, I guess it’s a small leap that those in this industry would assume the brand works the same way. After all, journalists make this mistake all the time, so why not the authors?
Yet seeing my fellow writers race for branded words like “how” or “arrogant” is more than mildly frustrating. And now we can add the word “dark” to the mix, as author Christine Feehan applied for a mark on this word for use in books and fiction.
Christine Feehan is the author of several successful series, including one simply titled “Dark” – in her trademark application to the USPTO, she requested the exclusive right to use the word “Dark” (in “characters standard without any claim to any particular font style, size or color “) in” Series of works of fiction, namely, novels and books “.
Literally thousands of books have the word “dark” in their titles, including several series such as His Dark Materials by Phillip Pullman and Dark Tower by Stephen King.
Yes, they literally do. And not just books either. Hell, Its dark materials has an HBO adaptation playing right now (and it’s awesome). The idea of locking up a single generic word such as “dark” for all fictional literature is one of those things that should obviously not be allowed to happen. But for the legal argument as to why this is not a thing, it is because a word like “dark” very obviously does not refer to the source of a good. On the one hand, it is not unique. For two, the word is and has been used in literature since roughly the time when man created literature.
Now, before we all start wringing our hands here, it’s almost certain that this brand will never be approved.
Feehan’s request has not yet been assigned to a reviewer. It was filed on his behalf by Greg Mavronicolas, a New York-based attorney with the Mavronicolas Law Group PLLC.
Dark days are very likely to come for Feehan, as this is an app that should be thrown in the trash.
Thanks for reading this Techdirt post. With so much competing for attention these days, we really appreciate your giving us your time. We work hard every day to bring quality content to our community.
Techdirt is one of the few media that is still truly independent. We don’t have a giant company behind us, and we rely heavily on our community to support us, at a time when advertisers are less and less interested in sponsoring small independent sites – especially a site like ours that does. does not want to put his finger on his reports. and analysis.
While other websites have resorted to increasingly annoying / intrusive pay walls, registration requirements and ads, we have always kept Techdirt open and accessible to everyone. But to continue this way, we need your support. We offer our readers a variety of ways to support us, from direct donations to special subscriptions and cool products – and every little bit counts. Thank you.
–The Techdirt team
Filed Under: christine feehan, dark, fiction, trademark