Some superstars get to trademark a word and buy themselves trouble, and others have to persevere for many years before their brand and image is shielded.
As far as I know, no one has trademarked "Begotten" (if you noticed my text link), but I believe that the chorus of that hymn and the lyrics of many others contain the word "evermore".
Writers may remember extreme concerns a few years ago when either a publisher or a best selling author appeared to attempt to trademark a term which was widely used by most romance novelists. In fact, at least as of a review in 2017 on FindLaw, publishers and novelists may trademark a book title or the name of a series.
Lawyer and legal blogger Monifa Hall of the GreenspoonMarder LLP Intellectual Property blog describes the heroic saga of how it took Dwayne "The Rock" Johnson until very recently to acquire full ownership rights to “The Rock” trademark. One of many fine points she makes is:
"Johnson’s proactive approach to trademarking “The Rock” demonstrates the importance of taking decisive steps to protect valuable assets from potential infringement or misappropriation"
https://www.gmlaw.com/news/can-you-smell-what-the-rock-is-trademarking-a-look-at-ip-protection/
Meanwhile, legal influencer Igor Demcak of the trademark lawyers group Tratmatm has written two interesting blogs that are well worth reading.
One is about trademarked keywords, and the pitfalls of using other peoples' words, especially on Amazon.
https://www.lexology.com/library/detail.aspx?g=6ef78412-5971-4977-a3ff-0982b5dc70b9
For a relatively unknown vendor (debut author, for instance), it is tempting to get noticed and to show up when readers search for specific words by using the names of more famous authors or books or series. Indeed, and as Igor Demcak says,
"The use of appropriate and well-researched keywords can lead to higher visibility, more clicks, and ultimately, increased sales."
The bother comes when one chooses inappropriate or shoddily researched keywords.
Igor explains Amazon's policy, and then discusses the risks of trademark infringement, which might include their product being removed, their account being suspended or closed, and legal action taken by the trademark owners.
The other blog by Igor Demcak that I wish to recommend today concerns trademark bullying.
It's a What-To-Do if you used a trademarked word in your promotion, and face overly aggressive enforcement.
He writes:
"One of the defining features of trademark bullying is the imbalance of power between the parties involved. Typically, the bully is a large corporation or well-established entity with significant financial resources and legal firepower, while the target may be a small business, entrepreneur, or even a non-profit organization. In many cases, the mere threat of litigation is enough to coerce the weaker party into compliance, regardless of the validity of the trademark claim."
Igor goes on to describe some interesting real-world cases where a trademark owner overstepped, but the legal process was cripplingly expensive for the little guy, and also to offer good advice for persons who feel that they are being bullied unreasonably.
"Document Everything: Keep detailed records of all communications, including cease-and-desist letters, emails, and phone conversations. Document instances of abusive behavior or unreasonable demands, as this information may be useful in defending against future legal action or filing counterclaims."All the best,
Rowena Cherry
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