What punishment, penalty or restitution should be given to someone whose only mistake was the way her attorney presented the trademark application and how that was perceived? She didn't break any laws. She didn't harm any person or company. No one was hurt. Right away she corrected what was upsetting people and apologized for upsetting them.
Other than that, what do you feel is fair?
Wanting to hurt someone just because you're mad doesn't mean they deserve that.
"I made a silly decision that had a chance of ruining someone else" is absolutely incorrect. You are wrong. That was never going to happen. It couldn't. That's not how trademark works. People jumped to conclusions and this author is paying the price.
Forgiveness should always be the default before hate.
True.
You can.
And sometimes you should. It's according, again, to context.
To secure your series for comics and graphic novels or movies it's expected that you'll trademark the series. This is standard which is why you have words like Twilight and Goosebumps trademarked.
Trademark has to do with branding and with consumer confusion. It isn't about "owning" a word.
The Dark Series has been around since the 1990's and is well established (34 novels). The problem wasn't the trademark, which still had a chance of being approved. The problem was the perception when the attorney only used the word "Dark" and not "The Dark Series".
People were trying to get Stephen King to chime in on this, but he didn't. Neither did Nora Robers or other notable authors with the word "Dark" in their titles or series. They didn't need to because the potential trademark wouldn't actually infringe on their works. Why should they pay legal fees for a fight that's not happening?
Being angry or fearful isn't the problem. To me, the problem is thinking your feelings validate your opinion or justify the level of cruelty I witnessed over this issue.
This isn't a trademark problem. It's a society problem.
I just wish people had more compassion. I get not having the time or energy to go out and research complicated trademark issues. But, making things up, perpetuating incorrect information, calling names, sending threats, and generally being mean isn't a reflection of what she deserves, it's a reflection of what's inside of the person doing it.
/div>
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Re: Re:
What punishment, penalty or restitution should be given to someone whose only mistake was the way her attorney presented the trademark application and how that was perceived? She didn't break any laws. She didn't harm any person or company. No one was hurt. Right away she corrected what was upsetting people and apologized for upsetting them.
/div>Other than that, what do you feel is fair?
Wanting to hurt someone just because you're mad doesn't mean they deserve that.
"I made a silly decision that had a chance of ruining someone else" is absolutely incorrect. You are wrong. That was never going to happen. It couldn't. That's not how trademark works. People jumped to conclusions and this author is paying the price.
Forgiveness should always be the default before hate.
Re: Re:
I know the "Anonymous Coward" is the default. It's also telling, which is why I specifically said it.
But, thank you.
/div>Re: Re: Ridiculous
True.
/div>You can.
And sometimes you should. It's according, again, to context.
To secure your series for comics and graphic novels or movies it's expected that you'll trademark the series. This is standard which is why you have words like Twilight and Goosebumps trademarked.
Trademark has to do with branding and with consumer confusion. It isn't about "owning" a word.
The Dark Series has been around since the 1990's and is well established (34 novels). The problem wasn't the trademark, which still had a chance of being approved. The problem was the perception when the attorney only used the word "Dark" and not "The Dark Series".
People were trying to get Stephen King to chime in on this, but he didn't. Neither did Nora Robers or other notable authors with the word "Dark" in their titles or series. They didn't need to because the potential trademark wouldn't actually infringe on their works. Why should they pay legal fees for a fight that's not happening?
Being angry or fearful isn't the problem. To me, the problem is thinking your feelings validate your opinion or justify the level of cruelty I witnessed over this issue.
This isn't a trademark problem. It's a society problem.
I just wish people had more compassion. I get not having the time or energy to go out and research complicated trademark issues. But, making things up, perpetuating incorrect information, calling names, sending threats, and generally being mean isn't a reflection of what she deserves, it's a reflection of what's inside of the person doing it.
Techdirt has not posted any stories submitted by Sheila_an_Author.
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