Call Yourself A 'Frugalista,' Get A Free Cease And Desist Letter
Miami Herald personal finance blogger Natalie McNeal is going all "Highlander" with her "Frugalista" moniker. As in, there can only be one. She trademarked the term and had a lawyer send out cease and desist letters to at least one other Frugalista.
The letter tells Jackson Frugalista to stop calling herself that, or else:
It is our clients' preference to resolve this matter amicably, if it is possible to do so. Further, please let us have your prompt written assurance that you and any affiliated companies or individuals will promptly discontinue and refrain from the use of the term "FRUGALISTA" in any form or derivation in any online blogs or journals. Please note that we will require documentation evidencing any changes or the cessation of use of any name or mark identical or similar to the Mark.
We look forward to receiving the information regarding your use of the Mark and your unambiguous favorable response, in writing, no later than 5:00 p.m. on Wednesday, September 23, 2009. Absent receipt of such, our clients reserve their right to take appropriate legal action to protect their trademark rights.
Kimberly Palmer, who writes U.S. News & World Report's Alpha Consumer blog, notes that McNeal's claim to the term is a little bold, considering she started the blog in 2008, when the word "frugalista" was already in circulation. Palmer contacted McNeal's lawyer, who said other writers can continue to use the word "frugalista," just not on themselves.
We'll see how this Frugalista standoff plays out this week. For now, Jackson Fruglaista is sticking with its name.
Cease And Desist Letter To Jackson Frugalista [Jackson Frugalista, via Alpha Consumer]
(Photo: Lindacat)
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Comments:
Any word plus the suffix "ista" needs to stop right now.
@friendlynerd: I want to attach a rider on this bill:
Ban the use suffix "-licious" as well. Especially with someone's name. Anyone who uses "licious" with their own name gets a swift kick to the nuts.
@pecan 3.14159265: Ha! I just watched the ad Ben posted right below, and I must say... as annoying the word looks in print, it sounds so much worse when spoken. Nails on a chalkboard annoying.
@friendlynerd: and "ati". I've almost gotten to the point where I can't visit Gawker.com anymore because every day there is some "twitterati" post that makes me shudder as if someone is scratching their fingernails on chalk board, and when that happens I always imagine the persons fingernails being ripped off and uhhhkjerhlkwejrnqarg.
Bleh. Anyway, I know I'm not their target audience, but it's usually on the weekend when my favs haven't been updated...
Anyway, what were we talking about?
OK, I'm going to trademark "douchebagalista". That is a person who uses their douchebagginess to ruin the lives of other people for no apparent reason.
Someone is way too full of themselves.
Wanna see some pics of his bigolsista? Geeez, isn't there anything better to wake up to on a Monday morning than a pissing contest between 'listas?
I swear to god I'm going to pistol whip the next person that says Frugalista.
@Moosehawk: Hey Farva, what's the name of that blog you like, the one with the stupid name and the cease and desist letters?
I think Jackson Frugalista has a really good argument. I am not a lawyer, but if I were, I'd totally write the filing AND pay the $600. I especially love that the trademark filing specifies that she (THE Frugalista) was the first person to use the word in commerce, when some googling shows that she wasn't. D'oh!
@friendlynerd:
Oh lord no, I had been hoping Ben and Meghan would choose the online handles Consumeristo and Consumerista. Using real names in the online world is so newbieish.
she sounds more like a bitchalista...
Reminds me of Carol Shelby who will probably be suing me for using his name here.
On top of being a jackass, is it frugal to pay an attorney to do this? I mean is she losing money because the other frugalista is using frugalista? Will she win?
If not, then not so frugal.
I'm going to trademark my name. I don't want anyone else to use the name Catherine. I want to be the one and only Catherine in the universe. I want to be unique! I want to stand out in a crowd. I don't want to be confused with all the other Catherine's in the world. Seriously, how is anyone going to know that all those other Catherine's are not ME?! Look at how many are on Face Book alone. OMG, I feel so...used.
@Ben Popken: It's sad, really. Per the C&D, you can be *a* "frugalista" you just can't give yourself the title of "frugalista". Sort of a very blurry line. But yeah, Target's bullseye sort of blows the argument out of the water with a corporation using it for profit -vs- a blogger using it on their own.
That said, "frugalista" sounds like a $6 drink at Starbucks.
@friendlynerd: Can this also apply to BS marketing terms trying to invent new words? Subway's commercials annoy the hell out of me whenever I hear "manjalicious".
It sounds like Ms. McNeal is placing a bit too much value on the word Frugalista to begin with. Made up words like this usually reflect a current set of tastes or some trend and often have a very short shelf-life. Then again, maybe she already knows that and wants to squeeze as much mileage out of the term as she can while it's still relevant.
Of course there's always the possibility of a backlash. She really doesn't want to make too much noise about it or else the internet may gang up to make fun of her.
She wants someone to stop using his own name because she decided to use his name--after he was born, presumably--as the title of her column? These are the kinds of people who make it seem entirely reasonable to sue restaurants for serving hot food.
@The Porkchop Express: True, it would be much more frugal to make your own cease and desist letters at home.
This is a blog from where I live, Jackson, Mississippi - hence "Jackson Frugalist".
A correction is in order. The blog is not keeping the name. [jacksonfrugalista.wordpress.com]
@friendlynerd: can we include -gate for scandals? watergate, yes. troopergate (which has been used three(!) times [en.wikipedia.org]), spygate (twice)... these things try my patience.
btw, here's wikipedia's list of scandals using -gate suffix: [en.wikipedia.org]
@Al Swearengen: 10 bucks if you execute a bash script on the intertubes that turns every "frugalista" into "douchebagalista".
@katstermonster: agreed. i think i'd turn the tables as well & counter-sue for royalties. make the miami herald her bitch for the rest of her life.
@Ben Popken:
McNeal has registered the mark for:
"Online journals, namely, blogs featuring spending habits, saving tips, consumer information and deals, and other financial advice."
This likely does not apply to Target's advertisements.
Further, prior use by others is not a bar to registration of a trademark.
@mac-phisto: wow. i should read a little more closely. i though she was suing someone whose name was "jackson frugalista". evidently, 3 coffees wasn't enough this morning. *goes to make more*
This is like arguing over who gets to keep dancing the lambada or wearing parachute pants the longest.
@katstermonster:
I am not sure what you mean by the fact that the application states the first use in commerce date. That date is the first time the registrant used the term in commerce which is needed for a 1A application. You will notice on 1B application that is not present because it is not necessary for such applications by their nature.
As stated above, other people's prior use of term in commerce does not prevent another from registering a trademark on the national register and obtaining national priority rights.
@mac-phisto:
I don't understand how you would counter sue for royalties?
@friendlynerd: What about the McCafé commercials that turn everything into "é".. Cubiclé and such crap.. Man that is annoying..é...
Paying a lawyer to write a cease-and-desist letter, which s/he probably just copied from a form and inserted things into in a matter of minutes? That doesn't seem very frugal.
I make my own cease-and-desist letters at home!
@RPHP: i was under the impression "jackson frugalista" was the person's name that was receiving the c&d. she might have recourse under right of publicity, depending on where she resides.
but, i completely misread the article, so please disregard.
@RPHP: "Further, prior use by others is not a bar to registration of a trademark."
But it is leverage to have a trademark removed.
If prior-use is pervasive enough, you lose your right to a trademark as it then becomes un-enforceable.
@RPHP: Ah, my bad, I didn't realize it was the first time the registrant used the term, rather than the first time it was used.
I hope she has legions of lawyers because that is what it will take to stop everyone from using the term.
RE: Harley Owners Group (aka- H.O.G.) and the infamous HOG witch hunt against motorcycle shops which had HOG in their name even if they were operating prior to the creation of H.O.G.
Hi, this is Amy Marquez -- I operate "Jackson Frugalista." It's not my name, just what I named my blog.
I agree, "frugalista" is a silly word, which is part of why I used it. The blog was meant to be a fun little way for me and my friends to keep up with sales, new consignment stores, etc. I am SERIOUSLY about the least "ista" person you'll meet.
I am not personally wed to the name - but I am pretty wed to my right to be able to USE WORDS. A few points:
• The trademark is for the WORD "frugalista," not the name of McNeal's blog, "The Frugalista Files." Had that been the trademark, it would have made sense.
• The approved trademark (there are 2) states ANY use in online blogs or journals. Just using the word online could be construed a violation. The pending application broadens the protection to include cable television and movies.
• The word has certain characteristics that make it ineligible for trademarking - it is of a descriptive nature, it has no secondary meaning associated with the applicant, and it exhibits "genericity," in that its use is widespread and varied enough that the general public does not automatically associate it with the applicant or her blog.
• Last but not least - it's a WORD! Not a product or a service or, even if McNeal thinks so, a person. It's a WORD. Why should anyone get to OWN A WORD???
I am going to change the name of my blog - I don't have $600 to pay for filing fees at the US Trademark Office in order to appeal the blog. I can't afford the inevitable lawsuit I'd get dragged into if I don't change the name. I'm frugal for a reason, y'all! But even if I had the money, I don't think I'd pay it - I can't imagine anything more ridiculous than having to spend my hard-earned money to get to use A WORD.
My blog is tiny-tiny-tiny. It was only ever meant to be so. But I couldn't let that c&d letter just go without making it VERY clear how very stupid I think word-ownership is.
Also felt I needed to point out the absurdity of their claim that I was infringing on her goodwill and "confusing the consuming public." Seriously? My blog is for people in Jackson, MS - thus the name "JacksonFrugalista." Hers is hosted by the Miami Herald, making the geography of her audience pretty clear. How often do you think people get Jackson, MS and Miami mixed up?
Additionally, our topics are VERY different. I talk about garage sales and discounts at fire sale and consignment stores. She talks about going a month without getting a manicure. I think she and I are talking about two TOTALLY different types of "frugalistas."
Take a moment to read the c&d letter, my response to it, and my argument against the mark on my blog, [jacksonfrugalista.wordpress.com] It's really not about the word, it's about the right to use it. I doubt I am the only blogger to have run into this kind of mess, nor do I think I'll be the last.
If these kinds of trademarks keep getting approved, how many words do you think will be left for the rest of us?
Target has a really stupid new online ad that uses the word frugalista way too much. It was so annoying to have to see that stupid ad while I was streaming TV the other day.
Does this mean this person is suing Target, too?