For independent bloggers such as myself, protecting our trademarks is becoming a huge issue as blogging moves into the mainstream, and this week’s controversy over the naming of what would otherwise be an interesting site has lit a touchpaper on the subject.
Earlier this week I received an unsolicited email inviting me to visit a blogsite called www.thecoveted.com
I clicked through and looked at it, confused. Goodness, I thought, why on earth would long-term blog writer Jennine Jacob re-launch her long-standing & well-regarded blog The Coveted just before NYFW, when she must surely be in the middle of organising her other project, the enormous Evolving Influence conference? And why change her rather good logo?
At no point did it occur to me or, it transpires, many others, that this site was not a project from the founder of www.the-coveted.com Jennine Jacob.
But it wasn’t. www.thecoveted.com is a new site launched by Erin Kleinberg, Stephanie Mark, and Jake Rosenberg. (I am not linking to it. They have had quite enough traffic off the back of the REAL Coveted site as it is).*
I have been in Paris for couture all week and, with Orange’s absymal Blackberry roaming, I’ve only been able to check into Twitter intermittently. But as I did, I started to notice more and more Tweets from others in the online space signalling confusion about The Coveted’s new venture and then, as the week progressed, outrage, anger and shock that a new fashion blog would see fit to encroach on both another blogger’s reputation and their online space.
Because, protest as the new Coveted may that they knew nothing of Ms Jacob’s site, they surely cannot expect us to believe that they do not use Google, did not check for other sites with the same name before launching their own. (Do read the letter Ms Jacob’s lawyers sent to Klein & co, and their preposterous response here.)
This would demand a level of naivity somewhat belied by their concerted media launch campaign and the fact they have constructed a mailing list to send unsolicited emails to what appears to be the entire style blogging community. (And which, can you believe it, included Ms Jacob? If they can send her an email asking her to check out the new site then they surely must have known of her domain name.)
[And let’s not forget that Ms Jacob owns the Twitter handle @thecoveted, which forced the new Coveted to use something different. QUITE a large clue as to the existence of the first Coveted site wouldn’t you say?]
Lest you think, as the new Coveted claims in its legal response to Ms Jacob’s cease & desist request, that confusion would be impossible, limited to only a few people who knew of The-Coveted.com and its founder Jennine Jacob, let me disabuse you: Jacob’s The Coveted was launched in 2007, and it is one of the best loved style blogs.
Jacob also founded and runs the premier online resource for fashion bloggers: Independent Fashion Bloggers, as well as launching Evolving Influence, five seasons ago, which has become the world’s largest fashion-week endorsed fashion blogging conference. I think it is clear that anyone even remotely engaged with the online world of fashion blogging and sites, would know of her and of www.the-coveted.com. [Disclosure: I have written, unpaid, for IFB & am a speaker (on ethics in blogging) at Evolving Influence 2011.}
And that’s quite apart from, as I detail below, the confusion caused by having two identically named sites showing up in Google searches. (To add insult to injury, I suspect that the main reason that the new Coveted even shows up on the first page of Google is because of Ms Jacob’s hard SEO work in placing that term high up in Google. There is no way a brand new site could appear that high that quickly on Google otherwise)
(I’m also not loving little stunts that the new www.thecoveted.com is pulling: like sending a Thanks FF Tweet to Stylebubble, when Susie has made it very clear through her own tweet that she supports Ms Jacob’s site and not the new one.)
And, although for me and many, many others, the unalloyed joy of the blogosphere is its community spirit, and having each other’s backs, I am going to have to do something that sits hard with me. I am going to have to make it plain here that I am not acting in concert with anyone else.
This is because, although there is this little thing called the First Amendment, of which the new www.thecoveted.com’s lawyers seem to be unaware, they have threatened Ms Tam with legal action if she publicises her fury with them or encourages other to do so.
So, just to make it crystal clear:
Jennine Jacob has not contacted me in any way on or off-line to ask for support in this matter. I have tweeted, posted on Facebook and am writing this post to express my opinions and my opinions only after examining the facts of the case.
*If you are wondering why Ms Jacob did not use www.thecoveted.com herself, rather than the-coveted.com, it is because it had been bought years ago by someone else, but was not used on either a live site or one in construction.
Addenda:
1) I see that the new The Coveted have suspended all comments on their Facebook page. Now, why oh why could that possibly be?
2)I am not a lawyer, but it seems to me that in the UK, Ms Jacob would be protected by the common law tort of Passing Off, as it is clear that the new Coveted site benefits from the reputation of Ms Jacob’s site, as it means that the search term “the coveted” is placed high in Google through Ms Tam’s years of hard work, and because Ms Jacob will lose substantial traffic from confused readers, who head to the new site in the mistaken belief that is it hers.
Here is an extract from Wikipedia:
“Passing off is a common law tort which can be used to enforce unregistered trademark rights. The tort of passing off protects the goodwill of a trader from a misrepresentation that causes damage to goodwill.”
3) Signature 9’s good piece on eminent domain here
DON’T FORGET TO SIGN THE PETITION! Click through on the widget at the top of the post.
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I’ve signed. Thanks for doing this, LLG. I’ve been mainly off-line/slightly connected due to power outages in DC-area. Therefore I didn’t know a thing about this…xo
I can’t believe there are people out there who are so devious and unethical as to steal another individual’s trademark to promote their own blog. Oh, not forgetting the fact that they slap a ridiculous AND illogical reply to the letter. I’m new to the blogshere and have never heard of the-coveted.com but I’m going to add her blog to my favorites from now.
This is awful. I keep landing on the fake/new The Coveted site without wanting to. They really don’t have a leg to stand on. Backing Jennine Tam all the way on this.
Thanks so much for writing about this LLG. For a community which is generally so supportive and decent, this whole situation is horribly nasty. And to pick Jennine of all people. It really does make you want to weep.
I have signed and you have put this very eloquently
I’ve signed yesterday and linked to the story on my Facebook page also. I’m a lawyer so I find it particularly offensive when people have this sort of behaviour AND get lawyers to back up their preposterous claims with vague threats of legal action.
Just to add to your last point, common law in the United States protects unregistered trademarks. In speaking with multiple attorneys for our original post, I actually learned that this was inherited from English law. I’d be surprised if Canada (where C2 founders reside) didn’t have similar laws in place.
In researching the piece, I also found that Google estimates 2400 people per month search for the exact phrase “the Coveted”
Thanks so much for spreading the word about our petition! I’m hoping it will hold enough merit to be used to prove to Kleinberg’s lawyer exactly how many of us were confused by her site’s appearance. I think what they (The Coveted 2.0) are trying to do is appalling, and if allowed to continue sets a very bad precedent that can be harmful to bloggers everywhere. Fashion or not.
Have signed the petition. Thanks also for clearing up the fact that Stylebubble didnt FF them! I thought she had!!!
I find this story really upsetting. I had a situation a bit like this last year when someone started another blog called Coco’s Tea Party (using the URL sdcocosteaparty.blogspot) and was stealing my posts and images. Luckily they stopped once I discovered it and asked them to shut it down, and no one was really reading it anyway.
But that was annoying and upsetting so I cannot even begin to imagine how Jennine feels as this is on such a huge level. I really hope some solution can be found as it’s horribly unfair for her. It’s also interesting as people seem to have a totally different attitude about stealing from blogs as they would from newspapers, magazines etc.
I’ve signed too and I really hope everything is resolved soon. Like so many other things, Jenine will set a precedent in the short history of blogging. Thanks for doing this! Kisses from Spain.
GREAT post, LLG. I would like to add that it is preposterous to demand from Jennine that she not mention her problem or how angry she is.
She has the right to FREE EXPRESSION which includes discussing her feeling online. She can only be sued for knowingly posting falsehoods or encouraging harm.
Outrageous attempt to scare people into giving up their right to free speech!
Done. And agreed.
Intellectual thievery does not happen by accident. Jennine’s blog is well known on its own and doubly so with the weight of IFB … how ironic that the creator of a fashion blogger community to help and unite bloggers is being harassed by a non-American (no idea what the impact is at law and can only imagine the legal fees are doubled by international research). I posted my thoughts on the faux site on every post of its. Sad that they are also shutting down the commentary from the blogging community.
It’s a huge issue and my lips are curling at the thought of the people behind this assault, not strangers to reporting.
Brilliant recap and posting this to my facebook status.
I care.
InNewYorkParisTomorrow.blogspot.com
Excellent post, LLG. This showing of support for Jennine is encouraging and I am hopeful that the devious team of that other site are forced to shut it down. And that FF thing actually shocked me. How dare they? And in the midst of all this drama, too. Just proves their true nature and deceitful intentions.
I’d have to dig through my textbooks for this, but I’m fairly sure that at least part of the protection for a trademark etc depends on actual use– and Jennine has that on her side.
The ripoff url was created in 2006, but the current ripoff owners seem to have come into possession of it very recently– I STRONGLY doubt that they owned it before the-coveted came into existence.
As someone who lobbies for IP rights and sits firmly on the bench for Team “first to invent,” I believe that your friend Ms Tam has a right to her brand. However, being a fashion blog junkie, I can honestly say I’ve never heard of her or her blog. (I have no excuses. Sorry.)
In fighting the proposed changes to current US patent law which would move the US towards the (crappy IMHO) Euro-style “first to file” and away from our current “first to invent system,” (good) it sounds like there’s a lesson to be learned here. People, if you have a good idea, don’t assume that its yours just because you came up with it and you’ve been using it/ marketing it for several years.. PROTECT it by using all means available to you. ‘Cause someone else out there is thinking up the same great idea and if they get to the copyright office, or patent/ trademark office before you, you’re outta luck. (yeah, I know copyrights are easier to claim but that’s another story) Register the hell out of it! Don’t expect others to know you exist. Don’t rely on the existence of prior art as your defense. Even if you’re all over the internet but you haven’t registered your brand, its not yours in the eyes of a bunch of lawyers. And in this case, her brand wasn’t widely enough known to give the new kids a headache. People don’t always search to see ideas already exist and even if they did, and you aren’t registered using the laws at your disposal, you’re lost. I wish her luck and now I will start reading Ms Tam on a regular basis. I rely on LLG to keep me up on this stuff.
oops: In my post I referred to Jennine Jacob as Jennine Tam (her maiden name).I have now corrected this. LLG
Go Team Jennine! As a newer blog ourselves,we look forward to the outcome of this and how it affects the blogging community.
I feel bad for this blogger and while morally I think she has a right to be upset, I doubt that she will be successful legally.
1. The other site is using Ogilvy Renault, a fancy very good Canadian law firm. My jaw dropped when I saw the letterhead. The other site must have serious money -> important in any business legal dealings.
2. The response letter from the other site makes a strong point that the words covet and coveted are used already by other businesses in the fashion industry. Unless the owner of the the-coveted plans to have some sort of legal action against all the other companies, its gonna be weak. She would have a hard time claiming this site is damaging her trademark and the other ones didn’t as they are all in the same industry.
3. The sites don’t look anything alike.
4. Mailing lists is not solid proof that the other site is aware of the original. they could’ve solicited a list of contacts who are in this industry.
What I don’t understand is why the second site would want to steal or even inadvertently use someone else’s brand. They seem to be a decent site based on their postings so far. They obviously have lots of great connections. And even here, there are people who have not heard of the original coveted site (I had not either) so its not like it would be that huge of a boost for mainstream browsers. And since they could afford to pay refinery 29 to do their own ad post, they would’ve gotten high traffic flow from that alone. It is so lazy or stupid, they probably deserve to fail epically.
Done. Let’s hope enough people sing the petition and the dodgy site is forced to shut down.
Seriously outraged at the whole thing!!! :/
Thanks for spelling this out. I’ve also signed it and the irony is not lost on me either that these chumps chose the wrong blogger to bully. Hello, how many other bloggers run fashion blogging conferences and have hundreds of influential followers on side? I predict the outcome will find in favour of Jennine but regardless, what a bloody nightmare for Jennine to have to deal with days before Evolving Influence.
Sasha, I can’t applaud you enough for making this so public. I received the same email inviting me to view the new site the other day, and am sorry to say I actually thought it was an excellent new project of Jennine’s (though couldn’t understand why she hadn’t linked between what I thought were her two blogs).
When my blog was just a few months old, a reader left a comment asking me to visit their site. When I did, I was horrified to see that they’d lifted basically my entire concept (right down to their ‘about me’ words, almost verbatim!), except interpreted all my idea with awful writing, photography and general shabbiness. I was so horrified I vowed never to look at it again, but you’ve made me think I should take this up. I can’t imagine the anguish Jennine is going through to have this happen to her on such a large, public scale (and after so many years of her hard work and creativity).
Briony xx
Signed!
Great post, raising some important issues. Although my blog is relatively new, I had a very similar thing happen to me when a supposed old school friend literally lifted the entire premise of my blog and started her own, down to the name.
Needless to say, I was powerless to do anything. Or at least I thought I was.
Considered my signature added.
I got the email too and it confused the hell out of me. Then I saw Jennine’s post today and I was utterly shocked. Worst of all the other coveted is based here in Toronto. It seems that they put a lot of work into their site but the whole name thing is just unnecessary. I am now part of their email list even though I never signed up (how did they get everyones email?). Jennine got the same email so surely they must have been aware of who she was and of her site.
They should just end this now by choosing a new name for their site. Simple.
Hi Sasha
Great post. As a UK IP lawyer, I am well versed in this sort of behaviour. Another course of action may be under the UDRP — http://www.wipo.int/freepublications/en/arbitration/892/wipo_pub_892.pdf
This is the type of case that shows what a sham legal systems can be. It is also making the lawyer for the other Coveted look like a horse’s ass.
“The Coveted” isn’t the first thing that springs to mind when thinking about the name for a fashion blog, is it. It would take some thinking to arrive at it and my guess is that–hypothetically–someone would use the participle as an adjective before using it as a noun. “Coveted Closet” or somesuch.
It seems obvious that we have a land-grab here, a deliberate and carefully constructed one. It was easier to steal this brand then, let’s say, the LLG brand, which relates to an actual persona. Of course the other Coveted knew about Jennine’s site; everything about their own site smacks of market research. They simply found that the URL was free and they bought it. I imagine that they felt it was their lucky day.
Outrageous!! Thanks for writing about this. I can only start to imagine how upsetting this whole story must be for Jennine. xx
PS: Petition signed, off course.
Thank you for supporting lovely, LLGxx
Can’t believe I haven’t read about this before today. This is such a blow to such a hard-working blogger who gives so much to bloggers and the blogging community. Really hope that it can be resolved in her favour very soon. I’m off to sign the petition now.
Thanks for raising this and making me aware of it
Exactly. Fingers crossed. LLGxx
Thanks for sharing this information. I do a lot of work in online marketing and one of the things that is recommended for those setting up online is to make sure you buy up all domain names like yours (maybe on the expensive side if you’re a ‘baby blogger’ but not out of the question). Perhaps this is a timely reminder for bloggers to take charge of their domains and assert their right to protect their intellectual property.
That said, the whole thing is despicable, because it seems to me that the people who have started the second site have plenty of resources. No amount of protesting from them is going to convince me that they didn’t know about Jennine’s original site.
I’m signing the petition and they’re going on my twitter blocked list.
Too true: I’ve just been on a domain name spending spree. And I agree with you. LLGxx
You’ve eloquently pointed out what a débâcle this thing is and highlighted how sly they are being about knowingly riding on the success of the original The Coveted to direct traffic — the tweet to Susie Bubble! Grr! As I think I read Jacob’s saying on IFB — it is a disappointing shift in the fashion blogosphere and will be even more disappointing if they win.
I don’t meen to cauze truble but I hope u will check out my new fashun blog @ thecovetour.blogspot.com