04.27.09
Feel the fear and do it anyway
One of the risks of saying negative stuff about microcap companies (as I often do) is that the crooks, frauds, and losers who run them tend to like suing their critics for defamation. I have an expensive lawyer on retainer to vet my more inflammatory blog posts and to respond to idiots who try to sue me. I resent the fact that I am more at risk of getting sued than are the corrupt CEOs who blatantly lie and then hide behind ‘forward looking statements’ and disclaimers. Because of this, I take umbrage at any who would curtail freedom of speech in any way, anywhere.
So when it came to my attention that Susan Jeffers, a writer of annoying self-help books, had her lawyers issue a cease and desist letter to a blogger who used the phrase “feel the fear and do it anyway” (which is the title of one of her books), I felt that I had to blog about it. Certainly I felt fear. But I did it anyway (without even reading her book).
I also did it without asking her permission, even though her website states:
“The phrase, Feel the Fear and Do It Anyway®, is Susan’s registered trademark. If you wish to use this phrase for any purpose whatsoever, you are legally required to seek permission from Susan. You can do so by contacting admin@susanjeffers.com.”
There is one problem with this statement. It is absolute poppycock. A trademark on a phrase does not prevent someone from using that phrase in a non-commercial manner. A trademark only protects a mark from being used by competitors; it does not prevent a trademarked phrase from being used by anyone. I should also point out that the phrase that is trademarked is “FEEL THE FEAR…AND DO IT ANYWAY” with an ellipsis (search for it on TESS to see more details), not “Feel the Fear and Do It Anyway”
Disclosure: I am not a lawyer. Despite that, I feel little fear that my interpretation of trademark law here is wrong and even if I did, I would post this anyway.
Brian said,
April 27, 2009 at 3:29 pm
Do you blog elsewhere on the net? Your posts here are infrequent. I see you on Tim’s site but where else are you blogging?
thanks
michael said,
April 27, 2009 at 3:34 pm
nope, just here. Sorry for the infrequency but I only blog when I have really important things to say. I do twitter a lot of shorter thoughts: http://www.twitter.com/goodevalue
TV said,
April 27, 2009 at 11:21 pm
Wow. I completely agree with you and i couldnt of said it better myself.
thehammer01 said,
April 28, 2009 at 10:39 am
Thanks for the good post. I searched the TESS and as someone who has filed for a Trademark in the past, I’m shocked she got this one through.
Especially registering it for “Stationery, blank note cards, book covers, bookmarks, address books, appointment books, note books, bumper stickers, blank cards, greeting cards, motivational cards, note cards, cards bearing universal greetings, decals, memo pads, note pads, note paper, scratch pads, writing pads, pads of adhesive-backed paper notes, writing paper, paperweights, personal planners, blank or partially printed postcards, posters, scrapbook albums, stationery writing paper and envelopes, stickers; printed instructional and teaching materials in the field of psychology, personal growth, self-help, inspiration, relationships, parenthood, and motivation; syndicated and non-syndicated magazine columns dealing with opinion or advice in the field of psychology, personal growth, self-help, inspiration, relationships, parenthood, and motivation; syndicated and non-syndicated newspaper columns dealing with opinion or advice in the field of psychology, personal growth, self-help, inspiration, relationship, parenthood, and motivation.”
wow
rav said,
April 28, 2009 at 11:16 am
Funny post.
I used to read your blog on Fool but I guess you stopped posting there. It would be nice if you came back because I liked the banter and I find your posts are entertaining, insightful & thought provoking.
Good Job & Good Luck.
Max said,
July 10, 2009 at 9:55 am
and because of Paris Hilton no one can ever say “That’s Hot” ever again.