I swear I am not making writing mistakes just to amuse you! This one I made to save you from future legal battles, and it’s something I should have known better.
All I did was go to Amazon.com and searched for any book or e-book with “lazy” in the title since I figured I was writing an e-book and that’s all I needed to do. How flippin’ lazy of me :-)
Instead I found out from my friend over at Mrs. Hannigan’s Home for Girls AFTER I published my e-book called “The Lazy Mom’s Guide to Life” that there’s a web site called Lazy Moms: The Lazy Mom’s Guide to Life. I figured since only the “Lazy Moms” part had a TM by it, it was the only trademarked part and I went on with my life.
Then I got an email from a lawyer (I researched it a little and the lawyer shares a last name with one of the “lazy” moms … “lazy” in quotes because these women look too good to be one bit of lazy). Good thing it came on a Friday because I only have Internet access on weekends and he said something about time being of the utmost importance. Here’s the e-mail I got:
Dear Ms. McLoughlin:
I represent the owners of Lazy Moms and the Lazy Mom's website, http://www.lazymoms.com. My clients have claimed a proprietary interest, and corresponding intellectual property rights, in and to the Lazy Mom's concept, name and website. My clients have taken the necessary and appropriate steps to protect those rights and interests, including the assertion of trademark and copyright protections concerning the concept, website, site content and name which includes "The Lazy Mom's Guide to Life" and affiliated content as has been reflected, with all proper copyright and trademark claims, on the Lazy Mom's since mid-January, 2009.
My clients have become aware of a competing commercial interest under the name or title, "Lazy Mom's Guide to Life" that, through the internet, appears to have been written and marketed by you on your website, http://www.thekerrieshow.com/, and elsewhere (for example, http://store.payloadz.com/str-asp-i.238999-n.The_Lazy_Mom_s_Guide_to_Life_eBooks_Parenting-end-detail.html# - product added March 10, 2009). We believe this e-book and use of the lazy mom's name/concept are in violation of the clearly stated and properly-asserted intellectual property rights of my clients who have taken all necessary precautions to comply with federal intellectual property laws and make proper assertions of federal law protections for their site, site content, the "Lazy Mom's" concept and name.
I send you this e-mail on behalf of my clients as a courtesy, to ask that you immediately remove your e-book and any "lazy mom's" concept from your website (and any other web locations) to ensure no further infringement of my client's intellectual property rights occurs. I invite you to call me if you have any questions about this and to e-mail me with confirmation that this has occurred. Time is of the essence, and wish to caution you to fail not hereof under penalty of law.
Thank you for your prompt attention to this matter.
David H. Herrold
I had to take down the book cover and link from both my blogs and now will have to remember where else I pimped it. Then I figured out a new gimmick, a new title. And I Googled the hell out of it first.
I wrote the lawyer back and told him I’d work on changing my “lazy” ways, but that it might take some time since I’m growing a 5th human being and homeschooling in my spare time.