So the current viral story is the Jackson, Mississippi blogger being targeted by the Miami Herald for use of a word. That word…which will assuredly earn me a C&D of my very own…is “Frugalista”. I’m not opposed to branding. I also understand that if you have a trademark, you are required to defend it or you will lose it. I’m not even totally opposed to the idea of asking that the blog name be changed to avoid any confusion…silly though that is. That’s all fine and good. But the letter had this little tidbit:
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 â€œFRUGALISTAâ€ in any form or derivation in any online blogs or journals.
Let’s look at that for a moment. They want her to “refrain from the use of the term” not just in her blog title but “in any form or derivation in any online blogs or journals”. This means to comply with this order she can’t even say “I was reading The Frugalista Files” without being in violation. I think that’s a bit far. Being barred from using a WORD? It’s not even a word the trademark holder created. We’re not talking about Kleenex or Xerox here. We talking about someone that decided to use a word that is pretty generic and existed before she got into blogging and then trying to prevent the world from using it.
In that spirit, I am offering my feelings on this through my blog. Until the trademark is revoked as submitted, I will end all posts with the same line. And I dare you to C&D me…there’s no way my use is confusing to anyone.
I Am Not A Hypocritical Frugalista That Hates Freedom Of Speech.