Jackson Jambalaya

My question would be: Did Ms. McNeil coin the term "frugalista", if not, then she is trying to get a trademark by stealing someone else's word.

That would be like KF trying to trademark Jambalaya or KF getting a cease and desist letter for using it.

And of course, she has only "applied" for the trademark...it isn't her's yet.

read this

She might have a week left to submit an opposition letter to the government stating it would harm her. This could be fun. hehe.

Oh, this is funny. McNeal's bio:

Seasoned journalist Natalie P. McNeal created and launched personal finance blog, The Frugalista Files, in 2008. She spent a month without getting her hair done, eating out or getting a manicure or pedicure. She saved $400 and took a "vow of frugality."

Didn't get her nails done or go out to eat for a month (wonder how many guys treated her to dinner or lunch) is living frugal?

LOL KF

Was she supposed to have "suffered" by not getting her hair done, going out to eat, or getting a manicure or pedicure???? So, basically what it does say is that she wastes $400.00 every other month, because she surely hasn't retained the "frugality" of those ways.

http://www.frugalistagardener.com/en/

http://greenfrugalista.blogspot.com/

http://en.wiktionary.org/wiki/frugalista

frugalista, used in 2005 by The Palm Beach Post and The Toronto Star and picked up since in a Miami Herald blog by Natalie McNeal that she calls the Frugalista Files.
http://www.nytimes.com/2008/11/23/magazine/23wwln-safire-t.html?_r=1

lol....so seems like she is trying to take for herself something that belongs to someone else.

Very very interesting. If you are going to trademark something, come up with your own term.

Keep us posted on this KF and thanks for posting the story.

JDBerry:

Don't you think it would be interesting if a copy of the cease and desist letter was sent to The Palm Beach Post and The Toronto Star??? ;)

And wonder if they were sent a copy of the same letter? Now that would be interesting.

Also, thanks for the links!

I'm not, by any means, an attorney but this seems to fit the bill as far as "fair use" is concerned.

Like you'd know fair use if it smacked you upside the head.

More links. Think they sent a letter to Target?

http://style.target.com/category/style-boutique/frugalista-updates/

http://www.walletpop.com/blog/2008/11/23/frugalista-great-word-even-better-concept/

http://www.frugalistagardener.com/en/

Sure Natalie McNeal sounds petty, malicious, vengeful, vicious and selfish, and probably hates dogs and small children, but I'm still not sure that it's fair to compare her to Anita.

I'd like to trademark let's-go-to-miami-and-kick-some-stupid-ass. We can all stay at the Fontainebleau, Miami chick reports they have free parking! (As someone who's stayed at that hotel 3 times, I can assure you, if you're staying or eating there you ain't worried about no free parking.) Looks like a lousy blog.

But this is crazy! and a waste of time. Btw, miami chick- leggings? Yeah, cutting edge. We've been doing that for three fall seasons. at least.

You go, hometown girl.

Ms Marquez, welcome to collision of the internet and Trademark issues!

I know first hand this frustration. My small service-based business in central MS recieved a "cease and desist" letter from a large mail-order catalog company in Berkley, CA!
The MS company's name consisted of 4 words, 2 of which is the name of the CA company.

My choices were: 1) Sue my business insurance company to compel representation of my company for trademark infringement; 2) Defend it myself for approximately $100K; or 3) change my company's name.

I went with option 3

Once she's done can she get a trademark on the word "lame"?

I think I might start a website
named JaxsonJambalaya

...maybe I'll get credit I dont deserve.

Anon3:16 -- This is Amy. I know it makes sense to chanche the name of the blog and if my comunications with the US Trademark Office don't get me anywhere, I'll probably do that. It's just a blog where my friends and I talk about buying stuff for cheap.

But it just GRATES something inside of me that she can do that! And, no, she didn't coin the word. It was in "common use" by about 2006-07. Unfortunately, with many of these new, groovy words we have today, it's widely (if generically) used within a certain segment of the population. Like, all the "Sex and the City" wannabes on budgets.

It's a WORD. Not a person, a product, anything. A WORD. People shouldn't get to own "regular" words.

A bunch of my friends have offered to create their own blogs with the word "frugalista" in it (MadisonFrugalista, ShreveportFrugalista, ShubutaFrugalista, etc.). I figure we ought to at least keep the lawyer busy.

Of course, all of us who have used the word-that-shall-not-be-named in this forum, in relation to ANYTHING financial (like thriftiness) are in violation of the trademark application. Keep your eyes open for YOUR C&D letter!

Did she send a letter to Target too? Because they are currently using that very word in one of their television ads.

Target probably told her to go ahead and sue. I doubt the Miami Hearld wants to lose any ad money from Target.

To me this is like trying to get a copy right for the word, "blog".

Hey wait a minute.

I have never had a mani or pedicure in my life. Seriously, a woman can sustain life without it. The last time I ate out was Krystal's drive-thru (just 3 krystal's no drink or fries) on my birthday in January. I drive a 1996 Honda with almost 300K miles.

Look, I can go on and on about true frugality, if you want to get real and rugged with it. I don't even consider someone "giving up" nailcare as frugal by any standards. "Aww, such a sacrifice, your poor little nails will have to get along as best they can..." Did you KNOW, yes, you can do it yourself! TRUE FRUGALITY WOULD NEVER ALLOW YOU TO SET FOOT IN A NAIL OR TANNING SALON IN THE FIRST PLACE, DUMBA$$!! Yes, I've got to use caps to make sure it is understood.

Amatures!!!!!

Oh and btw, I first started using the word "Dumba$$" in 1967, I started with "Dumbaunt" and shortened it to "Dumba$$" making it a more versatile adjective. I think I probably have the original copyright on that then, pretty sure that's how it works.

Doesn't someone owe me some royalties or something? I'm making some calls, I need a copyright atty and fast. And you better watch it using "dumba$$", I've coming for ya.

Anon 8:34 - I don't know if anyone owes you, but I just trademarked "btw" so you might owe me something.

:)

8:34, hey that's fine by me. Let's use the same atty to handle this, we'll get a better deal that way. I'm gonna be rolling when my Dumba$$ comes in! And working on some real big stuff too. btw is small potatoes. In fact, you can have lmao too. I passed on that, don't wanna be associated to too many a$$ words. I am staying classy.

Just how in the hell can it be allowed legally that someone can trademark/own a freakin' word? A phrase, maybe, a logo, maybe, but a word? Especially one that was already in usage and obviously not coined by her. Is she claiming it as intellectual property? Anyone know what 'standards' are used when "purchasing" the rights to a word?

(sigh)

For me to oppose the pending application and appeal the previous application, I would have to spend $600. That's a $300 fee per filing. I just can't swing that.

I DID send emails to William Safire's NYT addess and to "The Good Word" columnists at "Slate." Finding someone in the national media to point out how stupid this whole thing is might be my only option.

This whole thing is just SO STUPID.

That said, until a lawyer appears at my door with something official, I am going to keep my blog going. If anyone has any marvelous thrifty tips to share, please do so! I plan to keep posting -- and do so under the name Jackson Frugalista.

Tell them to send a takedown notice to Target. They just aired a commercial which prominently uses the term Frugalista.

Randy Wallace

Amy:

I would forward a copy of the email from the lawyer to the folks that actually started using the word professionally first.

That way, they will know who is trying to take credit for something that doesn't belong to them.

Good luck! Keep us posted.

I would suggest hiring a trademark attorney for yourself. Make sure it is someone who practices trademark law on a regular basis, not one of these big firm attorneys who state it as part of their practice.

This could be easily resolved with a well written letter from a seasoned trademark attorney sent to the opposing side.

http://www.usnews.com/money/blogs/alpha-consumer/2009/09/18/frugalista-debate-one-blogger-stakes-claim

I am now the Artist Formerly Known as Jackson Frugalista.

I caved and changed the name — my “buy cool stuff cheap” blog is now http://frugalmississippi.blogspot.com. I ma looking forward to posting info about garage sales in Pelahatchie, MS, without the threat of a lawsuit.

THAT SAID — I am not willing to let the issue die. So I created a second new blog, “Really Dumb Trademarks.” Its address is http://reallydumbtrademark.blogspot.com.

I CAN’T believe I am the only person this has happened to — other people have had their online freedom of speech cut off because of some ridiculous trademark filing. I’d like us all to have a place to go and vent.

I also want to post resources for site visitors who wish to fight the fight.

Ideally, this new blog will catch the attention of some organization that works to protect individuals’ rights online. If I can get someone like that interested, I’d like to see all the people who offered ME money to help in a fight against Trademark Girl in Miami direct those funds to a larger effort to make trademarks work fairly for everyone.

Those of you who have spoken out on the plain craziness of this trademark, I hope you’ll stay interested in the topic. Maybe we can continue to make some noise, get some things changed, and then I CAN CHANGE MY NAME BACK. And laugh maniacally towards the general direction of Miami.