I live in grey area. There are few things that I view as absolutes. Everything seems circumstantial or situational to me, except for something that’s been bothering me for months.
I filed for a trademark for Two Bitches and Jules since I wanted to have shirts to help promote the blog.
An attorney took care of the paperwork for me and felt that it would be a pretty smooth process.
We thought it would be basic.
Until it wasn’t.
A company decided to challenge my application, feeling that there would be confusion between the two marks.
There was no confusion.
They don’t write blogs about dogs, running, politics, or whatever else is festering in my mind.
They sell stuff. Nothing I’m interested in buying, but someone must be as they employ over 1,000 people and have attorneys on retainer to bother writers like me.
I used to believe all the nonsense I was told about even playing fields and Davids beating Goliaths. Don’t get me wrong, I still believe in a good fight, but the underdog cannot win in this specific environment. There was absolutely, unequivocally no way that anyone would ever confuse Two Bitches and Jules and the company that challenged my trademark application. No alternative facts could spin this one. The products are different, the fonts are different, the styles are different, the audiences are different, in short, everything is different. We speak the same language. That’s where the similarities end. I would hedge a bet that if my case were presented to anyone within the leadership of the company whose attorney challenged my trademark, those individuals would agree with me and probably be a little irritated that their resources were being used for these types of legal challenges. It’s nothing against the attorney, that’s why attorneys are hired. I have no doubt that a judge would have also agreed with Two Bitches and Jules.
I can’t get to a judge.
I can’t afford to be tied up in depositions and legal wrangling with a company with vast resources. This blog, that I believe in with all my heart, is a space for me to share my thoughts and ideas, it’s not anything that generates income. I have a whole other full-time gig for that.
I made the decision to withdraw my trademark application for my Two Bitches and Jules clothing. The clothing to promote the blog, which is the centerpiece of Two Bitches and Jules. The blog is the THING, the clothing is a promotional tool. I thought shirts would be fun and easy because most of us wear clothing and I’m sure I could figure out something else for any nudist fans of the blog.
It was the only decision I could make because I don’t have the resources to fight for what is right and I won’t start a Go Fund Me page or nonsense like that to pay legal bills.
Don’t get me wrong, I’m not above Kickstarter when I’m looking to put together a book. That doesn’t feel like groveling, but rather in investment in art.
I’m disappointed that this had to waste the limited resources I possess, but it’s an interesting lesson for me and a reminder about the complexities of the institutions in which we are forced to work and play. In a nutshell, this just means that I can’t do any promotional clothing items. I’m still writing and loving the logo, which reminds me of the balance of my fiery Joey, who ran a 9:14 pace with me this morning, and the spirit of my sweet Alli, who I miss often, but lovingly. Alli’s kind eyes would tell me to say to hell with the stress and focus on creating. There are too many words, too much paint, and not enough time to get sucked into the trap of negativity.