Sparklecrack is trademarked? No it isn’t

I've given this quite a bit of thought, so that I could prepare a full response rationally rather than merely reacting. I initially thought about changing the site name and changing the URL. I spent two nights being physically ill at the abrupt treatment and legal threats. And then I reconsidered my actions.

The term sparklecrack is not, as of November 25 2009, registered with the US Trademark Office. It is not under copyright (it cannot be - words and short phrases cannot be copyrighted) and it is not legally protected by trademark at this time. I have been using the term included in the site's name and URL since January 16, 2009. I have always believed that the term is open to use by anyone and everyone, and have seen many other persons using the term. Despite "hopeful" claims by Mineral Madness that the term is a trademark of theirs, the term is not a registered trademark of anyone as of November 25 2009 and was not in use as any significant identifying portion (site name, subtitle, URL, forum name, user title, thread title, et cetera) as of November 23, 2009. I also don't think that anyone's going to confuse my site, which has never only covered one brand of mineral makeup and has never had a sizeable active forum, for JamesC's community which until November 24 2009 billed itself as "a Bare Escentuals fan site" and has a very active forum. Thus, I do not recognize JamesC's authority to insist that I stop using the domain or that I change my site name, or cease using the term in any fashion.

I encourage anyone else who wants to use the term "sparklecrack", or any variation thereof, to feel free to do so - don't hold back on my account. The term is not restricted to any one person, site, or group and never has been. Before January 2009, it was not used in the site name, URL, forum names, categories, user titles, or site areas anywhere at Mineral Madness, nor was it in use on any other makeup sites that I visited as a part of their name, URL, or tag line. Thus I did not see any barriers to naming my site Sparklecrack Central.

Hey Lime Crime! Xenia! Doe Deere!

EDIT Nov 13, 2009: There’s now a followup to this entry.

Teaching is a wonderful gift. The tutorials you created and posted have interested a lot of folks. And sharing love of bright color and sparkly things? Well, I’m hardly going to say that that’s a problem - take a look at my own collection, over 900 colors from several MMU vendors. You’ve done some things quite right, and quite well, and in a positive manner.

However.

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To the relevant parties

Will the silly fools running around waving the lawsuit-stick at companies who post their opinions on shoddy business ethics please start acting like responsible adults with something resembling scruples? If something is intentionally misrepresented, the persons doing the misrepresenting shouldn’t be entirely surprised when the world at large points out the aforementioned misrepresentation.

Duh.

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MMU Retailer Review - Micabella

• Manufacturer: Micabella
• Products: mineral colored pigments (eyes/lips/etc), foundation, blushes, skincare products
• Where available: online, certain mall kiosks
• Cost / Value: eyeshadows: $15. Or $20. or $10. It seems to vary significantly.
• Primary impressions: possibly some pretty colors, but OMFG, what ill-mannered salespeople
• Would you buy from this retailer again? ...perhaps. But only if I have someone else along to distract the salesperson.
• Would you recommend this retailer to others? NO!!! Approach at your own risk. These people are pushier than an evangelical preacher.

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