BIG NUMBER
19. That’s how many products on the Allie Rose Co. website feature the slogan, from a $3 bookmark to a $59 sweatshirt. Mitrovich has said she’ll donate all proceeds from that merchandise to two literacy charities, Room to Read and Read to Feed.
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Key background
A trademark protects a word, phrase, logo or other identifier for commercial use in particular categories—like apparel, books or events—but does not grant ownership of the phrase in every context. Registering a trademark can give the owner stronger legal tools to stop people whose copy-cat products could cause consumer confusion, but it does not automatically give them exclusive rights over all uses of the phrase. In many cases, people who were using the phrase commercially before the trademark owner’s claim can take advantage of the so-called “prior use” defenses and, sometimes, can continue using it in the markets where they established rights first. “Hot Girls Read” isn’t the first trademark in the world of books to have gone wrong. Self-published romance author Faleena Hopkins—whose books include Cocky Romantic and Cocky Cowboy—trademarked the word “cocky” in 2018 and faced swift backlash from other authors. The Authors Guild and Romance Writers of America later got the trademark overturned, but not before authors were forced to suspend their Amazon listings and change titles and book covers.
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TANGENT
Outdoor apparel company Patagonia recently sued a drag performer using the stage name Pattie Gonia, arguing that her name, merchandise and attempt to trademark “Pattie Gonia” are too similar to Patagonia’s brand. The company claimed the performer, whose real name is Wyn Wiley, could cause consumer confusion. Pattie Gonia says the lawsuit is an attempt to force her to give up a name she has used for years, while Patagonia insists it is only looking to enforce its trademark rights.
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