In June of this year, I published a book with a two word title; one was the name of an artist and the other, a tool used by the artist. It is a mystery about art and art forgery. A month or so after its release, there was a message on my answering machine from someone who said she
represented a company of the same name, and that they owned the trademark. I was
to 'cease and desist' using the title immediately. I was also to fax her a
signed paper saying I would remove the book from the internet and bookstores at
once. I wasn't sure what to think, but saved the message to my computer.
I had, of course, done a search for the title while writing the book. It is from a reference about how the artist placed
colors on his palette in order to paint in his particular style. I decided to search again, but still
couldn't find anything with the same name. I did come across a company that
had indeed trademarked a similar name, but since one of the words was spelled
differently, it had an entirely different meaning. "Ah," I thought. "If
that's the company involved, they'll realize they are different spellings,
and that will be the end of it." As frustrating as it was to be threatened, I believed they had just made a mistake. After all, how could
my mystery interfere with their business?
A month later, I received a letter from an attorney
representing the company. It basically restated the phone message and went on
to point out the list of important people associated with their product. It
also mentioned a couple of times that I was only a self-published author. The
letter felt like nothing more than a threat, but I am not an attorney. Upon
doing more research, I learned that trademark holders can challenge something if they consider it 'confusingly similar'. In my nonattorney mind, no one would confuse my
product with theirs, but I needed professional help and hired an
attorney.
A humorous aside: as I read over the contract, I realized the vastly different realities people occupy. At the end of the document, where I would enter my signature, was the suggestion that I have an attorney look over the contract
before signing. Yes, I laughed. How could I not?
The attorney I hired wrote to their attorney,
basically stating that they didn't have a case. I believed that would be the end of it.
Unfortunately, their attorney responded that they did not agree and they would
take necessary action to protect their client's trademark. For me, it was time
to make a decision. I am 61, and although I don't let that stop me from
living and celebrating life, I don't make the same decisions I made when I was 21, or even
41, especially when picking my battles.
As I considered the situation, I realized I was far more upset
about being bullied than I was at the thought of redoing the title and related
artwork. That seemed a poor reason to go into battle. The waste of time, energy, and money wasn't appealing, but what
was I willing to risk financially and emotionally to fight a bully? I have
experienced enough of life to know there are those who live in a world of lack
and fear. They spend a great deal of energy (and apparently money) protecting themselves from everyone
they perceive to be attacking…that is usually everyone. It was time to pull the book from the marketplace and move forward.
To indie authors who are concerned about their titles, I
don't believe if we had gone to court the other party would have won. A few of
my friends have said they would have continued fighting. I believe they would
have been safe in doing so. You cannot copyright a title, but this issue was not about copyright, it was about a trademark. It would be wise to do a trademark search for your title, just to be sure. What made my decision a little easier is that with 40 years experience as a graphic artist, I could redo my cover and text files
without incurring those costs. It was 'the path of least resistance', and I'm
comfortable with my choice.

Blatant Self-promotion
The new title is An Uncluttered Palette. Sensing the need for a fresh start, I also redid the cover and was quite satisfied with the new design.
You can find the Kindle version on Amazon.com for $4.99, and also in print for $15.95, or with PayPal at Wellworth Publishing. It is a fun mystery that has plenty of twists and turns, and a great deal of information on art and forgery. The perfect gift for mystery or art lovers on your holiday list!
Learn more about An Uncluttered Palette.
In this engaging and well plotted mystery, the world of art forgery and
old world masters are woven together so beautifully, that the reader has
no doubt of their factual authenticity. Against this rich background,
Ms. Sheldon introduces a cast of art students that become what
might be called Rayna's Irregulars. The entire group provides color and
insight into solving the mystery of how paintings long authenticated in
reputable museums have been replaced with brilliant but bogus copies. Alice Lynn, author of Scattered Pieces.
Every experience offers us a chance to measure our
growth. The thirty-year-old me would have fought, simply because I find bullying so distasteful. The sixty-year-old me realized that I would be best served putting my energy into making it a better book and getting back to what's important. I enjoy writing and sharing my mysteries. The experience wasn't pleasant, but compared to the many tragedies people face, this ranks closer to irritating than devastating. A line from Casablanca:
I'm no good at being noble, but it doesn't take much to see that the problems of three little people don't amount to a hill of beans in this crazy world.
Okay, a tad dramatic, and it is only one little person and a book, but I love the movie!
Did I give up—let myself be bullied? I don't look at it that way. Their actions caused me to make a change I would not necessarily have made. The result is a better product and I am now marketing this edition with more enthusiasm. The whole event fired me up. People and circumstances will continue to offer challenges, but giving up, as tempting as it may be, is not an option. I'm grateful for the multiple blessings in my life that make the journey easier and far more fun.
“Some people believe holding on and hanging in there are signs of great strength. However, there are times when it takes much more strength to know when to let go and then do it.” ― Ann Landers