"Frugalista" Debate: One Blogger Stakes Claim

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A commonly used term, thats been in use since AT least the year 2000 and she honestly thinks she would have a rats chance in court? ( http://groups.google.com/group/misc.consumers.frugal-living/browse_thread/thread/5a333ad5fe89fb85/eb0109d24522f858?hl=en&ie=UTF-8&q=Frugalista#eb0109d24522f858 )

rahlquist of GA 10:05AM September 24, 2009

Juris doctor of CA may send a letter to the editor, but this is a copy and paste comment s/he left on my blog as well. Only the IP address wasn't from CA.
I came here to see if this was indeed a copy & paste job.

Mrs. Micah of DC 7:32AM September 24, 2009

Why are you all harrassing a person who popularized the term, filed a Trademark Application, took it through the legal process and received registration? Where were you other so called "Frugalistas" during the trademark "notice period" . The trademark notice period is the time to raise objections. Raising complaint for a personal agenda on this a blog is completely without merit. McNeal is exercising her legal rights and protecting a term that has been distinctive to her since 2008. McNeal is well established as the Frugalista. When she appears on TV, she is called The Frugalista. When you Google, Frugalista, her blog appears at the top of the search engine rankings. The others protesting here used the term after Ms. McNeal registered it. She has used the term Frugalista to describe her blog and has used it distinctively. This is why she was GRANTED a Trademark by the Patent & Trademark office! Everyone can a have blog, but they should not call their blog Frugalista as that term has become distinctive to McNeal. Do a simple online Trademark search before putting a product into the market. Target is using McNeal's Trademark in an ad campaign, without license or permission. Target filed for use of Frugalista Fashionista (this is a matter of public record, look it up), which is the two words used together. So, how do they now infringe on McNeal's mark by running an ad campaign which does not use the mark they have filed for registration of, but rather use McNeal's mark, the one work, Frugalista.
In this case, Frugalista applies distinctively to Ms. McNeal's blog, The Frugalista Files. Moreover, she is the person who she writes about in her blog who is living a frugal lifestyle.
What is wrong with big business today, Target, and copy cat bloggers taking the trademark of another and misappropriating it and then whining about it on a blog to pressure a small business owner like Natalie McNeal who is merely exercising her legal rights as they have been granted by the US Trademark office? SHAME ONE US News & World Reports. Have you looked any of this up in the PTO RECORDS? Your reporting is biased. Frugalista is # 3532912 in the US Trademark Database. Did you check your facts prior to publishing this rot? This reads like a personal attack on someone who had an innovative idea and sought to legally protect it. I will be sending a letter to the editor.

Juris doctor of CA 2:08AM September 24, 2009

This country is getting out of hand. You can't simply trademark a term that's been commonly used and force everyone to stop using it! I wonder if McNeal has some sort of user comment section on her blog - we should tell her how we feel.
These cases are popping up more and more - over on Techdirt.com, there are stories EVERY SINGLE DAY about some greedy person/company who is trying to claim trademark/copyright without even knowing the true definitions of those laws.
Please Lord, put me on a trademark/copyright jury, please.

robster of TX 2:20PM September 23, 2009

Paying lawyers to send cease and desist letters over a lame word like "Frugalista"? Not so frugal.
And I know, because I am:
THE REAL FRUGALISTA!

The Real Frugalista of CO 3:56PM September 21, 2009

As a business blogger who uses the term frequently to designate a specific type of marketing target, I am amazed that this person is trying to copyright this word. It just proves that some people have nothing better to do than to harass other folks and spend money and valuable court time on frivolous suits like this one. I, for one, intend to blast this person off the blogosphere! (Hey, Target Stores, why don't you sue her?!)

Viva Global Gal of AZ 5:07AM September 20, 2009

I think the winners in this will be the lawyers. Unless you're a corporate blogger with corporate lawyers, who has the money to fight it? It looks like Marquez and the others are just pat-time bloggers, writing for family and friends. McNeal must be able to afford lawyers to push people out of the way. It's too bad there's no a way to donate to the cause to help fight this silly lawsuit. Hopefully, the bloggers she's attacked will get some good legal advice and stand up to her!

SM of LA 7:09PM September 18, 2009

If she was working solely on the print newspaper product, I could understand her motivation for filing a trademark if only to profit from the resulting infringement lawsuits...*snicker.* But seriously, I'd like to hear her motivation.
It's a silly word, anyway.

Ferosha of NY 5:34PM September 18, 2009

are trademark rules different the world over? I can't imagine a trademark on a commonly used word would be granted in the UK, that's ludicrous!

Sarah 4:05PM September 18, 2009

What are we in for, if McNeal wins? Could I go and trademark a host of words, and then demand payment every time someone uses them? Even in a sentence? Where does the line for intellectual property get drawn?

kc of IN 2:27PM September 18, 2009