Houston (Actually Dallas), We Have a Problem
Back in January of this year, I received a registered letter from The Econoclast, an economics consultant in Dallas, Texas, who was concerned that I was blogging under the same name and, hence, infringing his trademark. So on January 11, 2005, I changed the name of this blog from "The Econoclast" to "The Eclectic Econoclast". [big hat-tip to Ms. Eclectic for the suggested adjective; I had experimented briefly with "Canadian Econoclast" and "Global Econoclast" but didn't really like either of those.]
I sent the Dallas consultant an e-mail explaining the change and letting him know that I had no intention of infringing his trademark, even though I had been using the name in my e-mails and in a newsletter for journalists for quite some time. I changed the name attached to my e-mails, and I had stopped publishing the newsletter years ago.
I thought the matter was settled, but I guess it wasn't. Today I received another letter from him, threatening legal action. I can understand his concern. If you Google "econoclast", the first reference or two are to this blog, not to his website. It is likely that the reason for this outcome is that I post regularly, and I average over 250 visitors per day to this site.
I am undecided as to what to do.
The only problem with "Econoclectic" is that it sounds like an adjective instead of a noun, and I'd prefer a noun as a title [digression: I've always had trouble accepting "chiropractic" as a noun, though "eclectic" as in "He is an eclectic," is grammatically acceptable.] Maybe "An Econoclectic" would work. Or possibly "An Econoclectic Perspective".
As I said, feedback is welcome!
I sent the Dallas consultant an e-mail explaining the change and letting him know that I had no intention of infringing his trademark, even though I had been using the name in my e-mails and in a newsletter for journalists for quite some time. I changed the name attached to my e-mails, and I had stopped publishing the newsletter years ago.
I thought the matter was settled, but I guess it wasn't. Today I received another letter from him, threatening legal action. I can understand his concern. If you Google "econoclast", the first reference or two are to this blog, not to his website. It is likely that the reason for this outcome is that I post regularly, and I average over 250 visitors per day to this site.
I am undecided as to what to do.
- I could just keep blogging under the present name at this site until I am forced to make a change.
- I could see a lawyer and fight the issue; I am not persuaded that I am infringing his trademark. But I have no ill will toward him, and I am not spoiling for a fight.
- Now might be a good time to make a change to Powerblog, which Kip Esquire highly recommends and make a name change at the same time.
- I could just change the name but not the url for this blog.
- Or I will could start a new Blogger blog with a different name.
The only problem with "Econoclectic" is that it sounds like an adjective instead of a noun, and I'd prefer a noun as a title [digression: I've always had trouble accepting "chiropractic" as a noun, though "eclectic" as in "He is an eclectic," is grammatically acceptable.] Maybe "An Econoclectic" would work. Or possibly "An Econoclectic Perspective".
As I said, feedback is welcome!
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