• <b>Bonhams New York: Fine Books and Manuscripts Including the World of Hilary Knight. December 5, 2018</b>
    <b>Bonhams, Dec 5:</b> KNIGHT, HILARY. The Original Portrait of Eloise that Hung at the Plaza Hotel. $100,000 to 150,000
    <b>Bonhams, Dec 5:</b> WARHOL, ANDY. "Iced Lemon Delight," an Original Watercolor Presented to Hilary Knight's cat, Phoebe $8,000 to 12,000
    <b>Bonhams, Dec 5:</b> SENDAK, MAURICE. <i>Where the Wild Things Are.</i> PRESENTATION COPY, INSCRIBED with drawing to Hilary Knight in the month following publication. $10,000 to 15,000
    <b>Bonhams New York: Fine Books and Manuscripts Including the World of Hilary Knight. December 5, 2018</b>
    <b>Bonhams, Dec 5:</b> NOLAND, KENNETH. Original circle painting, untitled, acrylic and ink on cloth, for cover of monograph $8,000 to 12,000
    <b>Bonhams, Dec 5:</b> TOULOUSE-LAUTREC. <i>Histoires Naturelles,</i> 1899. With 22 original lithographs. $10,000 to 15,000
    <b>Bonhams, Dec 5:</b> SHAKESPEARE, WILLIAM. <i>A Collection of Poems,</i> [1711]. The first authoritative and complete collected Sonnets.$15,000 to 20,000
    <b>Bonhams New York: Fine Books and Manuscripts Including the World of Hilary Knight. December 5, 2018</b>
    <b>Bonhams, Dec 5:</b> LONDON, JACK. <i>The Call of the Wild.</i> 1903. First edition, first state jacket. $2,000 to 3,000
    <b>Bonhams, Dec 5:</b> FROST, ROBERT. Autograph Manuscript of "Build Soil," 12 pp, 1932-1936. $15,000 to 20,000
    <b>Bonhams, Dec 5:</b> GOULD, GLENN. Glenn Gould's extensively annotated copy of Bach's Goldberg Variations $100,000 to 150,000
    <b>Bonhams New York: Fine Books and Manuscripts Including the World of Hilary Knight. December 5, 2018</b>
    <b>Bonhams, Dec 5:</b> PLATH, SYLVIA. EARLY Autograph Letter Signed, about her beginnings as a writer, Northampton, MA, 1951. $7,000 to 10,000
    <b>Bonhams, Dec 5:</b> HOUDINI, HARRY. A collection of 11 cast iron shackle and lock items from Houdini's personal collection. $20,000 to 30,000
    <b>Bonhams, Dec 5:</b> M4 ENGIMA MACHINE, with very rare RARE HYDRA KEY ENVELOPE. $400,000 to 600,000
  • <center><b>Sotheby’s New York<br>Fine Books & Manuscripts Online<br>Ending December 17</b>
    <b>Sotheby’s Online, Now - Dec 17:</b> SHAKESPEARE, WILLIAM. <i>Mr. William Shakespeares Comedies, Histories, and Tragedies…</i> The Second Impression. 1632. $100,000 to $150,000
    <b>Sotheby’s Online, Now - Dec 17:</b> GEORGE CURZON, 1ST MARQUESS CURZON OF KEDLESTON. “Curzon Tiger Hunt.” [India: circa 1901]. 120 albumen photographs. $3,000 to $5,000
    <b>Sotheby’s Online, Now - Dec 17:</b> (CASSADY, NEAL). Kerouac, Jack. <i>On the Road.</i> New York: Viking Press, 1957. Inscribed. $10,000 to $15,000
    <b>Sotheby’s Online, Now - Dec 17:</b> VEGA, JOSEPH PENSO DE LA. <i>Confusion de Confusiones. Dialogos curiosos entre un Philosopho agudo, un Mercader discrete...</i> Amsterdam, 1688. $200,000 to $300,000
    <b>Sotheby’s Online, Now - Dec 17:</b> RACKHAM, ARTHUR — [WILLIAM SHAKESPEARE]. "The Moon Like to a Silver Bow New-Bent in Heaven," original illustration for <i>A Midsummer Night's Dream.</i> $12,000 to $18,000
  • <center><b>Sotheby’s New York<br>Fine Autograph Letters and Manuscripts from a Distinguished Private Collection: Part II<br>December 13, 2018</b>
    <b>Sotheby’s NY, Dec 13:</b> Sibelius, Jean. Autograph manuscript of “Spagnuolo” for piano, boldly signed “Jean Sibelius.” $20,000 to $30,000
    <b>Sotheby’s NY, Dec 13:</b> Verdi, Giuseppe. Fourteen largely unpublished autograph letters signed to Alessandro Lanari, the “Napoleon of Impresarios.” $100,000 to $150,000
    <b>Sotheby’s NY, Dec 13:</b> Jefferson, Thomas. Autograph letter signed ("Th: Jefferson") to William Lee, Monticello, 26 August 1816. $20,000 to $30,000
    <b>Sotheby’s NY, Dec 13:</b> Whitman, Walt. Signed carte-de-visite photograph by Benjamin Gurney, 1875. $1,000 to $1,500
    <b>Sotheby’s NY, Dec 13:</b> Wilde, Oscar. Autograph letter signed ("Oscar Wilde"). 8 pages on 2 bifolia of different sizes, with ink sketch on the first page. $25,000 to $30,000
  • <center><b>Doyle: Angling Books from the Collection of Arnold "Jake” Johnson<br>Online Only Auction ending Dec. 18</b>
    <b>Doyle, Arnold “Jake” Johnson Online-Only Auction, ending Dec 18:</b> WETZEL, CHARLES M. American Fishing Books. $400 to $600
    <b>Doyle, Arnold “Jake” Johnson Online-Only Auction, ending Dec 18:</b> BISSELL, ALFRED E., <i>In Pursuit of Salar.</i> $400 to $600
    <b>Doyle, Arnold “Jake” Johnson Online-Only Auction, ending Dec 18:</b> <i>The Settler and Sportsman in Anticosti.</i> $400 to $600
    <center><b>Doyle: Angling Books from the Collection of Arnold "Jake” Johnson<br>Online Only Auction ending Dec. 18</b>
    <b>Doyle, Arnold “Jake” Johnson Online-Only Auction, ending Dec 18:</b> CARLETON, HENRY GUY, <i>Advice to Young Anglers.</i> $300 to $500
    <b>Doyle, Arnold “Jake” Johnson Online-Only Auction, ending Dec 18:</b> ROBINSON, ROLAND EVANS, <i>Forest and Stream Fables. By Awahsoose the Bear.</i> $300 to $500
    <b>Doyle, Arnold “Jake” Johnson Online-Only Auction, ending Dec 18:</b> SAWADA, KEN, <i>The Art of the Classic Salmon Fly.</i> $300 to $500
    <center><b>Doyle: Angling Books from the Collection of Arnold "Jake” Johnson<br>Online Only Auction ending Dec. 18</b>
    <b>Doyle, Arnold “Jake” Johnson Online-Only Auction, ending Dec 18:</b> SOUTHARD, CHARLES ZIBEON, <i>The Evolution of Trout and Trout Fishing in America.</i> $400 to $600
    <b>Doyle, Arnold “Jake” Johnson Online-Only Auction, ending Dec 18:</b> SOUTHARD, CHARLES ZIBEON, <i>Trout Fly-Fishing in America.</i> $400 to $600

Rare Book Monthly

Articles - October - 2010 Issue

Has Facebook Trademarked the Word "Book"?

Faceteach

Teachbook is facing a lawsuit.


By Michael Stillman

Has Facebook co-opted the exclusive right to use the word "book" in a business name? To some extent, a lawsuit they recently filed against start-up website Teachbook may lead some to think so. Such a claim might be cause for concern among booksellers, since a large percentage of those in the book trade use the word "book" in their name! Will the Community Bookstore have to change its name to the Community Works-on-Paper Store, or the ghastly Community Electronic Readers Store? Fear not. Perhaps if former Pittsburgh Pirate pitching great Elroy Face decided to open a bookstore and called it Face Books he might hear from their corporate lawyers, but as long as you run a bookstore, you should be all right. Just don't try to convert it into a social networking site unless you're prepared to run up some astronomical legal fees.

The case involves start up Teachbook, intended to be an online community for teachers, apparently at one point indicating it would enable teachers to converse where schools blocked access to Facebook on their servers. Now it doesn't take a genius to imagine that the founders of Teachbook were making a play on the Facebook name. It is reminiscent of the Facebook name, which stands for a social community, while cleverly employing that part of the name, "book," associated with teaching ("Faceteach" would have been an awful name). There's little doubt that they were using the name for its familiarity value, just as any business that sticks an "R Us" after its name does.

Facebook seized on the obvious in its legal complaint stating "Teachbook.com LLC rides on the coattails of the fame and enormous goodwill of the FACEBOOK trademark, misappropriating the distinctive BOOK portion of Facebook's trademark. Defendant has created its own competing online networking community in a blatant attempt to become Facebook 'for Teachers.''' Just in case you weren't sufficiently enamored by Facebook, they inform us that "Facebook...is dedicated to making the web more social, personalized, smarter and relevant." Smarter? Kids don't read any more because they are too busy posting inane comments on Facebook. This lawsuit should be thrown out for perjury on its "face."

Actually, there is some reason behind all of the self-congratulations. What was traditionally required to win a trademark case, establishing confusion in the marketplace, is not clear in this case. Will people assume Teachbook is associated with Facebook? I wouldn't. However, Facebook's case may be stronger on its claim of "dilution." Dilution is a more recent legislated cause that allows for an action such as this even if people are not confused into thinking the new company is the same as the old. Dilution can arise when there is a "lessening of the capacity of a famous mark to identify and distinguish goods or services," even if there is no deception, confusion among brands, or competition between them. This is a less demanding standard than showing actual confusion, and appears to us to be their best shot. However, for dilution, unlike traditional infringement, the holder must not only have a trademarked name, it must establish that its name is widely known in commerce. Hence, all of the self-congratulatory talk.

So, why shouldn't booksellers be afraid? The answer is that trying to trademark a term so generic as "book" is absurd. It can only be trademarked in a particular context. As Facebook states in its pleadings, "If others could freely use 'generic plus BOOK' marks for online networking services targeted to that particular generic category of individuals, the suffix BOOK could become a generic term for 'online community/networking services' or 'social networking services.' That would dilute the distinctiveness of the FACEBOOK Marks..." In other words, if you use "CommunityBook" as your store name, or even for your bookselling website, Facebook isn't going to bother you. However, if you decide to start an online social community to discuss books and call it CommunityBook, you may hear from their lawyers. Call it something else.

Now for a final piece of data gleaned from their lawsuit. Facebook informs us that "users spend more than 700 billion minutes per month" on their site. That's 11.66 billion hours, or figuring an average worker makes $15/hour, $175 billion worth of time each month. Over the course of a year, that's over $2 trillion worth of wasted time. If people donated this time to the government instead of Facebook, we could eliminate the national deficit and save Social Security and Medicare. If we spent that time building windmills, instead of tilting at them, we could solve the energy crisis. If only... but of course we never will.

Rare Book Monthly

  • <b>Arenberg Auctions: Rare Books, Manuscripts, Maps, and Works on Paper. December 14 & 15, 2018</b>
    <b>Arenberg Auctions, Dec 14-15:</b> LÉOPOLD II of Belgium. Autograph letter signed to Ferdinand de Lesseps. (Brusselss, 30th of August 1881. € 500 / 600
    <b>Arenberg Auctions, Dec 14-15:</b> Unique collection of c. 280 satirical postcards on Léopold II of Belgium.<br>€ 3.000 / 3.500
    <b>Arenberg Auctions, Dec 14-15:</b> Horae, use of Rouen, c. 1475.<br>€ 22.000 / 30.000
    <b>Arenberg Auctions: Rare Books, Manuscripts, Maps, and Works on Paper. December 14 & 15, 2018</b>
    <b>Arenberg Auctions, Dec 14-15:</b> <i>Sensuyt la tresplaisante hystoire du preux et vaillant Guerin de Montglaue</i> [...]. € 6.000 / 8.000
    <b>Arenberg Auctions, Dec 14-15:</b> SCUTENAIRE, Louis. <i>Mes inscriptions.</i> 1945-1963. € 1.000 / 1.200
    <b>Arenberg Auctions, Dec 14-15:</b> Études Gèographiques [puzzle].<br>€ 70 / 100
    <b>Arenberg Auctions: Rare Books, Manuscripts, Maps, and Works on Paper. December 14 & 15, 2018</b>
    <b>Arenberg Auctions, Dec 14-15:</b> Unique series of fifty 19th-c. Persian miniatures. € 1.500 / 2.500
    <b>Arenberg Auctions, Dec 14-15:</b> SIXTUS IV. <i>De sanguine Christi et De potentia Dei,</i> 1474. € 4.500 / 6.000
    <b>Arenberg Auctions, Dec 14-15:</b> Joan Miró, lithographies. € 200 / 300
    <b>Arenberg Auctions, Dec 14-15:</b> MERIAN, Anna Maria Sibylla. [Metamorphosis of a brown butterfly]. € 4.000 / 5.000
  • <b>19th Century Shop:</b> Charles Darwin on sexuality and the transmission of hereditary characteristics: Autograph Letter Signed to Lawson Tait. Down, 17 January [1877].
    <b>19th Century Shop:</b> MILTON, JOHN. <i>Paradise Lost. A Poem written in ten books.</i> London: 1667. A very rare example with the contemporary binding untouched and with a 1667 title page.
    <b>19th Century Shop:</b> Hamilton secures the ratification of the Constitution: <i>The Debates and Proceedings of the Convention of the State of New-York, assembled at Poughkeespsie, on the 17th June, 1788.</i>
    <b>19th Century Shop:</b> The social contract “Man is born free, and everywhere he is in chains”: ROUSSEAU, JEAN-JACQUES. <i>Principes du Droit Politique [Du Contract Social]</i>. Amsterdam: Michel Rey, 1762
    <b>19th Century Shop:</b> “The first English textbook on geometrical land-measurement and surveying”: BENESE, RICHARD. <i>This Boke Sheweth the Maner of Measurynge All Maner of Lande…</i>
  • <b>Swann Auction Galleries:</b> Jean de Mandeville, <i>Reysen und Wanderschafften durch das Gelobte Land,</i> Strassburg, 1488. Sold for $106,250.
    <b>Swann Auction Galleries:</b> José González Cabrera Bueno, <i>Navegación Especulativa, y Práctica,</i> Manila, 1734. Sold for $55,000.
    <b>Swann Auction Galleries:</b> Francis W. Winton, manuscript on pow-wows with indigenous Canadians, 1881. Sold for $65,000.
    <b>Swann Auction Galleries:</b> Louise Bourgeois, <i>He Disappeared Into Complete Silence,</i> portfolio with complete text & 9 engravings, 1947. Sold for $413,000.
    <b>Swann Auction Galleries:</b> Erich Maria Remarque, <i>All Quiet on the Western Front,</i> first American edition, Boston, 1929. Sold for $9,375.
    <b>Swann Auction Galleries:</b> Sir William Russell Flint, gouache & watercolor illustration for Homer's <i>Odyssey,</i> 1924. Sold for $22,500.
    <b>Swann Auction Galleries:</b> Kurt Vonnegut, archive of 12 letters, signed to his family, 6 illustrated, 1930s-40s. Sold for $12,500.
    <b>Swann Auction Galleries:</b> Oscar Wilde, <i>Lady Windermere's Fan,</i> first edition, presentation copy, signed & inscribed, London, 1893. Sold for $27,500.
    <b>Swann Auction Galleries:</b> Emil Cardinaux, <i>St. Moritz,</i> 1918. Sold for $17,500.
    <b>Swann Auction Galleries:</b> R.J. Waters, 3 panoramas of the San Francisco earthquake & fire, 1906. Sold for $21,250.
    <b>Swann Auction Galleries:</b> Album with 200 cartes-de-visite, including images by Felice Beato, John Thompson & F.W. Sutton, Japan & China, 1863-69. Sold for $35,000.
    <b>Swann Auction Galleries:</b> Thomas Paine, <i>The American Crisis,</i> Fishkill, NY, December 1776. Sold for $40,000.

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