• <b>Swann Auction Galleries, Feb 15:</b> Icons & Images: Photographs & Photobooks
    <b>Swann Auction Galleries, Mar 1:</b> Vintage Posters Featuring Highlights from the Gail Chisholm Collection
    <b>Swann Auction Galleries, Mar 8:</b> Early Printed, Medical, Scientific & Travel Books
    <b>Swann Auction Galleries, Mar 13:</b> 19th & 20th Century Prints & Drawings
    <b>Swann Auction Galleries, Mar 22:</b> Autographs
    <b>Swann Auction Galleries, Mar 29:</b> Printed & Manuscript African Americana
    <b>Swann Auction Galleries, Apr 12:</b> Printed & Manuscript Americana
    <b>Swann Auction Galleries, Apr 26:</b> Fine Illustrated Books & Graphics
    <b>Swann Auction Galleries May 3:</b> Graphic Design
    <b>Swann Auction Galleries May 15:</b> 19th & 20th Century Literature
    <b>Swann Auction Galleries, Jun 7:</b><br>Maps & Atlases, Natural History & Color Plate Books
    <b>Swann Auction Galleries, Jun 21:</b> Revolutionary & Presidential Americana from the Collection of William Wheeler III
  • <b>Sotheby’s, New York: Fine Printed and Manuscript Americana, Including Cartography. January 17, 2018</b>
    <b>Sotheby’s NY, Jan. 17:</b> Hayden, Ferdinand V. <i>The Yellowstone National Park, and the Mountain Ranges of Portions of Idaho, Nevada, Colorado and Utah</i>. Boston, 1876. $250,000 to $350,000
    <b>Sotheby’s NY, Jan. 17:</b> Colton, G. Woolworth. <i>Colton’s New Map of the State of Texas, The Indian Territory and Adjoining Portions of New Mexico, Louisiana, and Arkansas</i>. New York, 1882. $4,000 to $6,000
    <b>Sotheby’s NY, Jan. 17:</b> [Jefferson, Thomas]. <i>The Committee appointed to prepare a Plan for the temporary Government of the Western Territory, have agreed to the following Resolutions.</i> … [Annapolis, 1 March 1784]. $250,000 to $350,000
    <b>Sotheby’s, New York: Fine Printed and Manuscript Americana, Including Cartography. January 17, 2018</b>
    <b>Sotheby’s NY, Jan. 17:</b> Mitchell, Samuel Augustus. <i>A New Map of Texas Oregon and California with the Regions Adjoining. Compiled from the Most Recent Authorities</i>. Philadelphia, 1846. $12,000 to $18,000
    <b>Sotheby’s NY, Jan. 17:</b> Bodmer, Karl [illustrator] — Prince Maximilian Zu Wied-Neuwied. <i>Reise In Das Innere Nord-America In Den Jahren 1832 Bis 1834</i>. 1839-1841. $250,000 to $350,000
    <b>Sotheby’s NY, Jan. 17:</b> Bry, Theodor De, Thomas Hariot, and John White. <i>[Hariot's Virginia]. Wunderbarliche, Doch Warhafftige Erklärung, Von der Gelegenheit und Sitten der Wilden in Virginia</i>... Frankfurt, 1590. $200,000 to $300,000
    <b>Sotheby’s, New York: Fine Printed and Manuscript Americana, Including Cartography. January 17, 2018</b>
    <b>Sotheby’s NY, Jan. 17:</b> Bry, Theodor De, Thomas Hariot, and John White. <i>[Hariot's Virginia]. Wunderbarliche, Doch Warhafftige Erklärung, Von der Gelegenheit und Sitten der Wilden in Virginia</i>... Frankfurt, 1590. $200,000 to $300,000
    <b>Sotheby’s NY, Jan. 17:</b> Catlin, George. Catlin's North American Indian Portfolio. Hunting Scenes and Amusements of the Rocky Mountains and Prairies of America. London, 1844. $70,000 to $100,000
    <b>Sotheby’s NY, Jan. 17:</b> Franklin, Benjamin ["Richard Saunders"]. <i>Poor Richard Improved: Being an Almanack and Ephemeris ... For ... 1756</i>. Philadelphia: B. Franklin And D. Hall, 1755. $10,000 to $15,000
    <b>Sotheby’s, New York: Fine Printed and Manuscript Americana, Including Cartography. January 17, 2018</b>
    <b>Sotheby’s NY, Jan. 17:</b> Paine, Thomas. <i>Common Sense; Addressed to the Inhabitants Of America... A New Edition, with Several Additions in the Body of the Work</i> ... Philadelphia, [1776]. $60,000 to $80,000
    <b>Sotheby’s NY, Jan. 17:</b> The Declaration of Independence. In Congress, July 4, 1776 … Salem, Massachusetts-Bay: Printed By E. Russell, By Order Of Authority, [Ca. 18–20 July 1776]. $1,000,000 to $1,500,000
    <b>Sotheby’s NY, Jan. 17:</b> Hamilton, Alexander, James Madison, and John Jay. The Federalist. A Collection of Essays, Written in Favour of the New Constitution … New York, 1788. $200,000 to $300,000
  • <b>Bonhams, Feb. 11:</b> A Rare 3-rotor German Enigma I Enciphering Machine. $70,000 to $90,000
    <b>Bonhams, Feb. 11:</b> Important collection of correspondence between Werner Heisenberg and Bruno Rossi. $40,000 to $60,000
    <b>Bonhams, Feb. 11:</b> Walt Whitman Autograph manuscript containing his thoughts on death. $20,000 to $30,000
    <b>Bonhams, Feb. 11:</b> David Roberts. <i>Holy Land</i>. Six volumes. 1842-1849. First edition. $15,000 to $25,000
    <b>Bonhams, Feb. 11:</b> Extensive collection of Ray Bradbury's primary works, most signed or inscribed. $15,000 to $20,000
    <b>Bonhams, Feb. 11:</b> Peter Force. Declaration of Independence. $12,000 to $18,000
    <b>Bonhams, Feb. 11:</b> Steinbeck. <i>Grapes of Wrath</i>. A fine copy of the first edition. $10,000 to $15,000
    <b>Bonhams, Feb. 11:</b> Lewis & Clark. <i>Travels to the Source of the Missouri River</i>... First English edition, extra-illustrated. 1814. $10,000 to 15,000
    <b>Bonhams, Feb. 11:</b> Manuscript document signed by Nuno de Guzman relating to Hernan Cortes, 1528. $8,000 to $12,000
    <b>Bonhams, Feb. 11:</b> “Nos los inquisidores..." The first book in English printed West of the Mississippi. [1787]. $5,000 to $8,000.
  • <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>

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>Potter & Potter Auctions: Fine Books & Manuscripts. January 27, 2018</b>
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 39: Presidential Pardon Signed by John F. Kennedy. November 1962. $7,000 to $9,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 537: Marc Chagall. <i>Illustrations for the Bible</i>. Features 28 lithograph plates. First American edition, 1956. $2,000 to $3,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 252: Jack Kerouac. <i>On the Road</i>. 1957. First edition. $5,000 to $7,000
    <b>Potter & Potter Auctions: Fine Books & Manuscripts. January 27, 2018</b>
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 143: Arthur Rimbaud. <i>A Season in Hell</i>. With photogravures by Robert Mapplethorpe. The Limited Editions Club, 1986. $600 to $800
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 72: Group of 11 Harry Truman Signed Letters. Typed & signed by the former President. 1962-1970. $1,500 to $2,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 157: Arthur Conan Doyle. The Complete Works of Sherlock Holmes by The Limited Editions Club. 8 vols. 1950-52. $300 to $500
    <b>Potter & Potter Auctions: Fine Books & Manuscripts. January 27, 2018</b>
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 173: Jacob Lawrence. <i>The First Book of Moses, Called Genesis</i>. Illustrated with silkscreens by Lawrence. 1989. $2,000 to $3,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 239: William Faulkner. <i>Sartoris</i>. First edition. New York: Harcourt, Brace, & Company, 1929. $2,000 to $3,000
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 286: Walt Whitman. New Year’s Eve Postcard Signed, “Walt Whitman,” to the poet Gabriel Sarrazin. January, 1891. $4,000 to $6,000
    <b>Potter & Potter Auctions: Fine Books & Manuscripts. January 27, 2018</b>
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 351: Pair of European Fine Bindings. Including Gesanbuch (1831) & Naboznych Vylevov (1911). $200 to $300
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 423: August Luben. <i> Naturhistorischer Atlas der Saugethiere </i>. Includes complete set of 30 loose plates. Leipzig: 1858. $1,000 to $1,500
    <b>Potter & Potter Auctions Jan. 27:</b><br>Lot 386: <i>Famous Monsters of Filmland No 1</i>. Art by Will Elder, text by Forrest Ackerman. Warren’s first monster magazine. Feb, 1958. $2,000 to $3,000
  • <b>Forum Auctions: Fine Books and Works on Paper. January 25, 2018</b>
    <b>Forum Auctions, Jan. 25:</b> <i>Verve: Revue Artistique et Littéraire/An Artistic and Literary Quarterly,</i> nos.1-38 in 26 vol [a complete set], numerous colour lithographs by Picasso, Chagall, Matisse & others. £8,000 to £12,000
    <b>Forum Auctions, Jan. 25:</b> Wesley (John, Church of England clergyman and a founder of Methodism, 1703-91). Autograph Letter signed to Rev. John Bredin, 1782. £8,000 to £12,000
    <b>Forum Auctions, Jan. 25:</b> Austen (Jane). Brock (Charles Edward). A group of seventeen ink and watercolour drawings for Dent's edition of Jane Austen's <i>Sense and Sensibility,</i> 1908. £6,000 to £8,000
    <b>Forum Auctions: Fine Books and Works on Paper. January 25, 2018</b>
    <b>Forum Auctions, Jan. 25:</b> Tibullus (Albius) and Gaius Valerius Catullus. <i>Elegiae, sive Carmina,</i> Venice, Andreas de Paltasichis, 1487. £5,000 to £7,000
    <b>Forum Auctions, Jan. 25:</b> Doves Press. English Bible (The), 5 vol., one of 500 copies, signed and inscribed by Laurence Hodson, Doves Press, 1903. £5,000 to £7,000
    <b>Forum Auctions, Jan. 25:</b> Africa. Smith (Andrew). <i>Illustrations of the Zoology of South Africa,</i> 5 vol., first edition, original cloth, [1838-50]. £4,000 to £6,000
    <b>Forum Auctions: Fine Books and Works on Paper. January 25, 2018</b>
    <b>Forum Auctions, Jan. 25:</b> Longitude. <i>An Act for providing a Publick Reward for such Person or Persons as shall Discover the Longitude at Sea,</i> first edition of this highly important act, John Baskett, 1714. £3,000 to £5,000
    <b>Forum Auctions, Jan. 25:</b> Shirley (James). <i>Six new playes, viz. The Brothers. Sisters. Doubtfull Heir. Imposture. Cardinall. Court secret,</i> first edition, 1653. £3,000 to £4,000
    <b>Forum Auctions, Jan. 25:</b> Heaney (Seamus). <i>Ugolino,</i> number 77 of 125 copies, Dublin, Dolmen Press, 1979. £3,000 to £4,000
    <b>Forum Auctions: Fine Books and Works on Paper. January 25, 2018</b>
    <b>Forum Auctions, Jan. 25:</b> Lasinio (Carlo, 1759-1838). <i>[Ritratti Originali de Pittori Esistenti Nella Reale Galleria de Firenze],</i> 99 engravings, circa 1791-96. £1,800 to £2,200
    <b>Forum Auctions, Jan. 25:</b> Japan. Kusakabe Kimbei. Photograph Album, 50 hand-coloured albumen prints, oblong folio, [c.1890-1900]. £1,500 to £2,000
    <b>Forum Auctions, Jan. 25:</b> Polar. Expedition in search of Sir John Franklin. Arctic Expedition in search of Sir John Franklin, printed flyer, 1852. £1,000 to £1,500
  • <b>Case Antiques: Historic Winter Fine Art and Antiques Auction<br>January 27, 2018</b>
    <b>Case Antiques, Jan. 27:</b> <i>The Massachusetts Magazine: or Monthly Museum of Knowledge and Rational Entertainment,</i> 1789. Signed by George Washington. $28,000 to $32,000
    <b>Case Antiques, Jan. 27:</b> George Washington Signed Letter to John Marshall. $12,000 to $14,000
    <b>Case Antiques, Jan. 27:</b> Picasso Signed “Vallauris” 1952 Exhibition Poster. $6,000 to $8,000
    <b>Case Antiques: Historic Winter Fine Art and Antiques Auction<br>January 27, 2018</b>
    <b>Case Antiques, Jan. 27:</b> Military appointment commission document signed by both President Thomas Jefferson and Secretary of War Henry Dearborn, dated January 27, 1803. $2,400 to $2,800
    <b>Case Antiques, Jan. 27:</b> Doris Ulmann and Julia Peterkin. <i>Roll, Jordan, Roll.</i> New York, 1933, deluxe edition, preceding first edition of the same year. No. 74 of 350. $5,000 to $6,000
    <b>Case Antiques, Jan. 27:</b> John Marshall. <i>The Life of George Washington,</i> Philadelphia, 1832. Signed by author. $5,000 to $7,000
    <b>Case Antiques: Historic Winter Fine Art and Antiques Auction<br>January 27, 2018</b>
    <b>Case Antiques, Jan. 27:</b> Samuel L. Margolies (American, 1897-1974). Aquatint and etching, "Builders of Babylon," 1937. $4,000 to $4,500
    <b>Case Antiques, Jan. 27:</b> Two Robert E. Lee (1807-1870) signed documents as President of Washington College. $3,000 to $3,500
    <b>Case Antiques, Jan. 27:</b> William C. Harris. <i>The Fishes of North America That Are Captured on Hook and Line</i>, Vol I., New York, 1898. 40 chromolithograph plates. $2,000 to $2,500
    <b>Case Antiques: Historic Winter Fine Art and Antiques Auction<br>January 27, 2018</b>
    <b>Case Antiques, Jan. 27:</b> $100 "Date Back" bank note 1902 from the Clarksville National Bank, Clarksville, Tennessee, depicting the portrait of John Jay Knox, Jr. $1,400 to $1,800
    <b>Case Antiques, Jan. 27:</b> View of the University of Virginia, Charlottesville and Monticello, Taken from Lewis Mountain, drawn and lithographed by Edward Sachse. $800 to $1,000
    <b>Case Antiques, Jan. 27:</b> Large Civil War photograph mounted on card stock depicting Rossville Gap in Missionary Ridge. $400 to $450

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