• <b>Sotheby’s New York: The Maurice Neville Collection of Modern Literature (Part III). April 24, 2017</b>
    <b>Sotheby’s NY Apr. 24:</b> Clemens, Samuel L. <i>The Writings Of Mark Twain.</i> New York And London: Harper & Brothers, 1904to1906. $80,000 to 120,000
    <b>Sotheby’s NY Apr. 24:</b> Biggers, Earl Derr. <i>The House Without a Key</i>. New York: Grosset & Dunlap, 1925. $7,000 to 10,000
    <b>Sotheby’s NY Apr. 24:</b> Bukowski, Charles. Extensively revised typescript of his novel <i>Factotum</i>. [Los Angeles, c. 1973 to 75]. $50,000 to 70,000
    <b>Sotheby’s New York: The Maurice Neville Collection of Modern Literature (Part III). April 24, 2017</b>
    <b>Sotheby’s NY Apr. 24:</b> Dickens, Charles. Autograph quotation from <i>A Christmas Carol</i> signed ("Charles Dickens" With Paraph). $25,000 to 35,000
    <b>Sotheby’s NY Apr. 24:</b> Fitzgerald, Zelda. A group of paper dolls with costumes, circa 1927. $25,000 to 35,000
    <b>Sotheby’s NY Apr. 24:</b> Hemingway, Ernest. <i>Men Without Women</i>. New York: Charles Scribner's Sons, 1928. $25,000 to 35,000
    <b>Sotheby’s New York: The Maurice Neville Collection of Modern Literature (Part III). April 24, 2017</b>
    <b>Sotheby’s NY Apr. 24:</b> Lawrence, T. E. Autograph letter signed ("TE Shaw") completing the order for George VII — The Brough Superior motorcycle on which he was killed. $5,000 to 7,000
    <b>Sotheby’s NY Apr. 24:</b> Steadman, Ralph. "Somewhere Around Barstow". $7,000 to 10,000
    <b>Sotheby’s NY Apr. 24:</b> Jones, Robert Tyre ("Bobby"), and O. B. Keeler. <i>Down The Fairway: The Golf Life And Play Of Robert T. Jones, Jr.</i> New York: Minton, Balch, 1927. $7,000 to 10,000
    <b>Sotheby’s NY Apr. 24:</b> Ruth, George Herman ("Babe"). <i>Babe Ruth's Own Book Of Baseball</i>. New York & London: G. P. Putnam's Sons, 1928. $8,000 to 12,000
  • <b>Seth Kaller:</b> “America the Beautiful”
    <b>Seth Kaller:</b> George Washington, Tongue-in-Cheek, Writes James McHenry About His Wife or Mistress—But Funding the Continental Army is the Real Topic
    <b>Seth Kaller:</b> Young’s Map of the United States
    <b>Seth Kaller:</b> President Lincoln & His Most Profitable Client, the Illinois Central Railroad
    <b>Seth Kaller:</b> Lincoln Thanks Former Pro-Slavery and Newly Republican Congressman for a Fiery Anti-Slavery Speech at a Philadelphia Campaign Rally
    <b>Seth Kaller:</b> “A Visit From St. Nicholas” - great association copy inscribed by Clement C. Moore
    <b>Seth Kaller:</b> Einstein Agrees to Allow “a Short Book on the Hydrogen Bomb” to Use His Statement Made on Eleanor Roosevelt’s TV Show
    <b>Seth Kaller:</b> The Building Blocks of Albert Einstein’s Creative Mind
    <b>Seth Kaller:</b> A Unique Manuscript Map of Block Island Sound Including Fisher’s and Gardiner’s Islands, the Hamptons, and Montauk Point
    <b>Seth Kaller:</b> J.R.R. Tolkien Writes his Proofreader with a Lengthy Discussion of the Lord of the Rings, Including Criticism of Radio Broadcasts of his Work
    <b>Seth Kaller:</b> Six Benjamin Franklin Signed Receipts – Including his Earliest Obtainable Autograph — Acknowledging a Donation to the Famous Library Company He Founded, and Five Payments for His Pennsylvania Gazette
    <b>Seth Kaller:</b> Sherman Dishes on Lincoln & Thomas, Meade, Sheridan, Halleck & Grant

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>Now in press: 19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop.</b> <i>The First American Magna Carta. English Liberties.</i> Boston, 1721.
    <b>19th Century Shop.</b> Babbage presentation to Peel, the man who killed the Difference Engine 1832
    <b>19th Century Shop.</b> The Stamp Act. 1765
    <b>Now in press: 19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop.</b> Central Park Photographs by Prevost 1862
    <b>19th Century Shop.</b> Salem Witch Trials. Wonders of the Invisible World 1693
    <b>19th Century Shop.</b> Mammoth print of Millie-Christine, "The Carolina Twins" c. 1868
  • <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> BROWNING, ELIZABETH BARRETT. Autograph Manuscript Initialed ("E.B.B."), being the working notebook for the poems contained in <i>The Seraphim and Other Poems</i>. $400,000 to 600,000
    <b>Bonhams Mar. 9:</b> WILDE, OSCAR. Two leaves, pp 31-34, from the first appearance of <i>The Picture of Dorian Gray in Lippincott's Monthly Magazine for July, 1890</i>, with Wilde's autograph revisions. $40,000 to 60,000
    <b>Bonhams Mar. 9:</b> SHAKESPEARE, WILLIAM. <i>Comedies, Histories and Tragedies; Published according to the true Originall Copies. Second Impression. [THE SECOND FOLIO.]</i> $200,000 to 300,000
    <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> KENNEDY, JOHN FITZGERALD. Photograph Signed ("John F. Kennedy") and Inscribed, 8 x 10 inch gelatin silver print, of Senator Kennedy and Miss Barelli, at the swearing of the secretarial oath for Miss Barelli. $1,200 to 1,800
    <b>Bonhams Mar. 9:</b> COOPER, JAMES FENIMORE. Autograph Manuscript, being Chapter XXVII of <i>Afloat and Ashore</i>. $15,000 to 20,000
    <b>Bonhams Mar. 9:</b> IRVING, WASHINGTON. Autograph Manuscript, being Chapter 20 from Volume IV of <i>The Life of George Washington</i>. $20,000 to 30,000
    <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> VERNE, JULES. Autograph Manuscript Signed ("Jules Verne"), being the complete short story "<i>Une fantaisie de docteur Ox</i>". $100,000 to 150,000
    <b>Bonhams Mar. 9:</b> ALCHEMY. <i>[The Crowning of Nature, or Coronatio Naturae.]</i> Original alchemical manuscript on paper, ruled in red, with watermark of the arms of Schieland. $100,000 to 150,000
    <b>Bonhams Mar. 9:</b> DE JODE, CORNELUS. 1568 - 1600. <i>Quivirae Regnu, Cum Alija Versus Borea</i>. [Antwerp: Arnoldum Coninx, 1593]. $7,000 to 10,000
    <b>Bonhams, March 9. Fine Books and Manuscripts, Including the Kennedy Years</b>
    <b>Bonhams Mar. 9:</b> HOOKER, JOSEPH DALTON. <i>The Rhododendrons of Sikkim-Himalaya; Being an Account, Botanical and Geographical, of the Rhododendrons Recently Discovered in the Mountains of Eastern Himalaya</i>… $7,000 to 10,000
    <b>Bonhams Mar. 9:</b> CATLIN, GEORGE. <i>North American Indian Portfolio. Hunting scenes and amusements of the Rocky Mountains and prairies of America. From drawings and notes of the author, made during eight years' travel.</i> $20,000 to 30,000
    <b>Bonhams Mar. 9:</b> LINCOLN, ABRAHAM. HESLER, ALEXANDER. Platinum print, 8 3/4 x 6 3/4 in, of a beardless Lincoln, 1860.<br>$2,000 to 3,000
  • <b>Doyle, Apr. 26:</b>  Lewis Morris Rutherfurd, The Moon, From a Negative taken at the Observatory of Mr. L. M. Rutherfurd...May 19, 1874. Est: $5,000-8,000 (Lot 3)
    <b>Doyle, Apr. 26:</b> Alvin Langdon Coburn. London. With 20 photogravures by Coburn and text by Hilaire Belloc, London and New York: 1909. First edition. Est: $4,000-6,000 (Lot 32)
    <b>Doyle, Apr. 26:</b> Lee Friedlander, Newark, New Jersey, 1962 and Albuquerque, New Mexico, 1972.<br>Est: $7,000-9,000 (Lot 50)
    <b>Doyle, Apr. 26:</b> The  papers of Brevet Major General John Gross Barnard (1815-1882), Chief Engineer of the Army of the Potomac. Est: $75,000-100,000 (Lot 160)
    <b>Doyle, Apr. 26:</b> James Joyce, Dubliners, London: Grant Richards, 1914. First edition. Est: $5,000-8,000 (Lot 362)
    <b>Doyle, Apr. 26:</b> George Sand, Group of five volumes inscribed to Henry Harrisse. Est: $4,000-6,000 (Lot 405)
    <b>Doyle, Apr. 26:</b> Thomas More, Sir, Saint [Utopia]: De optimo reip. statu deque nova insula utopia libellus vere aureus… Basel: Froben, March 1518. First Basel edition. Est: $15,000-25,000 (Lot 308)
    <b>Doyle, Apr. 26:</b> Johannes Brahms, Autograph letter in German signed "Joh. Brahms.” Est: $4,000-6,000 (Lot 285)
    <b>Doyle, Apr. 26:</b> Kelmscott Press, [Guilelmus, of Tyre, Archbishop]. The History of Godefrey of Boloyne. Hammersmith: Kelmscott Press, 1893. Est: $2,000-3,000 (Lot 270)
    <b>Doyle, Apr. 26:</b> Gilles Robert de Vaugondy, Gilles Didier, Atlas universel...Paris: the author and Boudet, 1757[-58]. Est: $10,000 - $15,000  (Lot 222)
    <b>Doyle, Apr. 26:</b> John Keats, Lamia, Isabella, the Eve of Saint Agnes and Other Poems. London: Taylor and Hessey, 1820. First edition. Est: $5,000-7,000 (Lot 399)
    <b>Doyle, Apr. 26:</b> Specimen book of Schumacher & Ettlinge, between 1870-1895. Original roan-backed boards.. Est: $2,000-3,000 (Lot 195)
  • <b>Swann Auction Galleries May 4: Autographs</b>
    <b>Swann Auction Galleries May 4:</b> Ernest Hemingway, Autograph Letter Signed "Love / Mr. Papa," to Marlene Dietrich, Cuba, 1952. $20,000 to $30,000.
    <b>Swann Auction Galleries May 4:</b> Alexis de Tocqueville, Autograph Letter Signed, on the publication of <i> Democracy in America </i>, 1837. $10,000 to $15,000.
    <b>Swann Auction Galleries May 4:</b> Thomas Hart Benton, Autograph Manuscript, draft of <i>The Mechanics of Form Organization in Painting</i>, with sketches, 1926. $20,000 to $30,000.
    <b>Swann Auction Galleries May 4: Autographs</b>
    <b>Swann Auction Galleries May 4:</b> Elliot Erwitt, photograph of Kennedy & Eisenhower, signed by both,<br>c. 1960. $10,000 to $15,000.
    <b>Swann Auction Galleries May 4:</b> John Adams, Partly-printed Document Signed, as President, countersigned by Secretary of State Timothy Pickering, 1798. $4,000 to $6,000. 
    <b>Swann Auction Galleries May 4:</b> Graphite drawing of Albert Einstein, signed by him & the artist, S.N. Swamy, 1950. $7,000 to $10,000.
    <b>Swann Auction Galleries May 4: Autographs</b>
    <b>Swann Auction Galleries May 4:</b> Pyotr Ilyich Tchaikovsky, Autograph Musical Quotation Signed, London, 1888. $7,000 to $10,000.
    <b>Swann Auction Galleries May 4:</b> Thomas Jefferson, Partly-printed vellum Document Signed, as President, countersigned by Secretary of State James Madison, 1809. $4,000 to $6,000.
    <b>Swann Auction Galleries May 4:</b> Agatha Christie, Autograph Manuscript notebook with early drafts for numerous novels, Baghdad, circa 1948. $4,000 to $6,000.
    <b>Swann Auction Galleries May 4: Autographs</b>
    <b>Swann Auction Galleries May 4:</b> Claude Monet, Autograph Letter Signed to Desmond Fitzgerald, in French, 1889. $4,000 to $6,000.
    <b>Swann Auction Galleries May 4:</b> Photograph of Fidel Castro, Signed & Inscribed, in Spanish, 1955. $3,500 to $5,000.
    <b>Swann Auction Galleries May 4:</b> Frederick Stuart Church, archive of 17 illustrated Autograph Letters Signed to Evander Schley, 1905-11. $5,000 to $7,500.
  • <b>Old World Auctions, Apr. 26:</b> Lot 37. Anonymous, <i>[Untitled - Ancient World]</i>, 1553. Est. $20,000 - $23,000
    <b>Old World Auctions, Apr. 26:</b> Lot 45. Cellarius, <i>Haemisphaerium Stellatum Australe</i>, 1708. Est. $2,400 - $3,000
    <b>Old World Auctions, Apr. 26:</b> Lot 51. Kircher, <i>Systema Ideale quo Exprimitur</i>, 1665. Est. $1,600 - $1,900
    <b>Old World Auctions, Apr. 26:</b> Lot 152. David H. Vance, <i>Map of the United States of North America</i>, 1825. Est. $8,000 - $10,000
    <b>Old World Auctions, Apr. 26:</b> Lot 309. Mark Storm, <i>Official Texas Brags Map of North America</i>, 1948. Est. $350 - $425
    <b>Old World Auctions, Apr. 26:</b> Lot 426. B. Crété, <i>Carte Symbolique de l'Europe / Europe en 1914</i>, 1915. Est. $2,000 - $2,300
    <b>Old World Auctions, Apr. 26:</b> Lot 636. Hartmann Schedel, <i>Folio LXIIII - Destruccio Iherosolime</i>, 1493. Est. $1,100 - $1,400
    <b>Old World Auctions, Apr. 26:</b> Lot 649. Heinrich Bunting, <i>Asia Secunda pars Terrae in Forma Pegasi</i>, 1581. Est. $3,000 - $3,750
    <b>Old World Auctions, Apr. 26:</b> Lot 747. Theodore de Bry, <i> [Lot of 22 - Complete Set of De Bry's Virginia Natives]</i>, 1590. Est. $6,000 - $7,000
    <b>Old World Auctions, Apr. 26:</b> Lot 769. Lotter/Lobeck, <i>Atlas Geographicus Portatilis</i>, 1760. Est. $1,900 - $2,200
    <b>Old World Auctions, Apr. 26:</b> Lot 772. Henry Teesdale, <i>A New General Atlas of the World</i>, 1835. Est. $1,200 - $1,500
    <b>Old World Auctions, Apr. 26:</b> Lot 777. Marco Coltellini, <i>[3 Volumes] Il Gazzettiere Americano</i>, 1763. Est. $5,500 - $7,000

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