• <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 7: John Blackbridge. <i>The Complete Poker Player.</i> New York, 1875. First Edition. $1,500 to $2,500.
    <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 14: Garrett Brown. <i>How to Beat the Game.</i> New York, 1903. $100 to $200.
    <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 22: Anthony Comstock. <i>Frauds Exposed.</i> New York, 1880. $300 to $500.
    <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 35: S.W. Erdnase. <i>The Expert at the Card Table.</i> Chicago: Author, 1902. First edition. $6,000 to $9,000.
    <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 41: [Gerritt Evans] “A Retired Professional,” pseudo. <i>How Gamblers Win.</i> New York, ca. 1870s. $250 to $350.
    <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 54: Jonathan Harrington Green. <i>An Exposure of the Arts and Miseries of Gambling.</i> Cincinnati, 1843. First edition. $2,000 to $3,000.
    <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 277: Phil Farley. <i>Criminals Of America Illustrated.</i> New York, 1876. $50 to $100.
    <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 228: <i>The English Rogue: Described in the Life of Meriton Latroon, a Witty Extravagant: Comprising the Most Eminent Cheats of Both Sexes.</i> London, 1666; 1671; 1680. $3,000 to $5,000.
    <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 219: Abraham De Moivre. <i>The Doctrine of Chances: or, a Method of Calculating the Probabilities of Events in Play.</i> London, 1718. First edition. $3,000 to $5,000.
    <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 95: Barabbas Whitefeather, pseudo. <i>The Handbook of Swindling.</i> London, 1839. Presentation copy, inscribed. $900 to $1,300.
    <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 134: <i>Poker Chips: A Monthly Magazine Devoted to Stories of the Great American Game.</i> New York, 1896. Five issues. $1,500 to $2,500.
    <b>Potter & Potter Auctions, Mar 30:</b><br>Lot 87: Harry Houdini. <i>The Right Way to Do Wrong.</i> Boston, 1906. $150 to $250.
  • <b>Bonhams, Mar 12:</b> Walt Whitman. <i>Leaves of Grass.</i> First edition, first issue, SIGNED in block letters by Whitman. 1855. $200,000 to $300,000
    <b>Bonhams, Mar 12:</b> Isaac Newton's copy of John Greave's <i>Pyramidographia,</i> London, 1646. $50,000 to $70,000
    <b>Bonhams, Mar 12:</b> Colonel John Mosby. Robert E. Lee's autograph letter to Samuel Cooper reporting on Mosby's exploits, with Cooper's autograph note ordering his appointment to Major.
    <b>Bonhams, Mar 12:</b> Gyula Halasz Brassai. Large archive of autograph and typed letters, over 260, to his family including his wife Gilberte, 1947-1978. $40,000 to $60,000
    <b>Bonhams, Mar 12:</b> Archive of drawings and letters from Harper Lee to Charles Carruth, including an inscribed first edition of <i>To Kill a Mockingbird.</i> $20,000 to $30,000
    <b>Bonhams, Mar 11:</b> VESALIUS, ANDREAS. 1514-1564. <i>De humani corporis fabrica libri septem.</i> Basel: Johannes Oporinus, June 1543. $300,000 to $500,000
    <b>Bonhams, Mar 11:</b> HARVEY, WILLIAM. 1578-1657. <i>De motu cordis & sanguinis in animalibus Anatomica Exercitatio.</i> Leiden: Joannis Maire, 1639. $25,000 to $35,000
    <b>Bonhams, Mar 11:</b> BERENGARIO DA CARPI, GIACOMO. 1460-1530. <i>Isagogae breves perlucide ac uberrimae in Anatomiam humani corporis.</i> Bologna: Benedictus Hectoris, 15 July 1523. $15,000 to $25,000
    <b>Bonhams NY, Mar 11:</b> FRANKLIN, BENJAMIN. 1706-1790. <i>Experiments and Observations on Electricity, made at Philadelphia in America…</i> London, 1769. $10,000 to $15,000
    <b>Bonhams NY, Mar 11:</b> BENIVIENI, ANTONIO. 1443-1502. <i>De abditis nonnullis ac mirandis morborum et sanationum causis.</i>Florence: Filippo Giunta, 1507. $8,000 to $12,000
  • <b>Arenberg Auctions: Rare Books, Manuscripts, Maps, and Works on Paper. March 29 & 30, 2019</b>
    <b>Arenberg Auctions, Mar 29 & 30:</b> QUAST, Pieter Jansz. - [A Quack doctor on a market square.] €3.500 to €4.500
    <b>Arenberg Auctions, Mar 29 & 30:</b><br>"Il Callotto resuscitato. Oder Ne¸ eingerichtes Zwerchen Cabinet." €6.000 to €7.000
    <b>Arenberg Auctions, Mar 29 & 30:</b> MELLISS, Mrs. John Charles - 135 compositions of which 66 used to illustrate John Melliss' work on Saint Helena. €9.000 to €10.000
    <b>Arenberg Auctions: Rare Books, Manuscripts, Maps, and Works on Paper. March 29 & 30, 2019</b>
    <b>Arenberg Auctions, Mar 29 & 30:</b> LUCA, Ghérasim. - <i>Apostroph' apocalypse. Eaux-fortes de Wifredo Lam.</i> €3.000 to €4.000
    <b>Arenberg Auctions, Mar 29 & 30:</b> REDOUTÉ, Pierre-Joseph - <i>Les Roses. Décrites par C.A. Thory.</i> €3.000 to €4.000
    <b>Arenberg Auctions, Mar 29 & 30:</b> CORONELLI, Vincenzo - A magnificent pair of globes, terrestrial and celestial. €175.000 to €250.000
    <b>Arenberg Auctions: Rare Books, Manuscripts, Maps, and Works on Paper. March 29 & 30, 2019</b>
    <b>Arenberg Auctions, Mar 29 & 30:</b> BLAEU, Joan - <i>Le Grand Atlas, ou Cosmographie Blaviaene, en laquelle est exactement descritte la Terre, la Mer, et le Ciel.</i> €170.000 to €250.000
    <b>Arenberg Auctions, Mar 29 & 30:</b> GOULD, John - A century of birds from the Himalaya mountains. €10.000 to €12.000
    <b>Arenberg Auctions, Mar 29 & 30:</b> LEVAILLANT, François - Histoire naturelle des perroquets. €50.000 to €70.000
    <b>Arenberg Auctions: Rare Books, Manuscripts, Maps, and Works on Paper. March 29 & 30, 2019</b>
    <b>Arenberg Auctions, Mar 29 & 30:</b> MAXIMILIAN III JOSEPH - Patent of nobility. €800 to €1.000
    <b>Arenberg Auctions, Mar 29 & 30:</b> Manuale parochiale sacerdotum. €800 to €1.200
    <b>Arenberg Auctions, Mar 29 & 30:</b> LONGUS - Les amours pastorales de Daphnis et Chloé. €1.250 to €1.500
  • <b>Chiswick Auctions: Books & Illustrated Art including Cartoons. March 28, 2019</b>
    <b>Chiswick Auctions, Mar 28:</b> Silver Binding.- [Torah], German 13 Loth silver binding, hinged clasp, 12mo, Sulzbach, 1805. £2,500 to £3,500.
    <b>Chiswick Auctions, Mar 28:</b> Picasso (Pablo). Minotaure vaincu, plate 89 from La Suite Vollard, etching, dated 29 May 1933, pencil, plate 190 x 265 mm, Paris, A. Vollard, 1939. £5,000 to £6,000.
    <b>Chiswick Auctions, Mar 28:</b> Dali (Salvador) & Alighieri (Dante). <i>La Divina Commedia,</i> 6 vols, NUMBER 478 of 2,900 copies, 100 numbered colour lithograph plates by Salvador Dalì, folio, Verona, 1963-1964. £3,000 to £4,000.
    <b>Chiswick Auctions: Books & Illustrated Art including Cartoons. March 28, 2019</b>
    <b>Chiswick Auctions, Mar 28:</b> Miniature Sepher Torah Nevi'im U'Kethuvim, prepared by Menachem M. Scholz, original cloth, housed within original gilt tooled metal case, with magnifying glass inset, 33x25 mm, Warsaw, c. 1880. £1,200 to £1,800.
    <b>Chiswick Auctions, Mar 28:</b> Scarfe (Gerald). ‘Men of Snow’ [Tony Blair, William Hague & 'Robin' Cook], original ink, watercolour & gouache drawing, signed, 600 x 435 mm, n.d. with 2 others (3). £800 to £1,200
    <b>Chiswick Auctions, Mar 28:</b> Francklyn (Gilbert), Paine (Thomas). <i>Rights of Man…</i>, FIRST EDITION [and] <i>Rights of Man. Part the Second…,</i> Printed for J. S. Jordan, 1791-92, [and 1 other]. £700 to £1,000
    <b>Chiswick Auctions: Books & Illustrated Art including Cartoons. March 28, 2019</b>
    <b>Chiswick Auctions, Mar 28:</b> Chagall (Marc). Le Jeu des Acrobates (Acrobats at Play), HORS COMMERCE PROOF, lithograph, from The Lithographs of Chagall, 320 x 240 mm, André Sauret, 1963. £1,800 to £2,200
    <b>Chiswick Auctions, Mar 28:</b> [Harris (John)]. <i>The History of The Old Woman who had Three Sons Jerry, James, and John…,</i> 12mo, J. Harris, 1815. £200 to £300
    <b>Chiswick Auctions, Mar 28:</b> Royal Binding.- Staël-Holstein (Germaine de). <i>De la littèrature considerée dans ses rapports avec les institutions sociales…,</i> 2 vols, second edition, Crapelet, Paris, [1801]. £400 to £600
    <b>Chiswick Auctions: Books & Illustrated Art including Cartoons. March 28, 2019</b>
    <b>Chiswick Auctions, Mar 28:</b> Ancient History.- La Baune (Jacques de). <i> Panegyrici Veteres,</i> Paris, 1676. [with] Wesseling (Petrus, ed.). <i> Vetera Romanorum itineraria…</i> £800 to £1,200
    <b>Chiswick Auctions, Mar 28:</b> Edward (Gibbon). <i> History of the Decline and Fall of the Roman Empire…</i> Multiple editions and languages [English and French]. £300 to £400
    <b>Chiswick Auctions, Mar 28:</b> Curtis (William). <i> Flora Londinensis,</i> FIRST EDITION, 2 vols in 3. 119 hand-coloured plates of 454. £500 to £700

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>Forum Auctions: Fine Books, Manuscripts and Works on Paper. March 28, 2019</b>
    <b>Forum Auctions, Mar 28:</b> Greco (Gioachino). <i>Primo modo del gioco de Partito…</i> Manuscript, France, 1624 or 1625. A collection of partiti, or 'chess problems' by one of the most important figures in the history of chess. £20,000 to £30,000.
    <b>Forum Auctions, Mar 28:</b> Herodotus. <i>Historiae,</i> translated into Latin by Lorenzo Valla and edited by Antonio Mancinelli. Venice, 1494. £15,000 to £20,000.
    <b>Forum Auctions, Mar 28:</b> Darwin (Charles). Autograph Letter signed to his cousin Reginald Darwin, Down, Beckenham, Kent, 27th March 1879. £12,000 to £18,000.
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. March 28, 2019</b>
    <b>Forum Auctions, Mar 28:</b> Nicolay (Nicolas de). <i>The Navigations, peregrinations and voyages, made into Turkie,</i> first edition in English, Imprinted at London by Thomas Dawson, 1585. £10,000 to £15,000.
    <b>Forum Auctions, Mar 28:</b> Saint-Exupéry (Antoine de). <i>The Little Prince,</i> number 66 of 525 copies signed by the author, 1943. £8,000 to £12,000.
    <b>Forum Auctions, Mar 28:</b> Catlin (George, 1796-1872). Tuch-ee, A Celebrated War Chief of the Cherokees, watercolour, [circa 1834]. £6,000 to £8,000.
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. March 28, 2019</b>
    <b>Forum Auctions, Mar 28:</b> Genetics.- A collection of c.300 pamphlets on genetics comprising many of the major contributions from the first half of the 20th century. £5,000 to £7,000.
    <b>Forum Auctions, Mar 28:</b> India.- Rajasthan.- Kota School (probably late 18th c.). Elephant in a landscape with chains around his feet, brush and black ink with opaque pigments. £5,000 to £7,000.
    <b>Forum Auctions, Mar 28:</b> Commelin (Caspar). <i>Horti medici Amstelaedamensis plantae rariores et exoticae,</i> first edition, 48 finely hand-coloured engraved plates, Leiden, F.Haringh, 1706. £4,000 to £6,000.
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. March 28, 2019</b>
    <b>Forum Auctions, Mar 28:</b> Plague-water and cookery & medical recipes.- Jackson (Mrs Sarah). Medical and cookery recipes, manuscript in several hands, title and 134pp., 1688-1755. £4,000 to £6,000.
    <b>Forum Auctions, Mar 28:</b> Vernet (<i>After</i> Joseph, 1714-1789). <i>[Vues des ports de France],</i> sixteen plates (of 18), etchings and engravings by Charles Nicolas Cochin fils and Jacques Philippe Le Bas, [c.1760-1780]. £4,000 to £6,000.
    <b>Forum Auctions, Mar 28:</b> Detmold (Edward Julius, 1883-1957). Parrots and Butterflies, watercolour. £2,500 to £3,500.
  • <b>Koller Auctions: Books & Autographs. March 26, 2019</b>
    <b>Koller Auctions, Mar 26:</b> Jacques Gamelin. <i>Nouveau recueil d'osteologie et de myologie, dessine d'apres nature...</i> 2 parts in 1 vol., large folio, 82 copper plates. CHF 12,000 to 18,000
    <b>Koller Auctions, Mar 26:</b> Melchior Pfintzing. <i>Die geverlicheiten und einsteils geschichten des loblichen streytparen...</i> 118 woodcut engravings, first edition. CHF 30,000 to 50,000
    <b>Koller Auctions, Mar 26:</b> Book of hours. Handwritten Latin text on vellum. With 17 large miniatures, Flanders, c.1460. CHF 70,000 to 90,000
    <b>Koller Auctions, Mar 26:</b> Maria Sibylla Merian. <i> Dissertatio de generatione et metamorphosibus insectorum Surinamensium,</i> 72 copper plates, Den Haag, 1726. CHF 60,000 to 90,000
  • <b>Swann Auction Galleries, Mar 28:</b> <i>The Negro Travelers' Green Book,</i> edited by Victor H. Green, New York, 1958. $2,500 to $3,500.
    <b>Swann Auction Galleries, Mar 28:</b> Phillis Wheatley, <i>Poems on Various Subjects, Religious & Moral,</i> London, 1773. $15,000 to $25,000.
    <b>Swann Auction Galleries, Mar 28:</b> David Ruggles, <i>The Mirror of Liberty,</i> first issue of the first magazine edited by an African American, New York, 1838. $8,000 to $12,000.
    <b>Swann Auction Galleries, Mar 28:</b> Lorraine Hansberry, <i>A Raisin in the Sun,</i> draft typescript, inscribed by the playwright, circa 1958. $3,000 to $4,000.
    <b>Swann Auction Galleries, Mar 28:</b> Pair of letterpress broadsides for Ira Aldridge’s historic first 2 performances at London’s Theatre Royal, 1833. $10,000 to $15,000.
    <b>Swann Auction Galleries, Mar 28:</b> Archive of letters to John Augustine Washington III at Mount Vernon, many of which discuss the lives of enslaved persons, 1837-61. $20,000 to $30,000.
    <b>Swann Auction Galleries, Mar 28:</b> Important archive of letters and photographs of Charles White and his spouse, Frances B. White, 1956-60. $4,000 to $6,000.
    <b>Swann Auction Galleries, Mar 28:</b> Papers of educator Sister Makinya Sibeko-Kouate, one of the leading popularizers of Kwanzaa, 1940-1975. $6,000 to $9,000.
    <b>Swann Auction Galleries, Mar 28:</b> Stock certificate of the Negro Factories Corporation, signed by Marcus Garvey, 1920. $3,000 to $4,000.
    <b>Swann Auction Galleries, Mar 28:</b> Benjamin Banneker, <i>Bannaker’s Maryland . . . Almanack and Ephemeris, for the Year of our Lord 1796,</i> Baltimore, 1795. $15,000 to $25,000.
    <b>Swann Auction Galleries, Mar 28:</b> Frederick Douglass, previously unknown carte-de-visite by Samuel M. Fassett, Washington DC, 1878. $3,000 to $4,000.
    <b>Swann Auction Galleries, Mar 28:</b> <i>First Annual Report of the New York Committee of Vigilance,</i> New York, 1837. $3,000 to $4,000.

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