Saying Good-bye to The Everyday Foodie
“If life deals you lemons, make lemonade; if it deals you tomatoes, make Bloody Marys” — unknown
A major brand has decided that my blog branding infringes on their trademark and IP. They’ve also accused me of cybersquatting. They’ve ordered me to cease and desist with my domain and to transfer all domain rights to them.
Well then.
I (and my legal counsel) disagree. I’m clearly not cybersquatting because I acquired my domain in good faith and am in no way interested in reselling it to any brand. My domain is occupied and thriving. Of the two accusations, this one offends me the most, largely because all the brand had to do to figure out my intention for the domain for themselves was to visit my site for a look-see. However, they seem to be more interested in sending out threatening letters than actually investigating their claims. The trademark and IP issue is a little murkier because judging similarities, and thus infringement on trademarks and IP, is so subjective, although my site would never be confused with any of the visual elements of the brand. And honestly, as much as I love my little blog, it’s not like I’m a threat to this brand’s revenue streams or a source of brand dilution. Compared to the ocean that is this brand, my blog is a drop of water.
While I know that sending out C&D letters is something every large company does regularly in an effort to protect their brand and IP, that a few bad apples have had to make those brands hyper-vigilant, and that I really shouldn’t take this whole thing personally, I do. To me this is an example of the desperation exhibited by so many companies as they try to exert control over their brands in a changing world. Their brand is like sand. As they feel it slipping through their fingers they close their fists tighter only to find what they are so desperately trying to hold on to is slipping away even further. I’ve been a customer and advocate of this brand for years. Until I received the legal notice two weeks ago, I was a marketer’s dream: a loyal purchaser who regularly recommended the brand’s products and publications to my friends and family. I’m a content creator and active on social networks, both of which increase my personal reach and influence and gave me more opportunities to be their advocate. Now they have lost me as a customer and advocate forever, with all that that entails. What they may have gained in perceived brand protection they have lost in the profits and the lifetime value of a loyal customer.
As both a blogger and a social media marketer, this entire episode saddens me. The world of branding and marketing is changing at the speed of light, and so many companies are fumbling about trying to figure out how to change their approach to exist in an environment of empowered consumers who have found their voice. I thought this favorite company of mine was on the right track, given their progressive work in community development and social media. Sadly, they’ve reverted to form and I find that they haven’t really changed. Deep down they are still the same old brand terrified of losing an ownership they never really had in the first place. I expect they are very much not alone. The only bright light for me is that companies like Dell have started to figure out who’s really in control of their brand and how to embrace their customers instead of continuing futile attempts to have power over them. I hope others, like this big brand that thinks I’m such a threat, will follow suit one day.
Now What?
I’ve talked with my legal counsel and considered my options. There are two paths ahead of me: fight or walk away. The title of the post indicates which path I’ve chosen.
I firmly believe that I am in no way infringing on a brand’s trademark and I’m certainly not cybersquatting. Were this disagreement to find its way to court I have reasonable expectation that I would prevail. However, the reality is that I am a single individual with limited resources and this brand is a big company with deep pockets, desperate to protect their (perceived) brand ownership, and with all the lawyers in the world. It’s not like any court battle between us would be on a level playing field. I suspect they are counting on this reality when they send out notices like the ones I received. They expect most people to be intimidated by them and to give up in the face of a mountain of legal resources. I’m happy to say that I’m not intimidated because my lawyer is a brilliant and amazing woman who makes the murkiness of the legal world clear and navigable. Instead I’m empowered to choose what’s best for me, my blog, and my personal brand as a foodie.
The last two weeks have taught me that I can’t fight for the existence of my blog in its current incarnation and contribute to its growth. I have decided that I would rather focus my energies on continuing to create content that is useful to others and on improving my skills as a food blogger and beginner photographer. I’ve built a strong network of local and national food bloggers whose writing and company I truly enjoy, and I would rather spend time with them than with my legal team figuring out our next move. Any legal battle I would win would be bittersweet because it would have come at a cost I’m just not willing to pay in either money or time lost focusing on my blog and the great food blogging community.
Help Me Rebrand My Blog
Over the next couple of weeks I’m going to rename my blog and re-launch it with a new brand to match. I see this as an opportunity for change and growth, and to refine my general philosophy of making cooking and entertaining easy for everyone. All of the content I’ve created to date will exist on the new site, but I want to take this time to rethink everything about my blog. I’m lucky enough to have access to a great creative team and some brilliant marketers whom I will ply with food and wine to help me think through my new brand, but I’m just as lucky to have a great readership whose input I value greatly.*
What parts of my blog do you like the most? What would you like to see more of? What should I stop doing? What need do you have that my blog could meet? What food blog do you wish existed but doesn’t? Do you have an idea for a cool name or concept you think fits me just perfectly?
I’m open to any and all suggestions about how to make my new blog better so it can better serve the needs of my readers, because in the end, that’s what I’m here for.
*Legal stuff (not because I’m paranoid or anything): I will absolutely credit anyone who helps me come up with a new name or concept for my blog. However, any input posted here becomes part of my blog and the contributor waives all rights to ownership or future interest in that information. Please don’t offer something here that you want to take back later or otherwise be compensated for.
i’m new to your Blog, but how about “Tanya’s Table”?
You must have an active following for the Big Guys to take note, you go girl! Ela In The Lab
I know its hard but I say you should fight. It may be an uphill battle but if people don’t fight back these corporations will just continue to railroad over everyone. They need to learn that they can’t just step on people because they feel like it.
I just read that a company was trying to shut down this blog and checked it out for the first time. It’s amazing! All this crap just won you a loyal reader!
[...] my girlfriend alerted me to a post over at one of the food blogs she follows. The blogger had received a cease and desist letter from a major brand alleging trademark infringemen… After receiving legal advice the blogger has decided to abide the cease and desist letter despite a [...]
But damn, how can we boycott this brand and scoff at the mention of their name if we don’t know who they are?
They’re protected… you’re not. But they’re the Spanish Armada and you’re the British Navy…you’ll outmaneuver them.
I only recently discovered your blog, but have really enjoyed it. I was receiving news feed updates, but just signed up for e-mail updates to make sure you can send out your new site info when it’s up. I’ll also send out a tweet with your new url when you have it.
Keep up the great attitude towards using this as an opportunity. btw, haven’t really seen anything I didn’t like on the blog. Sorry not much help on what to scratch and what to keep. I like it all!
Good luck!
“A rose by any other name … ” I look forward to seeing what you come up with next, Natanya, and applaude you for moving forward and regrouping. They can keep their paranoia; you’re dynamic. This change heralds something great. : )
I hope that brands will one day figure out that they grow their brand by sharing.
Thanks for the thoughtful response. I too wish there had been some middle ground we could have found. Lord knows that I understand a brand’s position and the millions of dollars it spends each year to establish and grow the brand. I would have happily worked with them to figure out how everyone could win. In the end I do hope that my blog is better – that’s my goal anyway.
You know, that vision has given me more comfort than you can know. Thank you so much for the kind words and the laughs just when I need them. I’m really enjoying our twitter connection.
I think you should go out and trademark “Doogs” right now – their loss
I like the thought of legal missing the sense of context, we certainly have to navigate that on a daily basis and in this I wish I had an advocate or at least a channel at the brand to help with that. As always, thanks for your support in work and personal endeavors.
Me too! I’m just amazed. Consider yourself looped.
I certainly hope you’re right. Thank you for the very kind words.
Thanks for the recommendation – I didn’t even think of that.
I really love this perspective – it helps put things in a light I hadn’t considered.I am so very lucky to have such a strong support base and I’m fully committed to making everyone proud for lending me that support. Thank you!
I’m glad you found me even if it was through this somewhat unfortunate situation. I hope you like what you’ve seen and that you’ll come back for the next incarnation.
A tweetup – brilliant!
Hi Mindy – thank you for your unwavering support through this and so many other not-so-fun things. I will absolutely be taking you up on your offer to help brainstorm, you’re one of the best marketing minds I know.
Thanks April. It’s been great to meet and hang out with you at our local food blogger activities.
You know, you’ve articulated exactly how I feel about this whole thing. I appreciate your support and you and your blog have been a huge inspiration for me.
I so wish I could but given how litigious they appear to be, I think it would possibly cause more trouble. What I will say is there have been some good guesses on the board about the source.
Thank you – I’m looking forward to the creative exercise and the renewed joy of working on my blog.
I tell you that daily a small part of me yells that we should be fighting but I’m all about living to fight another day. I really appreciate your kind words.
Amen on the karma!
If an outcome of this is that you’re starting your own blog then it was well worth it. I love getting glimpses of your food via tweets and Facebook, so I can’t wait to read your blog. I’ll be one of your first RSS subscribers!
Thank you so very much. I can only imagine what kind of names we could all come up with together
Thank you! I hope that you’ll enjoy what you find once it’s up and running.
Thank you!
I think once I have my new domain I may be able to do that – checking with my legal eagle.
Oooh, now I hadn’t thought about incorporating my name. That’s a great idea. Thank you for taking the time to visit and to provide such a great idea.
I’ve been thinking a lot about this very issue, because even though I’m taking the high road, in the end the brand gets what they want and is ultimately rewarded by their behavior. While I’ll probably stay with this course of action for this situation, I’m looking into ways we cay systemically make changes that make it easier for individuals and small companies to be on better footing with big brands in disputes like this.
Thank you. In the end I think that makes it worth it!
The great thing about everyone on this thread is that they are super-smart and have made some good guesses about the brand in question
I like being the British Navy – I can work with that.
Thank you for the very kind words. I’m so glad you like what you’ve seen – in the end that’s what I’m really here for. I appreciate your support.
Thank you for your enthusiasm and support. I love “dynamic” – that’s a huge compliment
NatanyaFeasting.com
Love the poll up top! Not sure I’m keen on the choices, but I want to rein in my snark before throwing out suggestions. Otherwise it’d just be variations on “everyday” – i.e. “The Daily Foodie”, or bad puns (“Foodie Two Shoes”)…
The Foodie Files
Or Foodiephiles
natschats.com
Maybe not ideal since the name doesn’t imply food, but it would give you some flexibility to talk about something else if you felt like it one day.
@stan Why on earth would someone not want to talk about food everyday?! =)
I like Fete and Feast. It connotes exactly what you like doing — entertaining and cooking. I’d stay away from titles with “foodie” in it. It seems like this is the opportunity to completely reinvent the blog, and I think (for me at least) I associate “foodie” with the origins of this incident.
I’m of the opinion that, as a mega powerhouse in the industry, if they weren’t clever enough to buy every domain that resembles their name, it’s their own fault. How can they seriously own the phrase everyday foodie? How can they think they do?
Your response is admirable, though, and I think in the long-run, you’ll be surprised how many good things come of it. Rebranding? Excellent! I’ve wished I could rename my site before, but I don’t have a force pushing me to do it, so I’m not going to. One tip I’d offer –> consider choosing a one-word title. This helps with keywording in search results, and it’s also good if you choose a food, say, that people may search for and find your blog, especially since they’d be the type of readers you’d look for – the ones who read about food online.
Good luck!
Hi Natanya,
Way to turn a challenging situation into a great learning experience! I applaud you.
Was thinking about new names for your blog — I really like Fete and Feast, especially since you focus on helping people eat and entertain. Here are a few more ideas:
- Natanya’s Nibbles
- Wine & Dine with Natanya
- Noshing with Natanya
- Delicious Snippets
As many people have said before me, we’ll follow you wherever you go!
Good luck,
Laura
Having the ability to talk about other things wouldn’t preclude her from talking about food every day.
Wow – such great fun names – makes me want to start a whole slew of blogs for each of the cool names. Today’s the day I pick and this weekend is the change over. Thanks so very much to everyone whose voted, made suggestions, and most importantly, offered support.
Well, you’ve just gained another reader and the bully has just lost another customer. The good thing about this is…we the people make those big brands, by voting with our dollars…and we can just as easily decide to vote elsewhere. If this sort of nonsense ends up costing them enough, they will be forced to rethink their strategy.
[...] threatened with legal action by Martha Stewart. I know it may be surprising to find the legal debacle I ran into earlier in the year around the previous name of my blog, Everyday Foodie, at the top of my list. I’ll admit I had [...]