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.