This was in my Publisher’s Lunch newsletter yesterday. (If you don’t already subscribe, you should. Tons of interesting publishing insider info.)
OR Books Goes Rogue with Initial Release
The direct-sale start-up OR Books, founded by John Oakes and Colin Robinson, announced their inaugural title yesterday–which just happens to share some striking similarities with another prominent forthcoming release. OR Books is issuing GOING ROUGE: Sarah Palin, An American Nightmare on November 17, the same day when HarperCollins publishes GOING ROGUE: An American Life by Sarah Palin. Comprising essays assembled by Nation editors Richard Kim and Betsy Reed, it promises “progressive perspectives on Sarah Palin’s political career” by writers including Naomi Klein, Jane Mayer, Katha Pollitt, Jim Hightower, Christopher Hayes, Gloria Steinem, Joe Conason, and Tom Frank.
Harper had no comment on the OR Books cover, so we asked Ned Himmelrich, head of the intellectual property department at law firm Gordon Feinblatt, for an assessment of whether the cheeky new cover crosses legal lines. “Although the first instinct is to believe that the “Nightmare” book has to be infringing” the publishers “may have found a seam in Palin’s protection.” He added: “Titles of books cannot be protected as trademarks (a clear rule); trademark protection does not accrue until the mark is used (no sales yet); both books would be “in use” on the first day (Palin cannot claim first use); “Trade dress” does not exist unless the graphics are inherently distinctive (doubtful) or well recognized (too soon); and the “Nightmare” title may even be a valid parody (a good defense). Each of these theories has a countervailing argument, but on each, the legal arguments might be a nightmare for Palin.”
I thought it was extremely clever of the editors of Going Rogue. What do you think?
I think the rouge looks good on her, plus the dark background makes her stand out, so she’ll probably be pretty happy. And, since everyone has nightmares, it probably covers stuff the other book doesn’t, which is just good for journalism and Free Speech and America and all that. The only problem is, some folks might get confused and buy the book with the zipper rather than the book with the buttons, so that could cost them some sales. And, is it just me, or do the two books kinda look alike? Has anyone else noticed that??
Comment by Wordguise — October 22, 2009 @ 9:29 am |
Those books seem similar to you, Wordguise? Interesting. How’d you do on your last ink blot test? Do you see the donkey and the elephant in the clouds?
I would LOVE to see the look on someone’s face when they settle in to read the opposite book from the one they intended to buy. They’d get my undying respect if they read it anyway and discussed it with an open mind with their peeps. As one of my facebook friends said, “Caveat emptor” and too bad for people who don’t know the difference between rouge and rogue.
Still believe the GOING ROUGE editors’ pre-emptive strike is pure marketing genius.
Comment by beckycc — October 23, 2009 @ 8:35 am |
DId you know that some loser created a book that parodies this one. It is called Going Disrespectful – An American Nightmare and it is available on lulu.com. What type of moron would defend this idiot.
Comment by ihatepalin — November 17, 2009 @ 11:47 am |
Um … the type who believes in free speech? You know, like everyone should? Founding principle of our country? Ring a bell?
Comment by beckycc — November 19, 2009 @ 8:57 am |