Salty Pumpkin Heartbreak
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| A Heartbroken Pumpkin |
It took years for me to find a name that fit my vision. The first few pages of results and domain name searches showed nothing including a US trademark search. Nobody was promoting salty pumpkin. The domain name was available. All that was years go. Since then, Salty Pumpkin gains exposure through my effort with no other competition.
Number One. When naming a business, a blog, a website, a book is to research if that name is already in the public being used and promoted by somebody.
If you aren't wealthy enough to buy the trademark, then it appears anyone with the money can swoop in. Copyright doesn't cover names. You need a trademark.
It is about who has the money. I don't. What I do have are dreams. Dreams that someday I will use salty pumpkin as my brand name.
Is salty pumpkin being used by others despite clearly being used in the public here for years fair? It doesn't feel fair to me. I understand the present laws aren't in place to protect blogger type folks. It is worth the effort, I believe, to advocate for blogger protections in place for names.
I have posted this before...
Adding, if you have dreams of branding a name, then before you make it public...
Register the US Trademark!
Will I continue here as Salty Pumpkin Studio? I believe I have the right to.
I neither know, nor am I going to pretend to understand, the legal implications behind using a particular name. One of my main online handles personally is rustic pumpkin. What I do remember is when 20th Century Fox suddenly found their domain had been bought by a particularly astute person out to make money from selling the name back to them. I've never been, but they called his bluff and just became 20th Century Film {I think}
ReplyDeleteDebbie,
ReplyDeleteThe domain name, Rustic Pumpkin, is for sale at over $2000.00 US dollars. Mind you, I believe pricing is speculative, based on the factors of what makes a good domain name. You pay for the service of a registered domain host to hold the name for you. There are people that buy words, names on speculation.
There are laws about buying a company's name or a person's name when it isn't you. Cybersquating is complicated. Not everyone is up to date on domain name laws.
Your blog name is what drew me to your blog, and the little orange pumpkin with the long stem. I really like the name of your blog. I hope you continue to use it, but if not, I'll still follow along. : )
ReplyDelete~Sheri
Informative post and lovely pumpkin photo ~ Xo
ReplyDeleteWishing you good health, laughter and love in your days,
A ShutterBug Explores,
aka(A Creative Harbor)
Sheri,
ReplyDeleteI have no plan to stop using the name. It will take a few days to decide what direction to take.
Carol,
I believe there will be laws to protect bloggers, especially with so many podcasters nowadays. Taking advantage by capitalizing on the work of others is wrong.
Maywyn I was not aware of all the legalities that go with a domain name. I hope everything works out for you. I really love the name of your blog. Hugs!
ReplyDeleteI will follow your blog under any name but I love the SPS!
ReplyDeleteDebbie,
ReplyDeleteThank you. The feeling of others grabbing onto one's shine is depressing.
Hugs
Marie,
Thank you.
Feeling unsorted about the situation, I'm trying to think of a way not feeling defeated. A good walk tomorrow will help.
I love your blog name - it's whimsical and unique, like you. I know very little of domain names and registering blog titles. I say carry on with your name!
ReplyDeleteLorrie,
ReplyDeleteThis name stays.
Out of all using the salty pumpkin name in some way, I am the one by far supporting it the most.
Since my name (for one of my blogs0 is the same as an old TV show, I guess I have no legitimate leg to stand on.
ReplyDeleteTabor,
ReplyDeleteI don't think of that show when reading your blog's name.
Interesting discussion and something I hadn't previously given much thought to. Led me to 'doing a google' on my blog name and it looks like I'm the only one, but perhaps a further delve will yield a different result.
ReplyDeleteMaryanne,
ReplyDeleteUse other words with your name like blog, shop, book, fashion.
Consider...Google Names is a good domain host.
I know a little teeny bit about this stuff, since back in 2008 I started an online business and blog. I registered my business name locally, bought a domain name and started my Etsy shop with that name. I did some research of names and nothing was the same as the one I chose. Now I'm just not interested in selling online (at present). My current blog name is the same as another -I think it's a garden site-not sure-, but there's no conflict there and I intend to keep using Feather Garden. My URL is connected with blogspot, their's isn't. My blog is so insignificant-they have no worries! I hope you can feel confident to just keep using the name you chose.
ReplyDeleteDebra,
ReplyDeleteThank you for the insight.
Stopping anyone from using the words salty pumpkin I think would be futile as salty pumpkin seed recipes are so very numerous.
In a business name, similar to my blog, I feel is not fair. Over the Internet years, ID names I used were taken up by others, some used the word in a business title. Not cool, but not worth pursuing. I didn't use it for a business name.
Copyright would be the easiest protection for blog and website names. Time to write congress persons to address the issue.
Maywyn-I forgot to mention that my business name was Monnie Bean folk art-not Feather Garden. This blog is very new compared to my business blog. I would always choose a business name very carefully and make sure it was unique.
ReplyDeleteDebra,
ReplyDeleteI remember Monnie Bean Folk Art. Named after a grandmother? It is a perfect name for folk art.
Sounds complicated.
ReplyDeleteWilliam,
ReplyDeleteThe saddest part is that it shouldn't be complicated. Over 10 years blogging has been popular. Yet protection of our blog names is zero unless trademarked is ridiculous. That's a huge fail on government.