December 2006
“Seasoned Women” Spar over Book Title
Intellectual property disputes in the publishing world seem to be de rigeur these days and following hot on the heels of the Da Vinci drama is a US case involving two female writers both working in a similar field.
Da Vinci code publisher Random House is again at the centre of this case as the book in question, recently published “Sex and the Seasoned Woman”, is published by them. The book by author Gail Sheehy focuses on the sex lives of women over 50 and the perception of older women. In 1995 Dr Theda Palmer set up business under the brand name “Seasoned Woman” offering workshops and seminars on the subject of re addressing the way in which in women mature into old age. Following on from this work she also offered for sale related merchandise including bags, clothing and paper goods such as diaries and calendars. In September 2001 Dr Palmer obtained a US registered trade mark for “Seasoned Woman” in several classes including class 16 which covers paper goods and therefore books.
It appears that Gail Sheehy was aware of Dr Palmer, her work and the registered trade mark as Dr Palmer alleges that the two women had a telephone conversation in September 2005 regarding how Ms Sheehy might obtain the right to use the trade mark however Dr Palmer refused to comply and no further communication was entered into according to her lawyers.
Ms Sheehy has since apparently begun attempting to make further use of the “Seasoned Woman” mark including by obtaining domain registrations and may also have set up a similar seminar and workshop network to the type begun by Dr Palmer in 1997.
Dr Palmer has apparently issued proceedings against both Random House and Ms Sheehy for trade mark infringement and potentially copyright infringement.
BRIFFA Comment:
It has been suggested that Dr Palmer will be looking to claim copyright infringement also. If such a claim were to be brought in the UK in the words “Seasoned Woman” it would be a very difficult case to bring under current precedent in that the phrase is not particularly long and would be unlikely in isolation to be considered to be a literary work. However the issue of trade mark infringement is a more viable cause of action. An infringement occurs where an identical or similar mark is used for an identical or similar purpose therefore it is more likely that where “Seasoned Woman” and “Sex and the Seasoned Women” are being used for similar purposes e.g. seminars and books, that Dr Palmer may have a cause of action.
Sarah Jeffery
Sarah@briffa.com