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Mommy Blogger Claims Bullying By Mommy Blog
Mamalogues Blog Claims Momologue.com Infringing On Trademark
POSTED: 3:59 pm PDT April 22,
2008
UPDATED: 12:14 pm PDT April 23,
2008
FRESNO, Calif. -- Fresno mommy-blogger Genevieve Hinson said a recent cease-and-desist letter from St. Louis blogger, Dana Loesch, wrongly claims infringement over blog territory.According to Hinson, author of Momologue.com, she’s being bullied by Loesch’s lawyers to give up her DNS and domain name, cease all related blogging, refrain from using momologue and any variation of it online and pay $2,500 in court fees.While cyberbullying is often referred to when minors embarrass or attack other minors online, Hinson said, “It does feel like a case of cyberbullying if I don’t give them what they’re asking for.”
StopCyberBullying.org says that once adults become involved in an online dispute it isn’t cyberbullying, but cyberstalking or cyber-harassment. But Hinson said, “It’s exactly what it sounds like, being bullied.”Hinson began blogging in late 2004. She said there are a lot of parents blogging, including parents of special needs children. “It’s a huge community on the Internet,” she said. She has written many blog articles on autism-related topics and is currently hosting guest writers on the subject as well.When asked if she thought she was infringing on Mamalogues.com, Hinson said the use of such a term such as momologue is common. It’s even listed in UrbanDictionary.com. “With as common as the word momologue is, I don’t think I’m infringing on her in any way. My one blog is not diluting her trademark because it’s (name) so widely used everywhere…they’re using it in everyday language.”Hinson also claims both her and Loesch have different writing styles, saying Loesch is edgier and claims to be a neurotic Erma Bombeck in style, not as essayist in form.Loesch’s lawyers have contacted at least one other mommy blog site and made similar demands, including MomLogic.com which is based in Burbank, Calif. Though ABC23 spoke with MomLogic.com, they declined to comment on the record.Loesch said she settled amicably with MomLogic.com for using the phrase "mamalogue" though she did not specify how the term may have been used. While ABC23 attempted to contact Loesh via her Web site, Loesch claimed on Twitter.com that she was not contacted prior to the article being published.Hinson said she received two messages via the social networking site, Twitter.com that Loesch claimed to have sent her. Hinson said she added Mamalogues as a Twitter friend, which she said is what likely made Loesch aware of Hinson's site. Hinson said Loesch likely wasn't using the site Twitter.com correctly to receive messages back because of how the site is set up regarding site 'followers'. Hinson said without clicking on the 'follow' button on her Twitter profile, the messages likely didn't get through.No emails were received from Loesch, Hinson claimed, just the cease-and-desist letter."I am bawling my eyes out. I cannot believe I'm being attacked and bullied for standing up for myself and protecting my rights," Loesch wrote on Twitter.com after the initial postiing of this article. In an article on Mamalogues.com, Loesch claims about her alleged bullying of Momologue.com, that "any stone left unturned can weaken the ability of a mark to distinguish a person's goods and services."While Hinson said she can understand wanting to protect a trademark, she added “I’ve been blogging here for three years. And I feel like it’s my Internet home. To me it feels like someone is trying to come in and evict me. And not only take my house, but take the car and the furniture. And then make me pay them on top of that in order to do it. It’s not a great feeling.”Hinson's blog is on the ABC23 blog page, which you can get to by clicking on the "local" section.
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