Response from TheCoveted [dot] com : Don’t talk about us or we’ll sue

by jennine on January 27, 2011

***UPDATE: This matter has been resolved 2/1/2011. Please read the resolution here.***

Last Friday, I was diligently working on Evolving Influence, when I started noticing tweets about the launch of a highly anticipated new blog called The Coveted. Honestly, it felt like a trip to the Twilight Zone, because The Coveted has been here for almost four years. When I clicked on the link, it was to a post on Refinery29, and what’s more, The Coveted wasn’t  The Coveted at all.

Privately, I was devastated. Angry. Disheartened. Deflated. The only thing that kept me from losing it was the outcry from my fellow bloggers. Without my readers, the blogging community and my most of all my friends, I honestly don’t know what would have happened. I wasn’t sure what to say, except “I’m disheartened about this. But I gotta keep focusing on the work I’m doing.
I was about to let it go, until Monday when I got an email in my mailbox with “Welcome to The Coveted” in the subject line. Not only did they know of my blog, they subscribed me to their mailing list without my permission. With the outpour of emails I received asking if this was my project, and the anger from the bloggers, I was left with but one choice.

Thanks to a recommendation, I went to Quinn Heraty who specializes in trademark law. Ms. Heraty and I decided the first course of action was to send  Erin Kleinberg, Stephanie Mark, and Jake Rosenberg of  thecoveted.com a Cease and Desist letter so we could find solution amicably. Here is the letter we sent:

[letter from my lawyer]

To our letter offering to find a amicable solution, their response is this:


[letter from their lawyer]

Basically, they responded by saying if I don’t stop taking about this, they will sue me.

•••

Update: Rachel at The Greyest Ghost started a petition:
If you were in fact confused by the appearance of thecoveted.com and were unable to distinguish it from the-coveted.com without further research, or clarification from Ms. Jacob herself, please sign this petition in a show of support.”

Support The Original Coveted: Sign the petition here

•••

Wendy Brandes & Annie Spandex have decided to raise money for legal fees.

•••

I want to say thank you to everyone who supported me behind the scenes. You know who you are. Also, thanks to everyone who posted about the whole debacle. Here is a list of the posts I am aware of, if one is missed, or if you come write a new one, do let me know and Ill add you to this list.

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{ 211 comments }

Sara January 30, 2011 at 8:46 am
Pearl Westwood January 30, 2011 at 8:46 am

I signed as soon as I heard about it, all I can say is that I cannot see anyone wanting to visit their site through this behavior, when all they had to do was change the domain – simple for a new site!
Good Luck fighting this xx

Grit & Glamour January 30, 2011 at 9:49 am

Hey, look at that! I’m on your list. Thanks, Jennine. I’m just sorry that it’s your situation that is teaching us everything we never knew about trademark law.

••V••
http://www.gritandglamour.com
@gritandglamour

Danielle January 30, 2011 at 10:21 am

I got that email too and was confused by it. This is all very shocking. I am adding my name to the petition right now.

Amber/LDN TEENAGE FASHIONISTA January 30, 2011 at 10:49 am

Hey Jennine,

I am really sorry about all of this stress these nasty people have put you under, and want you to know I and all of the fashionista’s are fully behind you!

Feel free to contact me to let me know how I can help – you helped me get my blog noticed through IFB and I am willing to return the favour,

Lots of Love,

Amber xx

Helen January 30, 2011 at 11:42 am

I just wanted to say that i hope that this issue will resolve itself and justice will prevail. I’ve been a frequent visitor to your site and thoroughly enjoy it. Many of us are keeping a close eye on the situation and its outcome. I do wish you the best in this matter but there is just one issue with the publication of the legal documents. I was surprised that you didn’t eliminate Ms. Kleinberg’s contact information. I just hope that there will not be any “misguided” individual that feels the need to contact Ms. Kleinberg. It would be a terrific idea (albeit a little late) to block off the opposing number and address. Just a thought.

Claire January 30, 2011 at 1:31 pm

I have signed your petition.

Do try to concentrate on the fact that they have made your title literal, thereby cementing your claim to it? Have a bit of a laugh.

safra January 30, 2011 at 1:32 pm

What can i say? this is huge.

Megan January 30, 2011 at 6:32 pm

So Sorry this is happening to you!! Am signing petition right away!! I wish you all the best!
-Megan

Honeybeflyy January 31, 2011 at 1:21 am

Janine,
I’m so sorry you had to go through this. The best of luck to you and your team in successfully resolving the issues. I’ve written about the incidents here: http://hauteoffthepress.wordpress.com/2011/01/30/when-fashion-and-the-law-collide-industry-v-indie-bloggers/

V January 31, 2011 at 2:15 am

Hi Jennine, I’m so sorry that this is happening to you. What a headache! I’m a Canadian fan of your site and I know you have many fans north of the border ;) It’s possible that the rude comments you have been getting from Canadians are friends with the other site’s owners (I think the other site is Canadian, no?) I am glad you have received so much support and know that you will continue to be supported :)

Budget Chic January 31, 2011 at 3:04 am

Sorry to hear about your problems. First time visiting your blog. This happened to a friend of mine two years ago right after her blog was mentioned in People Style Magazine. This is exactly why you have to buy up every possible combination of your blog name once your blog has become established, because some people are just opportunist! Glad you are calling them out for it.

QueenGilda January 31, 2011 at 7:15 am

i finally had time to see this. WHAT THE…… i feel SO angry for you.

they are nincompoops and we love you jennine!

jane January 31, 2011 at 8:51 am

I will support you no matter what, I’m just about to sign the petition and retwitt it. French bloggers are with you, Jenine, keep up the good work !

classiq January 31, 2011 at 9:40 am

I’m sorry this is happening to you. Best of luck in solving this issue!

Emily January 31, 2011 at 9:54 am

Jennine, I can’t believe I haven’t read this sooner. I don’t know what to say – this is such a ludicrous situation that the other site have created. I am off to sign the petition now and really hope that this is resolved quickly and in a manner which is in your favour. Good luck :) xx

Klara January 31, 2011 at 1:01 pm

I support you to 100 % in this matter! Who do they think the are?!?

Erin January 31, 2011 at 1:30 pm

Wow. Jerks! Good luck, J. I’ve added my signature.

Kelly February 1, 2011 at 3:56 am

It would be absolutely impossible for anyone creating any sort of fashion website today NOT to know about The Coveted unless they had just emerged from living underground for three years. It’s downright dirty to try and piggyback off someone else’s notoriety by using their name directly. It just goes to show that devious people unfortunately still exist and legally speaking, you can never be too protected.

Good luck!

Veshoevius February 1, 2011 at 9:10 am

Petition signed! Keep fighting! I hope with all my heart that you win this!

diya February 2, 2011 at 1:28 pm

I wrote on refinery29 the day of questioning how smart a move this is (or maybe it IS actually a publicity stunt?? of bloggers vs the “fashion insiders”) the day that this site was launched. I’m signing the petition now! I’m excited to see you speak at the Texas Style Council event :)

Kionon February 4, 2011 at 9:13 pm

I have added my name to the petition. How awful, and after everything you have done for the community!

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