The Exicitement builds............

[rainy_lilac]

Original Yahoo! HPFG Header:
No: HPFGUIDX C3396
From: rainy_lilac
Subject: Re: The Exicitement builds............
Reply To: [Yahoo! #3391] Re: The Exicitement builds............
Date: 7/5/00 7:01 pm  (ET)

>>>>>>>I read the transcript of CNN's Burden proof (link is listed in
an earlier
 post) and although NS didn't say a lot (left it all to her lawyer)
 she did
 say that her book was printed/distributed mainly in New England and in
 some book fairs in Germany. >>>>>>

She claims this, and yet her books are not registered with the Library
of Congress, nor are they found in Books-in-Print-- this is becasue the
books were self-published, that is "vanity" published. "Distributed"
can mean just about anything-- distributed by whom? All evidence seems
to suggest that she is her own distributor. Nobody here has been able
to track down any copy of her books-- and we have tried.


>>>>>>>She also reported that she has a common
 law trademark of the word "Muggles" and is in the process of getting a
 federal trademark. Also reported that this is the 3rd time she has had to
 sue over the word.>>>>>>>>>

She is sueing left and right apparently, and where the word is being
used as a trademark to sell a product, she may have a case. Rowling
is not using the word "muggles" as a trademark: she is using it as a
word. In order to claim infringment, NS would have to demonstrate that her
trademark was so well known that Rowling had to have been capitalizing it,
and that Rowling use of the word resembled hers closely and capitalized
on her trademark. No such thing has been proven. It is patently absurd.

 >>>>>>>>>Another point that was brought up was that JKR could have been
 exposed to NS's work while she was in the US on a work-study
 program or in Germany where these book fairs were held.>>>>>>

These are unsupported claims. Rowling never took part in a Work Study
program in the United States, and although she "could have" gone to
the trade fair, there is no evidence to suggest that she actually did,
nor has anyone suggested any good reason why she WOULD have. In 1987,
Rowling was about 19 years old and in college-- why would she have been
at a trade fair????


I could go on.....