Palin-haters to release lookalike attack book on Nov. 17
posted at 8:38 pm on October 21, 2009 by Allahpundit
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Via Gateway Pundit. November 17 is the same day her own book drops, of course. Further evidence of how obsessively the left hates her or just a bunch of lefties looking to make a quick buck by piggybacking on her buzz? Both, of course! Behold the ingenuity of capitalism:
Going Rouge is compiled by Richard Kim and Betsy Reed, two top editors of the left-leaning weekly The Nation, and includes essays by Nation regulars like Katrina vanden Heuvel, Naomi Klein, and Katha Pollitt. It’s the first release from OR Books, a fledgling outfit founded earlier this year by publishing veterans John Oakes and Colin Robinson that “embraces progressive change in politics, culture and the way we do business,” according to its website.
I realize that this anti-Palin book is a paperback and probably won’t be stocked anywhere near Palin’s hardcover memoir in bookstores, but are these jackets look too similar to be, well, fully kosher? At the very least, might some hockey-mom-loving conservatives be confused enough to pick up the wrong book? You betcha!
Good question. My memory of trademark law is rusty so the intellectual property lawyers in the audience are invited to treat this as a final-exam fact pattern in the comments. Can the entire layout of a book cover qualify as a trademark for legal purposes? Even if it can, doesn’t the subtitle “An American Nightmare” on the cover of the lefty book defeat the argument that the design is confusing? (If not, is there some sort of “parody” defense?) In the mad rush to the bookstore next month, some Palinistas are bound to grab the evil twin instead of Sarahcuda’s own book, but after a few angry returns I’m sure store managers will move to keep the two titles separate and distinct somehow. Exit question: Will the “evil twin” become a bestseller too as lefties snap up copies to try to counter her hype?
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Where is NOW? Again!/strong>
The choice of words — Going Rouge is clearly misogynistic and sexist.
Note to Ann Coulter — If there is a God, why didn’t Keith fall in the gorge? I wonder how one finds your agent.
IlikedAUH2O on October 21, 2009 at 11:22 PM
The Evil-Twin that comes out the same day as Obama’s memoir of his four years is going to be kick-ass!
LET ME BE CLEAR: IT’S NOT ABOUT ME, MYSELF, AND I
Barack H. Obama
Edited by Glenn Beck and Rush Limbaugh
Christien on October 21, 2009 at 11:27 PM
No. The “evil twin” is a pissant. But doesn’t Mrs. Palin look great on both covers?
ddrintn on October 21, 2009 at 11:31 PM
My bad, I just figured she would buy enough to get a round number.
bluemarlin on October 21, 2009 at 11:31 PM
EVERY time I have talked to a liberal about Palin, they have nothing but ad-hominem attacks, and if you ask them why, they just repeat the attacks. If you point out flaws in their argument, they COMPLETELY FLIP OUT.
EVERY single time.
I think libs were insane all along, but some of them LOOKED normal until Palin came along.
She drives them completely around the bend.
I hope she goes on another national speaking tour.
Merovign on October 21, 2009 at 11:33 PM
it must suck when the best way to get people to buy your book is to have them do it by mistake.
Ampersand on October 21, 2009 at 11:36 PM
unfreakingbelievable
Folks the lef tis AT WAR with conservatives. WE need to stop playing nice and destroy them. Make them squirm in the jiuces of their own hate, and stupidity.
ALL the LIBERALS BOOKS ARE NOW FAIR GAME> EVERY LAST FREAKING ONE.
unseen on October 21, 2009 at 11:41 PM
The right needs to make a movie titles an inconvient truth the global warming hoa
unseen on October 21, 2009 at 11:46 PM
I don’t know about the look of the book but I always wondered about using someones image on something thats not sorta open source, say like the AP.
I have a feeling this publishing company will go the way of the dodo like most things the left try to do.
Exit question answer: Do you believe lefties will spend money on anything? Maybe it’ll sell well when Obama’s big backers buy a million copies to pass out at gathers, but thats about it.
Rbastid on October 21, 2009 at 11:53 PM
NOW is so yesterday. I heard it has changed the name to Congress of Women (COW), in part to celebrate the ascension of the like of Jackson, Pelosi, Boxer and Feinstein in politics.
bayview on October 21, 2009 at 11:55 PM
reminds me of the lawsuit FEDEX had against Federal Expresso
pocha on October 21, 2009 at 11:56 PM
If I were running a bookstore, I’d avoid the Going Rouge book like the plague. The few sales I’d get wouldn’t come close to the cost in bad P.R. I’d get from having droves of angry customers who’d been duped returning the fake biographies and blaming me for the error. Only people who put their politics ahead of their businesses would carry it.
If I did carry it, I’d instruct my clerks to be sure to call the scam to each customers attention before ringing up either book.
flataffect on October 21, 2009 at 11:59 PM
Great.
Now we’re Palintards.
fogw on October 22, 2009 at 12:01 AM
I think the book idea is brilliant, personally. Right down to the font and little lightning bolt. lol
ChenZhen on October 22, 2009 at 12:08 AM
Hmmm, how many childrens does Jeri have? Is she a member of the 5CubClub?
That seems to be the key. See Sarah Plain, Michelle Bachmann, and Liz Cheney.
I likes me some Jeri Thompson though. Ole Fred picked a good one! Brains and beauty.
gary4205 on October 22, 2009 at 12:33 AM
Since the evil twin book has “Sarah Palin” on the cover a cause of action could be the misleading indication that she is the author.
scrubjay on October 22, 2009 at 1:08 AM
Pitiful. How pathetic are these people that they will piggyback on a woman they purport to hate just to generate a few (and I do mean few) bucks and a little attention. Oh well — it is the American way I suppose! I doubt it will be even an angstrom as successful as the real deal so let them have their petty little fun.
I am inclined to say this is not a trademark infringement. Might it cause confusion? Yes. But aren’t there like five or six things a court looks at to see if that confusion rises to the level of infringement? That’s a pretty big hurdle to overcome. Also, I am not convinced a book cover qualifies as a mark. I know courts have extended the rule to packaging, but still . . . I don’t know. It would be tough to prove. And even if you could, I think they could claim the parody defense, so it’s moot.
However, there could be a copyright infringement with respect to that photo. It’s different from the one on the real cover, but someone obviously owns the copyright to it. Unless they’ve gotten permission for it (and they well may have) they are infringing IMO.
NoLeftTurn on October 22, 2009 at 1:24 AM
Hmm. Maybe I should don a tight black dress and do a photo shoot in anticipation of Ann Coulter’s next book.
Yah, my wife’s nice cocktail dress…
Mojave Mark on October 22, 2009 at 1:28 AM
I think Sarah should give away a free copy of Going Rouge with each copy of Going Rogue. That way everybody could clearly see her superiority. And her fearless spirit.
Sadly, that would just give them unjustified profits. But it sure would make a statement about Sarah.
platypus on October 22, 2009 at 1:35 AM
Even as much as bookstore employees in certain parts of the country tend to lean left, let alone the folks running Barnes & Noble, customer goodwill is something they probably don’t want to squander, especially in these days of battling with Amazon.com for sales.
They might want to bury Palin’s book somewhere back near the restrooms or the kiddie book section, but with the huge advance orders on Amazon, they can’t afford to do that, nor can they showcase both books in the same way, since that would come across as a deliberate deception (unless someone at the home office wants to try and say that they expect The Nation’s hit piece to gin up the same type of sales as Palin’s book, in which case they’re going to have a ton of the damn things in the 50 percent off close-out section by Christmas).
So this is more of a Dick Tuck-like prank to try and annoy the Palin people and conservatives, and odds are they’re actually hoping for some sort of lawsuit in order to keep the PR campaign going. The Palin camp would be better off at most just firing off a note about the cover similarity and letting it go at that, instead of giving the people behind it the publicity they want.
jon1979 on October 22, 2009 at 1:41 AM
How in the world can that NOT be considered a derivative work, with the intent to dilute sales?! How can that not be directly actionable?!
Axeman on October 22, 2009 at 2:31 AM
Nine months into their party controling everything and the wheels are falling off the bus so they need to go and attack the VP cadidate that they beat in the election? Does anyone remember anyone talking about Geraldine Ferraro even two days after she and Mondale lost?
Liberals are really pathetic in their hatred of this woman.
Scrappy on October 22, 2009 at 2:33 AM
I completely agree, Jimmy. I’ve posted about this before. How I believe the United States will be destroyed by Antichrist during the 7 Year Tribulation Period. Then this “New World Order” that we’ve been hearing about will be finally be established. See here for more.
apacalyps on October 22, 2009 at 2:40 AM
It sounds like more of an attempt to dilute her numbers.
Actually it is brilliant. I wonder how many copies of “Harry’s potter” I could sell.
TheSitRep on October 22, 2009 at 4:27 AM
She is really pretty. That always gets the ugly liberal woman really pissed off.
Frances on October 22, 2009 at 5:34 AM
I’m just glad I have already have mine on order. :o)
IowaWoman on October 22, 2009 at 5:52 AM
MORE FALSE LEFT RIGHT WWE-STYLE TACTICS! PASS!
BobAnthony on October 22, 2009 at 5:56 AM
This is a perfect example of what Beck was saying yesterday.
Since these “progressives” can’t muster any factual or rational arguments, they resort to their weapons of choice – smears and dirty tricks.
How comforting it must be to base your art in trickery and deception.
PaddyJ on October 22, 2009 at 6:06 AM
fear.
DanaSmiles on October 22, 2009 at 6:14 AM
It would seem to me, that this is just more publicity for Palin and her book. The idiots should just leave the lady alone.
Terrye on October 22, 2009 at 6:55 AM
Buy it and return it and screw the places selling the book.
- The Cat
MirCat on October 22, 2009 at 7:12 AM
I am buying copies of the real book to use as Christmas presents.
I will continue to support Palin with money and do volunteer work for her campaign in Florida.
jarhead0311 on October 22, 2009 at 7:21 AM
I love the smell of fear coming from crazy liberals! Who is going to waste money on that book? lol
becki51758 on October 22, 2009 at 7:28 AM
Someone should create a fake version of The Nation magazine, filled with Reaganesque commentary, and reviews of classic books like, “The Road to Serfdom”.
Buy Danish on October 22, 2009 at 7:42 AM
Are they still giving away that idiot woman’s book on Amazon?
simplesimon on October 22, 2009 at 7:51 AM
These left wing dipsticks have the intellect of snails with IQs less than the sum of their digits. They can best be described as immature, vile pond scum.
rplat on October 22, 2009 at 8:18 AM
rplat on October 22, 2009 at 8:18 AM
They give vile pond scum a bad name.
kingsjester on October 22, 2009 at 8:21 AM
It will be stopped if she wants to…sorry but trademark laws are very specific.
You can’t come out with a tape that says 4m, or a tissue that is a Cleanex, or Kleenes…phonetically close sounding names are not accepted, let alone pictures.
I have been through this and sued companies for an attempt to replicate, or ride the coattails of an already established product.
Now can they find a judge not to withhold the law, sure, but it would be difficult.
Trademarks are gold, and very well protected, especially in the same category…if this was an advertisement for beauty products, maybe…no way will the book cover fly and they know it.
right2bright on October 22, 2009 at 8:24 AM
We need to “get in thier faces”, right Barry?
marklmail on October 22, 2009 at 8:25 AM
Number 1 on Amazon, Borders, everywhere that “idiot” goes she is number 1…as opposed to you being a number 2.
And when she is on Oprah, Oprah will have the highest rated show she has ever had…
Keep posting, every post a maniac obsessed liberal makes about someone they know nothing about, pleases us conservatives….keep posting you are F’in brilliant.
right2bright on October 22, 2009 at 8:27 AM
A better exit question: Did the publishers of the evil twin file an environmental impact statement to account for the number of trees needlessly sacrificed for their hissy fit?
ya2daup on October 22, 2009 at 8:29 AM
While I am not sure that Sarah has the chops to be President, I must admit I am infatuated with her political and social positions. This powerful, sensible, woman seems to have the libs panties in a knot. Does that mean libs prefer women to be weak, dumb, and in their place?
Good luck to Sarah and her book. Full snark to the copycats.
riverrat10k on October 22, 2009 at 8:29 AM
Nothing more threatening to a liberal then a put together, successful, powerful, mother…Bachmann, Palin, Cheney, all targets, all great mom’s (each have at least 4 children), all successful, the embodiment of female success.
right2bright on October 22, 2009 at 8:31 AM
Just a thought, and I bet somebody way earlier said it, but…
Regarding trademark / copyright infringement, Allah, that was my first thought exactly. It wasn’t regarding the cover generally, though, as much of an issue as that could be as well. My issue is their usage of “Going Rogue,” adjacent to “Sarah Palin,” i.e. what I think is the most distinctive part of the marketing of her book out there. Not only do they use them; they pair them in enormous font. That is the real deception in play as anyone who buys this book by mistake will have been drawn to it *that* way and will not have even seen “An American Nightmare” or wondered why Sarah was backdropped by thunderstorms.
flutejpl on October 22, 2009 at 8:32 AM
I’m looking forward to seeing a GIANT stack of these in the bargain books section.
rollthedice on October 22, 2009 at 8:34 AM
These kinds of attacks are strong indications you’re doing something right.
He who speaks lies will not go unpunished.
ted c on October 22, 2009 at 8:34 AM
Actually I think AP wrote the “evil twin” book.
Note to AP: You need to recuse yourself from Palin articles. Your Palin derangement syndrome has reached delusional proportions.
TwinkietheKid on October 22, 2009 at 8:35 AM
If that isn’t copyright infringement, then nothing is.
The scum behind this probably want her to bring the lawsuit, and then they’ll just cease and desist, and then promote their book under another title while enjoying all the benefits of the MSM’s covering of the whole episode…
…typical losers in the liberal mold.
Saltysam on October 22, 2009 at 8:38 AM
This can work both ways.
Imagine the next book brought out by liberals getting this treatment. Could be fun.
albill on October 22, 2009 at 8:47 AM
Conservatives don’t have the time for this…we need to rebuild what the liberals have destroyed…let them play games.
right2bright on October 22, 2009 at 8:49 AM
Once again you are on point…they know it will be fought.
right2bright on October 22, 2009 at 8:50 AM
They must think Conservatives are as stupid as Liberals.
CrazyFool on October 22, 2009 at 9:05 AM
Here, Simpleton, read portions of this post again. It applies to you.
Why in world would you post such an idiotic statement after that? Did you feel you needed to give validity to it? Why offer yourself up as proof?
Nevermind . Now that I think about it, these questions are pretty stupid in themselves so I apologize. They’re like asking an inmate at an asylum why he’s insane. Unless he’s taking his meds, the only answer you’ll get is, “I’m not insane! You are for not seeing the brain-eating Palin dolls walking on the ceiling! Why is everyone laughing at me?”
Sorry I wasted our time. You’ve definitely been off your meds for a long time.
Rod on October 22, 2009 at 9:11 AM
Yes. And interesting how the Left likes capitalism, as long as it is their pockets that are being filled.
No.
rbj on October 22, 2009 at 9:12 AM
Depends – how many copies will Allahpundit and the anti-Palin crowd run out and buy?
Of course the weinies at DU are already whinning about how much ramen noodles they had to eat to get Obama’s sorry a$$ elected – will they eat more just to snark at Palin?
katiejane on October 22, 2009 at 9:12 AM
funny thing about the anti-palin book is that sarah palin actually still looks great on it. she’s bright, she’s happy, whenever the left tries to marginalize her, she somehow always looks like she’s got it together.
bombos on October 22, 2009 at 9:19 AM
This does not surprise me as to how far the left will go after I hear yesterday that cnn actually interviewed the hoax-starter of the chamber of commerce fiasco!
If it is a lie,great let’s report that,it’s more fun and we’re bound to bring in more viewers:)
ohiobabe on October 22, 2009 at 9:33 AM
Allahpundit-
Assuming HotAir retains a copyright on all material published by the site, you have a case to bring against this phony book, because “GOING ROUGE” was proposed as a book and title right here in the comments section of HotAir immediately after Palin’s title was announced (by me).
It was as a suggested book and title for a work about Michelle Obama’s parallel carewer track to Palin (tongue-semi-in-cheek).
If I were Hot Air’s legalistas I would harrangue the “Going Rouge” book sellers with a cease and desist order until the title theft were cleared up.
Technically, this could at least stop the anti-Palin book from a same day release.
And that would derail their best attempt at mooching cum copyright infringement.
Go for it!
profitsbeard on October 22, 2009 at 9:47 AM
Predictable facile ridicule of the cover…and predicted. Ahem.
curved space on October 22, 2009 at 9:57 AM
It would have to be proved that they saw your post, and purposely copied it.
And everything posted on HotAir is public information, however anything written by them (HotAir) is automatically copyrighted. The layout, posts from ED and Allah, and probably the Green Room…however the individual posts are public and are not covered by copyright, except if used in general to copy the HotAir format.
right2bright on October 22, 2009 at 10:08 AM
It has to be copyright actionble, in tha the name and title is meant to mislead and play off her marketing. It just goes to show the hate that these people have for Sarah Palin, the only good thing is that even some of my leftie friends are starting to agree that the left in America is completely deranged…
TrueBrit on October 22, 2009 at 10:11 AM
She can smell fear from Alaska.
CDeb on October 22, 2009 at 10:11 AM
It never ceases to amaze me how petty “progressives” are. They can’t counter her with a sound argument or release a book dealing with the same themes to provide a counter argument, they have to trick people into buying a “fake” book. How is it they think this tactic will work? It is just going to piss people off and further marginalize themselves and those who agree with them. It will have the opposite effect for Palin.
drocity on October 22, 2009 at 10:35 AM
It appears to me that someone is begging to be sued for passing off, trade dress infringement, and general unfair competition/deceptive trade practices.
TodoDerecho on October 22, 2009 at 10:53 AM
The key isn’t the deceptive cover- which is very much an attempt to deceive, without a doubt.
The key (at least in the brick & mortar sense) will be the positioning of each of the books. Up front & center in the “hot zone” as so many retailers call it? Will the Bizzaro version share shelf space with the genuine article?
Matter of fact, this whole attempt to deceive on the part of the “Nation” resembles the Bizzaro Superman in a very tight fashion, down to the color scheme.
I’d put together a poster concerning this point, but I have to work today.
Watch the positioning. If the farce is placed anywhere NEAR the genuine article, it will garner a ton of attention due simply to where it is in the store, rather than what it portends to contain.
Let’s see too if in the click & mortar world, Amazon & B&N place them next to each other as a mutated (Bizzaro) “Point/Counter-Point.”
Sorry for the book.
ChipDWood on October 22, 2009 at 11:00 AM
Rouge-Rogue I dunno how successful this strategy will be for them. How many dyslexic Palin fans are there?
Lily on October 22, 2009 at 11:02 AM
Good, no such thing as bad publicity.
Sarah Palin/Liz Cheney 2012 (either order)
Knott Buyinit on October 22, 2009 at 11:09 AM
Even if the Left did fear Palin the most(which they don’t, they like making fun of any Republican who they think combines the traits of being dumb and being religious), that doesn’t mean they are right. They also thought Rathergate was unjust and that Karl Rove was 24 business hours from being arrested. They are morons.
Speedwagon82 on October 22, 2009 at 11:17 AM
I think on November 17 I am going to go to all my local bookstores and put a slip a paper inside all the copies of the evil twin that says, “Congratulations! You have gotten ripped-off by by the Palin-hating left! Please return this copy to the book store for a refund you can use to purchase the REAL Palin memoir, “Going Rogue”.
SouperConservative on October 22, 2009 at 11:17 AM
Probably, but…
Start the suit, press to delay the publication, get the free publicity, and, even if you lose, you have made the point to a bigger audience.
And possibly stuck a stick in their little red tricycle’s spokes.
profitsbeard on October 22, 2009 at 11:22 AM
What vicious little children. But we knew that.
rrpjr on October 22, 2009 at 12:05 PM
Just goes to show the left are so stupid that the only way they can sell a book is to imitate someone that has brains.
They are laughable in their attempts to actually get someone to read their books, first they have to get a base that can read(progressive schools don’t teach that anymore) and then to understand the words they are reading, lefty books have to have F##@@**, and such words are all they understand. Pathetic bunch of losers.
concernedsenior on October 22, 2009 at 12:10 PM
Back at ya, Libs:
Palin Envy
The Zoo Keeper on October 22, 2009 at 12:15 PM
At approximately $9.00 a copy Governor Palin’s book will likely be a popular Christmas gift.
SheetAnchor on October 22, 2009 at 12:47 PM
If this is not copyright infringement, nothing is.
Aristotle on October 22, 2009 at 12:50 PM
Imitating the cover is fine but needs to clearly be labeled “SATIRE” or Palin’s lawyers will be able to quash it. Otherwise, it’s infringement and fraud.
After her RNC speech, the female vote swung 22 points to McP/Palin, and the “lines crossed” for the first time in the race, with McC taking the lead for the first time. She is a threat; that is why they are Quayling her.
wordwarp on October 22, 2009 at 1:08 PM
It’s a pretty straight up passing off/trade dress problem. The bad guys will raise a parody defense, probably, but they’ll lose on that. This isn’t parody; it’s a near dead knockoff. Parody is about jest; this isn’t.
The only question is a strategic one of whether Sarah wants to give these idjits any more publicity by suing them. She’d have a pretty good shot at an injunction against that cover, at least. I suspect her lawyers are looking at this right now.
Pavel on October 22, 2009 at 1:11 PM
I think we should go into the stores, ie B&N, Borders, ect, and note what is on prominent display. Then go back when Palin’s book is on sale and note it’s placement. If it’s not in front–I am going to LOUDLY present my facts–and I can talk really loud…
lovingmyUSA on October 22, 2009 at 1:14 PM
He hasn’t been able to find the proper dose to stop the twitching…
lovingmyUSA on October 22, 2009 at 1:18 PM
I am not a lawyers so I am probably wrong. Does this qualify as Trade Dress Infringement?
thmsmgnm on October 22, 2009 at 1:35 PM
They should have called it “Going Ruse”
Question: is the lib book a humor book? Is it a parody or is it a collection of negative counterarguments? Because that parody thing isn’t THAT big of an umbrella. If the book isn’t a cheeky, witty satire of her book they’re going to have a hard time claiming parody.
It still astonishes me that Liberals would think this is the greatest, funniest thing ever – and then piss themselves if the Mullahs tell them not to reprint cartoons.
ace tomato on October 22, 2009 at 1:47 PM
This just confirms who they really really fear……..and it ain’t Huckleberry.
I want to see how Palin stands on the issues….period!!!
I hopes she’s Reagan in a dress…..but without someone like Bush 41 tagging along like he did in 1980!!
PappyD61 on October 22, 2009 at 7:53 PM
300,000 copies in one day—incredible!
Any word on how the lefty “alternative” Going Rouge is doing? It’s not even available on Amazon; you have to go to the “start-up” publisher’s website to buy it. Heh. Morons.
IrishEi on November 19, 2009 at 7:50 PM
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