Game redeployment

The other day I posted a link to this game under the subject line:

“Real Dogs Don’t Eat Kibble” and continued “but it’s a cute game anyway.”

funny pictures
see more dog and puppy pictures

I didn’t think that my subject line was terribly original: it was just a tongue-in-cheek play on “Real Men Don’t Eat Quiche”.

Not long after posting it, I received an e-mail from Sandra Bailey who has the website  TheNaturallyHealthyDog.com.  She informed me that she holds a trademark on “Real Dogs Don’t Eat Kibble” and asked that I cease using the expression except when referring to her book of the same name.  I wrote a quick note back, explaining that I feed raw and that I had no idea that the phrase was trademarked (or even trademarkable if that’s a word) and asked if I could link to her book.  I went ahead and deleted the post pending further research.

I understand copyright law, as we use it ourselves for our software products as well as the websites and photos.  I am not quite so up on Trademark law.  The first thing I did was to visit the US Patent and Trademark website and did a search on “Real Dogs Don’t Eat Kibble”.  Nothing came up.

On the order page for Sandra’s books she does have the symbol next to the title of that book, though not the ®symbol.  Wiki, the source of all knowledge correct or not, tells me that the symbol is for trademarks not yet registered.  It appears from my reading that there is little that courts will do to protect unregistered trademarks.  As I am not selling any product, I cannot see what harm would have come to Sandra’s commercial endeavor due to my use of the phrase.  I also have doubts that the phrase is unique enough to be granted a registration: if I came up with it so easily off the top of my head, I’m sure that others have as well.

But that said, I certainly mean no harm to any proponent of raw-feeding for dogs.  I haven’t yet read Sandra’s book, but here’s a plug for it anyway.  Anyone who has read it, feel free to add a book-review comment.

Sandra also has a couple of YouTube videos including “Real Puppies Don’t Eat Kibble” (Hurray for puppies eating chicken legs).

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