Does "Parentlode" seem similar enough to "Motherlode" to be the subject of a trademark-rights lawsuit? Time will tell. On Friday, THE NEW YORK TIMES, after previously sending a cease-and-desist notice to Huffington Post, filed a lawsuit.
As PORTFOLIO reports, the NYT contends that Huffington Post's new blog "Parentlode" confuses readers of the NYT's blog "Motherlode" into believing that the two are associated. What complicates matters is the former blogger for the NYT's site Lisa Belkin defected to Huffington Post. Belkin is the blogger for "Parentlode."
If this lawsuit is found to have merit, it will raise new issues such as if the blogger constitutes the brand identity. If that is the situation, then can the blogger simply up and quit and move on to a site which is so similar, therefore carrying the brand identity along?
If the blogger does create and constitute the brand, then contracts between writers and the media have to configured for the new realities.