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Filing for federal trademark protection likely would have made things easier for Jennine, but if she’s acting on defending her trademark – which, from the lawyers interviewed for this story, is hers under common law – then this isn’t over. Brand owners have a responsibility to challenge infringement, so challenging their use would likely show that the brand is active and not up for grabs. If she stopped blogging and using the name 2 years ago, it might be a different story. Also, the fact that the domain sat dormant for a number of years counts for something. If someone owned face-book.com before Facebook came into existence, but parked the domain and didn’t develop it, the award of a trademark for Facebook would likely go to the person who used the name in commerce first.

Mashable’s Pete Cashmore originally linked the Mashable account to his own Facebook and twitter account, so while it may not be best practice, it’s not unheard of for bloggers in any field to link to personal profiles. On the other side, it’s a bit sloppy for the people at thecoveted.com to have not done a search for the name to see what competitors were out there. Jennine’s site is the first result for “the Coveted” so it’s not like it would have taken serious detective work to see that there was another fashion site with the same name.

I filed trademark–it only cost $375–(and have been awarded it), had my lawyer send a cease and desist, but was blown off as “merely a blogger.”

After about 7 months of back and forth and making the case clear for trademark infringement, they changed their name. If they hadn’t, my plan was to file a TRO and take them to court.

I hope this all works out for Jennine. I, too, was confused when I came across the new blog.

Great coverage–and hopefully more people will help bring this issue to light. Maybe Kleinberg and Marks will change their name.