My latest Guardian column is “Trademarks: the good, the bad and the ugly,” and it looks at why trademark, at its best, does something vital — but how trademark can be abused to steal common words from our language and turn them into a twisted kind of pseudo-property.

Trademark lawyers have convinced their clients that they must pay to send a threatening notice to everyone who uses a trademark without permission, even where there is no chance of confusion. They send letters by the lorryload to journalists, website operators, signmakers, schools, dictionary publishers – anyone who might use their marks in a way that weakens the association in the public mind. But weakening an association is not illegal, despite the expansion of doctrines such as “dilution” and “naked licensing.”

When called out on policing our language, trademark holders and their lawyers usually shrug their shoulders and say, “Nothing to do with us.

The law requires us to threaten you, or we lose our association, and thus our mark.” This is a very perverse way of understanding trademark.

The law is there to protect the public interest, and the public interest isn’t undermined by the strength or weakness of an association with a specific word or mark with a specific company. The public interest extends to preventing fraud, and trademark uses the motivation of protecting profits to incentivise firms to uphold the public interest.

Trademarks: the good, the bad and the ugly

The 2013 Prix Aurora Award ballot has been announced, and I’m delighted to see that my novel Pirate Cinema is up for the prize in the Young Adult category. The Auroras are a people’s choice award given for Canadian science fiction and fantasy, and I’m delighted to be recognised in the land of my birth! The whole ballot is a great signpost to some wonderful Canadian literature, and the young adult section is particularly strong:

Best YA Novel – English
Above by Leah Bobet, Arthur A. Levine Books/Scholastic
The Calling by Kelley Armstrong, Harper Teen
Dissolve by Neil Godbout, Bundoran Press
Mik Murdoch, Boy Superhero by Michell Plested, Five Rivers
Pirate Cinema by Cory Doctorow, TOR Teen
Under My Skin: Wildlings Series (Book 1) by Charles de Lint, Razorbill Canada

2013 Aurora Ballot Announced

I’ve got a guest column in the new edition of The Bookseller, the trade magazine for the UK publishing industry. It’s called “Tangible Assets,” and it points out that of all the fights that publishing has had with the ebook sector — DRM, pricing, promotion — the one they’ve missed is access to data. Whatever else is going on with publishers and Amazon, Google, Apple, et al, the fact that publishing knows almost nothing about its ebook customers and has no realtime view into its ebook sales; and that the ebook channel knows almost everything, instantaneously, is untenable and unsustainable.

I just came off a US tour for my YA novel Homeland, which Tor Teen published in the US in February, and which Titan will publish this coming September in the UK. I went to 23 cities in 25 days, a kind of bleary and awesome whirlwind where I got to see friends from across the USA—Internet People to a one—for about 8.5 minutes each, in a caffeinated, exhausted rush.

Inevitably, I had this conversation: “How’s the book doing?” and I got to say: “Oh, awesome! It’s a New York Times and Indienet bestseller!” (It stayed on the NYT list for four weeks, so I got to say this a lot). And then, always: “So, how many copies does that
come out to?” And my answer was always, “No one knows.”

This is where the Internet People began to boggle. “No one knows?”

“Oh, there’s some Nielsen reporting from the tills of participating booksellers—you can get that if you spend a fortune. But there’s no realtime e-book numbers given to the publishers. We’ll all find out exactly how the book performed in a couple of months.”

And that’s where they lost their minds. The irate squawks that emerged from their throats were audible for miles. “You mean Amazon, Apple and Google knows exactly who comes to their stores, how they find their way to your books, where they’re coming in from, how many devices they use and when, and they don’t tell the publishers?”

Tangible assets