When I started writing for the families.com Frugal blog, I decided to take a frugal fashion angle as my girl Mary Ann Romans seems to have the rest of the category well under control. After a little talk, we decided that I fit the frugalista mold and so, my “frugalista” blog posts were born.
So a week or so ago, I got an email warning that there was a lawyer serving anyone who called themselves a “frugalista” telling them to cease using the term. (I never did get the warning myself.) I decided to put the phrase on hold and have been following the story every since.
So here’s the Skinny.
One feisty “frugalista” is fighting mad. The Jackson Frugalista, or soon to be the Frugalista formerly known as the Jackson Frugalista, soon to be something else has started a media blitz to the Miami Herald, and Ms. McNeal, owner of the word “FRUGALISTA” and writer of The Frugalista Files.
The Jackson Frugalista may be forced to change her name, but she won’t be doing it quietly. She has sent every blogger using the word “Frugalista” a copy of the cease and desist letter and well as her own response to the letter. She has also published her argument against the Trademark of “Frugalista”.
Needless to say, this “frugalista” war has garnered a bit of media attention. The U.S. News and World Report has published an article called “Frugalista” Debate: One Blogger Stakes Claim. The articles argues the legitimacy of the “frugalista” claim.
“While McNeal has apparently gone through the effort of obtaining a trademark, its legitimacy is not entirely clear. Dozens of bloggers already use the term to identify themselves, including a Frugalista in Los Angeles, a Jackson Frugalista, and one in Japan. Even the retailer Target has filed a trademark application
on the term “fashionista frugalista.”
“Trademarks usually protect terms that are distinctive — that is, they should be widely associated with the person who holds the trademark. But in the case of “frugalista,” it is so widely used that it is hard to imagine how McNeal can argue that the term applies singularly to her, especially considering that she started her blog in 2008, well after the word was popular. “
The Consumerist writes “Call Yourself A ‘Frugalista,’ Get A Free Cease And Desist Letter” They write:
“Miami Herald personal finance blogger Natalie McNeal is going all “Highlander” with her “Frugalista” moniker. As in, there can only be one. She trademarked the term and had a lawyer send out cease and desist letters to at least one other Frugalista.”
The Miami New Times also wrote: So You Think You’re a Frugalista? Don’t, Unless You Want to Be Served by a Herald Blogger. The posted a bit of a clarification from the Jackson Frugalista’s lawyers.
“McNeal’s lawyer clarifies that the word frugalista can still be uttered or written by non-McNeals, but believes McNeal is the only person who can legally identify herself as such.”
That’s good to know… I guess it means I can write frugalista blog posts, but can’t call myself “A Frugalista”.
So there’s a bit of free gossip for you self proclaimed “frugalista’s” out there. I will let you know if the situation changes. Until then, can we get back to talking about…
Making your old boots look new
Getting E.L.F Makeup for Only $1.00 Each Piece.
And…
Free finds from his closet.
Andrea Hermitt writes for parenting (specifically teens), the home blog, and also the frugal blog, and homeschooling at families.com.