Let’s face it.  Parents, especially first-timers, need all the advice they can get.  There are many media outlets that parents can turn to for help, but one New York Times blogger gained much popularity over the years.

The New York Times’ Motherlode blog gained acclaim in blogging communities for covering a variety of hot topics relating to parenting.  However, the lead writer for the Times’ blog recently left to start a parenting blog at The Huffington Post with a similar name.  Last week, the New York Times filed suit for trademark infringement over the blog title.  

On October 1st, 2008, Lisa Belkin began a blog entitled Motherlode for the New York Times.  At the time, Belkin was a frequent writer for the New York Times and parent of two children.  The blog focuses on matters surrounding parenthood; topics range from what is the appropriate amount of sleep for a new parent to how to determine if you are bragging about your children.  Belkin headed up the Motherlode blog for three years, and in late September of 2011 announced she was leaving to join The Huffington Post, but that the Motherlode blog would still exist as a New York Times product.

On October 24th of this year, the Huffington Post launched its parenting blog, Parentlode, authored by Belkin.  Belkin wrote that the new website’s name is a nod to readers who have e-mailed about equal parenting.  The e-mailers commented that fathers, just as much as mothers, are involved in the parenting process. Some reporters view the new name as a jab by Belkin to her former employer.

The main issue here is the similarity between the two blog names. The complaint, filed on November 4th, cites the cause of action as 15 U.S.C. 1125(A), trademark infringement and unfair competition. The complaint alleges that The Huffington Post clearly intended to create an association between its new blog and the New York Times’ Motherlode blog. The New York Times also alleges that the title was a deliberate attempt to mislead readers to believe the blogs were the same.

The relief that the New York Times is requesting is for the court to enjoin The Huffington Post from using the domain name and to abandon its pending trademark application for Parentlode.  It is also requesting damages in regards to The Huffington Post’s alleged trademark infringement and unfair competition.

The New York Times filed for a “used-based” trademark with the US Patent and Trademark Office for Motherlode on October 24th. Ten days earlier, The Huffington Post filed for a trademark for Parentlode with the USPTO. If the Times can prove that readers are confused by the two blogs, then the case has a great chance of success.  But The Huffington Post can try to prove that the Parentlode reader is sophisticated enough to understand that there is a difference between Belkin’s writings for the Motherlode and her blogs for The Huffington Post.

Some legal journalists are commenting that the case is a strong one.  These journalists point to the fact that Belkin isn’t shy about the fact that the two blogs have similar names.  An even more damaging fact is that the first post by Belkin on the Parentlode blogsite was tagged as “motherlode-blog”, enabling web-surfers looking for Motherlode to be directed to the Parentlode blog.  Still other reporters are suggesting that the suit is just a continuation of a fight between the two media sources.  Recently, The Huffington Post has poached a number of high-profile authors from the Times, who were probably attracted by the generous salaries offered to former Times employees.

Personally, I believe the Times’ case is a strong one.  The blogs, many of which are authored by Belkin, are similar enough to create confusion in the reader’s mind. I think The Huffington Post should change its parenting blog name. If not only for legal reasons, but for the fact that The Huffington Post blog could use a more attractive name.

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