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Jazan Wild’s attorney clarifies C&D demands, explains lawsuit

Carnival of Souls #1

Robot 6 reported Tuesday that comics creator Jazan Wild had sent cease-and-desist demands to book reviewers who posted excerpts of Carnival of Souls, a fantasy novel whose title is the basis of his recent trademark-infringement lawsuit against publisher HarperCollins. A spirited discussion followed in the comments, drawing in Wild (aka Jason Barnes) and his wife Susan Barnes.

Now Wild’s attorney Ted Shiells of Shiells Law Firm in Dallas has contacted Robot 6 with a statement to clarify Wild’s emails to reviewers — “Mr. Wild was not threatening to sue any of these persons. He only intended to make them aware of his trademark rights in CARNIVAL OF SOULS, to minimize the confusion he has already suffered,” Shiells said — and to address some of the questions and criticisms raised in the comments thread.

Wild, who gained attention in 2010 when he sued NBC and the producers of Heroes claiming they’d ripped off his idea for a “carnival of lost souls and outcasts,” accuses HarperCollins of intentionally using Carnival of Souls as the title of Melissa Marr’s new young-adult novel in an effort to create confusion between that book and his own 2005-2006 comic series and related works.

Shiells’ statement, which can be read below, explains the differences between trademark classifications, and underscores that while the title of a single book cannot be trademarked, the title of a series can be. However, there still appears to be some question whether HarperCollins ever planned Carnival of Souls to be the name of Marr’s forthcoming series. (Also in question: If Wild wasn’t threatening to sue bloggers, what exactly was the purpose of the cease-and-desist notices, which by their very nature are a threat of legal action; and what standing does he have to demand that websites remove excerpts of a book for which he holds no copyright. To Sheills’ credit, he apologized for any misunderstanding, but the whole situation is perplexing.)

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