23 April 2010

The Original Oh Pepper?


A couple of weeks ago a friend notified me that someone else was using the URL ohpepper.com. I checked it out and last week I posted a blog letter to the owner of ohpepper.com that showed the surprisingly many similarities between the original Oh Pepper? and ohpepper.com. Aside from the owner of this website using my URL (which I created more than two years earlier), our logos are nearly identical (but I ripped mine off from Dr. Pepper first), we both sell greetings cards (see my Etsy shop), and we both happen to live in Seattle (I moved here first). I have no evidence that the owner of ohpepper.com intentionally copied elements of my blog, but even so, I am pretty disappointed that the ohpepper.com URL is now taken. I guess I should have forked over the $10 a year to buy the domain ohpepper.com back in 2007 to avoid such infringement but I never dreamed that someone else besides Brak and I used the phrase, "oh pepper."

In response to my (satirical) blog entry, the owner of ohpepper.com accused me of slander (technically libel would apply to written, broadcast, or otherwise published words but a simple legal analysis of the elements of libel would show that I didn't commit that, either.) However, I took down the blog entry anyway because I felt bad for making a person so upset. I enjoy riling someone up as much as the next guy but I am not out to ruin anyone's day. I was also accused of "undermining commerce" but we never covered this topic in law school so I'm pretty sure it's not actually a real claim. But, just to be on the safe side, I would like to promote commerce and invite all of you to visit ohpepper.com and buy a beautiful holiday-, baby-, or love-themed handmade card. (Ironically, though, there doesn't seem to be an option to actually buy these cards on the website.)

So, for the record, I would like to make clear that there is absolutely NO affiliation whatsoever between the original Oh Pepper? and ohpepper.com. The original Oh Pepper? was created in July 2007 as a means for me to share some humorous observations to bored employees at work, stay-at-home moms in need of some real adult interaction, or anyone who would just like to have a good laugh, usually at my expense. Some of you have accused me of making you pee your pants, but never of committing slander. For this I thank you and wish you all the best as the original Oh Pepper? continues to brighten your day. And if anyone needs some clarification on slander, libel, or any other common law tort, please feel free to reach out to me.

5 comments:

Shauna said...

Yeah for housewives in need of real interaction! Funny, my word verification word is "ovaries", not joking!

david & michal coombs said...

ha ha--i wondered what happened to that entry. i checked out the other pepper website, and i, too, noticed there was no way to contact her/buy items...hmmmm.....

Mark Edwards said...

Her's, "Oh! Pepper" is a simple response to your quesion "Oh? Pepper." If anything, you should be happy to have the question finally answered.

Yaj said...

I like lemon torts, but my favorite are raspberry turnovers.

Hopefully that clarifies it.

The Jazz Family said...

Thanks "Oh, Pepper" and the best "Oh, Pepper". I am a stay at home mom and this,without a doubt, perks up my day.