Texas Sues Over Porn Steamy Romance Novel Titled Don't Mess With Texas

• I hope TXDOT's lawyer gets disbarred. 

• No they don't says the Bill of Rights.  We don't live in CorpMerica, Mr. Romney!

• She should countersue TXDOT for failing to properly maintain their roads and sidewalks.  TXDOT loves to break ADA laws. So she should that way they can waste $350 to remove the case into Federal Court!!!!

• I thought Tort Reform applied to everyone.  What Judge is not Upholding their oath to the Constitution by hearing this frivoulous lawsuit, I am going to stockpile and resell the book because I am on Disability which is federally protected from garnishment, so screw you Kirk the Jerk Watson and txdot, a government agency.  WE THE PEOPLE HAVE A RIGHT TO PETITION OUR GOVERNMENT TXDOT BELIEVES IN COMMUNISM AND OUR BELOVED MARXIST DICTATOR.  There you go, so sue me TxDot!!!

• Txrot sucks! Ain't just the taxpayers they scree over,but they cannibalize their own employees!!! Its not us peasant workers at txrot though,its all the brilliant engineers and lobbyist in austin and at the district levels making 6 figures a year and looking for situations just like this to warrant their own jobs and make all of us look bad to the Texas taxpayers. Why not though,while they're tucked away in their cozy and secured offices its the true backbone of txdot(the maintenance employees) that catch all the shit they've stirred up! On behalf of most txdot maintenance workers,we're sorry for our idiotic leadership and wasteful spending! Trust me,we pay taxes too and get sick watching txrot waste money!!!!

• You’ve publicly committed plagiarism by not putting the author’s writing in quotation marks. Sucks to be you.

• I'm not from Texas, I'm a California Girl, so I wouldn't note the slogan in the book title.  I could point out that the TxDOT stole their slogan and the Daughters of the Alamo should sue TxDOT.  I could also point out that Texas should want people to read this and decided to see Texas, heck it's free advertising.  But I would think that like CalTrans, TxDOT is taxpayer funded and the taxpayers probably think that Texas should fix their roads and quit complaining about free advertising.  I think in the future I will just avoid Texas. 

• Thanks. You made my point far more effectively than I did.

• Seriously TxDOT?  THIS is what you're upset about? I understand worrying about trademarks and infringements, but for crying out loud, it's a book!  It's a romance/soft porn/erotic ---whatever you want to label it, BOOK.  I can think of so many other things you could be doing rather than filing a meritless lawsuit.

• Give me a break!  I know that Christie Craig sells her book to more than just Texans. I LOVE romance books and if parts are a bit suggestive, so be it. I honestly do not see what this book and Texas Litter have in common!

• Yeah, or maybe somebody put super glue in their Preparation H and they're just really, really constipated.

• And let's not forget Tom Delay who sold the freakin Congress to the highest bidder. Yeah, definately sue an author rather than focusing on people like Rick Perry who wants to rewrite the Constitution. Way to go!

• Evidentially TxDOT  thinks Texans were immaculately conceived.

• Not only am I going to buy the book for myself. I'm gonna buy a couple extras for my friends. I have a close friend in the DFW area who could probably use some reading material while she sits in TxDOT's cluster bump traffic jams. Heads up Kimmie, porn coming your way...lol.

• And clearly some of them need better Early education so they "doth" know how to appropriately use grown up words.

• OMG, I can't stop laughing, Cathryn. That was so my thought when I read his comment.

• Perhaps TxDOT doesn't know that it's a part of the state government and therefore can't 'own' a trademark because their work belongs to the State, which, in turn, belongs to the people of the State?

• I have heard and read the phrase "Don't Mess with Texas" many times, yet I don't recall seeing it followed by the registered trademark symbol. It makes me wonder if TX_DOT has therefore diluted its own trade mark. And why does a state need to spend money tradmarking its slogan anyway? Id the prior uses of this term in music and entertainment have not been challenged by Tx_DOT it weakens their chance of succeeding this time.

• From a Harvard Law site on Trademark law: "Trademark rights can also be lost through genericity. Sometimes, trademarks that are originally distinctive can become generic over time, thereby losing its trademark protectionKellogg Co. v. National Biscuit Co., 305 U.S. 111 (1938). A word will be considered generic when, in the minds of a substantial majority of the public, the word denotes a broad genus or type of product and not a specific source or manufacturer. So, for example, the term "thermos" has become a generic term and is no longer entitled to trademark protection. Although it once denoted a specific manufacturer, the term now stands for the general type of product. Similarly, both "aspirin" and "cellophane" have been held to be generic. Bayer Co. v. United Drug Co., 272 F.505 (S.D.N.Y. 1921). In deciding whether a term is generic, courts will often look to dictionary definitions, the use of the term in newspapers and magazines, and any evidence of attempts by the trademark owner to police its mark." The phrase "Don't Mess with Texas" is not connected in the minds of most people in the country with TXDoT. With Texas in general, but not with the specific department. If this goes to court, I would hazard to guess based on this issue alone, TXDoT will lose.  Further, from the same site: "If a party owns the rights to a particular trademark, that party can sue subsequent parties for trademark infringement. 15 U.S.C. �� 1114, 1125. The standard is "likelihood of confusion." To be more specific, the use of a trademark in connection with the sale of a good constitutes infringement if it is likely to cause consumer confusion as to the source of those goods or as to the sponsorship or approval of such goods. In deciding whether consumers are likely to be confused, the courts will typically look to a number of factors, including: (1) the strength of the mark; (2) the proximity of the goods; (3) the similarity of the marks; (4) evidence of actual confusion; (5) the similarity of marketing channels used; (6) the degree of caution exercised by the typical purchaser; (7) the defendant's intent." That means there would have to be likelihood that people would confuse the book with TXDoT. #4 shows TXDoT will have to prove actual confusion, which I'm willing to lay odds will be almost impossible.  An example given on the site is as follows: "So, for example, the use of an identical mark on the same product would clearly constitute infringement. If I manufacture and sell computers using the mark "Apple," my use of that mark will likely cause confusion among consumers, since they may be misled into thinking that the computers are made by Apple Computer, Inc. Using a very similar mark on the same product may also give rise to a claim of infringement, if the marks are close enough in sound, appearance, or meaning so as to cause confusion. So, for example, "Applet" computers may be off-limits; perhaps also "Apricot." On the other end of the spectrum, using the same term on a completely unrelated product will not likely give rise to an infringement claim." The book and TXDoT are totally different things, thus no trademark infringement. The lawsuit is frivolous and a waste of taxpayers' money. 

• And since most romance novels end with the couple getting engaged to be married if not outright married during the course of the book, we're talking about sex that's not only consensual, it's within the context of marriage.  So Texas DOT thinks married sex is bad...how?

• How stupid can you get? I'm rushing off to Tweet about this piece of idiocy. I do hope TxDOT is enjoying all the publicity they are getting.

• You know, Christie also writes murder mysteries.  I wouldn't be surprised if the next one of her ficitonal victims just happens to be a TxDOT admin.  Just sayin'.  Don't mess with Christie!

• And how did TXDOT find out about this book? There are millions of romance novels released. Hmmmmm....   Ridiculous. Ms. Craig just hit the FREE PROMO JACKPOT LOTTERY. I hope she sells TONS. Also, what does TXDOT think this will do to their reputation? No one in Texas will drive on their roads or we'll all litter because of a romance novel? Maybe the TXDOT peeps should read the book so it will give them some good ideas about how to spend their free time. Clearly someone NEEDS to get laid.

• They're kidding, right? The State where they've lied about school scores, want to sanitize text books to misrepresent American history and often talk about secession from the U.S. ...THIS IS WHAT OFFENDS THEM?

• Oops--sorry, I should have said 'trademarked' rather than copyrighted.

• I'd like to hear how TxDOT is going to prove that the book is going to cause 'irreparable harm'  to TxDOT's reputation.  [I think they've done that nicely all by themselves.]  It's doubtful anyone seeing TxDOT's merchandise in a bookstore and Christy Craig's book are going to believe they are in anyway related thus causing market confusion, which would be a trademark issue. 

• Seriously, Texas? Way to waste tax payer dollars on something frivolous and completely stupid. I think I'll buy the book just to tick you off.

• in my school district in Texas the parents just had to pay to have their kids bused - I understand the need to protect their slogan but - use that money to hire all the teachers that have been laid off in Texas-

• Have to admit that as a Northerner I never would have imagined that 'don't mess with Texas' had anything to do with littering.  Or that such a commonly-heard phrase, used in so many situations, could even be copyrighted. Maybe if it was the state motto.....  well, it's certainly getting everyone involved a lot of publicity.  Somehow I doubt that if it goes to court that the publisher will be forced to recall and pulp all copies of the book. It's possible there'll be a fine for copyright infringement and maybe when the book is reprinted there'll be a disclaimer.  Think that'll satisfy TxDOT?

• Of course, you would have to yank a sex scene out of context. Romance is about relationships. Sex is just the chocolate sprinkles on the sundae. Christie's books are charming, funny and intensely readable. The only winners in this lawsuit will be the lawyers.

• Well, maybe TxDot doesn't think anyone should mess with Texas, but what they don't know is they shouldn't eff with romance authors either. This just goes to prove that we have poo brains in Austin. Obviously, someone didn't do their homework. And the doofus  who thinks the book is porn,  well, they obvious don't know porn from a possum's.....ahem...paw.   Just my two cents worth. I hope Christie sells more books than ever.

• There are a couple of issues here. Romance writers are like Rodney Dangerfield with his "I Don't Get No Respect" and get up in arms over a state protecting their trademark. If someone stole their name and associated it with the porn industry, they wouldn't be too happy. The fact of the matter is romances today are not what they were even 20 years ago and contain very many graphic steamy sex scenes.Others are porn, but they like to call them romantica or erotic romance when the primary reason for the book is sex scenes between m/m/f, f/f/m, m/m, f/f etc. Sorry Ms Craig is being sued, but she and her publisher are not on the right side of the issue on this one.

• Seriously, people? The Texas Tourism folks should be thankful, 'cause this is going to make countless people want to visit their state. Silly, silly people...enjoy the ride and grow up!

• I am so buying this book! Come on, TxDOT get a life. What is it about sex you don't like? Do you have an ED problem? Seems to me I first heard the phrase "Don't mess with Texas" years ago. Did someone sue you for using it? Oh, and blogger, the term "bodice-rippers" is archaic. It no longer applies--hasn't for close to thirty years. Romance novels deal with life and relationships. Sex is part of life. TxDOT, did you ever think that maybe people would smile in a good way when they see your logo?

• Hmmm, So, are they also going to sue everyone on cafe press that sell "Don't Mess with Texas" paraphernalia as well as all of the artists and the Texas Music Project for their CD's "Don't Mess with Texas" 1, 2, and 3? As well as Dustin Bogue for his 2006 release of "Don't Mess with Texas"? Or rapper Lil' Keke for his CD "Don't Mess with Texas" which contained a song entitled "Don't Mess with Texas" which contained explicit lyrics? I'm not from Texas. Born in OK and raised in NE during the eighties during the time the TxDot started their advertising campaign which supposedly created that term. I never knew it was a trade-marked phrase or what it was actually suppose to represent. I think a lot of people who are not from Texas have no idea who the TxDot are or what they do (nor do we care), but we know the phrase "Don't mess with Texas." I along with most Americans assume it is a Texas pride thing...you know..."You mess with us, we'll kick your ass". Somehow littering just doesn't seem like an "ass-kicking" offense to me. I guess this frivolous lawsuit now tells me who they are and what they stand for.

• While that may be true, Marcolop, I have to ask--WHO at TxDot is reading what they've so crudely dubbed porn? There must be some employee, hiding in the lunchroom, heavy breathing while they ate leftover tuna casserole from some Tupperware for the officials to have found out about this book to begin with.  Or do they have someone on a regular basis scour the Internet for infractions unworthy of bleeding TX taxpayers dry for frivolous lawsuits  A book like this finding its way to TxDOT is like a pair of Prada's finding themselves in Payless. So who's reading the naughty, TxDOT?

• Oh, Scott--you should really guess again. Come back when you know thing one about New York publishing. And why would they want the revenues from porn, I ask you, sir? Wouldn't that further taint their unmaintained roads?

• I'm not sure if you write romance, Hermes 1. However, I do, and while we do have some say in our titles, they can be vetoed. But we are allowed options in most cases. Our own options.  But for someone like Andrea to consider that the title chosen was picked with publicity in mind? That's just plain asshattery, and I rather believe folks who see those particular (and completely ludicrous) motivations are the kind of people who are guilty of those actions themselves.  Oh, and Texas? Please do us all a favor--use the taxpayer's money for things like new desks in schools and raising teachers salaries. I can almost guarantee you, three quarters of Texas wouldn't have had a clue about the title connection had you not wasted money creating frivolous lawsuits and splashing your intent to sue near and far. Quit wasting our money and pick a better battle. Please.

• The ensuing sex scene? As the church lady would say, Christie, this is just too special. You go, girl! Roger

• Hi Shawna, I'll be right beside you!

• Dr. Ferrer, As I mentioned further up. Ms. Craig does NOT write erotic romance. She writes sensual romance. It aggravates me that people writing in the genre don't take the time to understand the difference. We write ROMANCE. We have three dimensional characters who have a definite GMC-goal, motivation and conflict- both internal and external. The focus is on the romance which is part of the conflict. Erotica is a whole other critter that is not romance. I do know the difference. I write both sensual and erotic. I am also multi-published in each heat level. Thank you!

• I'll be there too representing booksellers and a Christie fan girl!

• Patricia, Christi writes sensual romance. I know because I write both heat levels.

• I'd love to be there to support Christi!

• LOL, Robin! Well said.

• Hi Delphine, I agree with you and Marie-Nicole. I do hope this brings Christie more sales. I love her writing, too.

• Please note: Romance is not porn and the term bodice-rippers went out of fashion years ago. Romance empowers the readers both female and male. There's a reason we hold over 50% of the publishing pie. TxDOT getting all cranky about the title of Ms. Craig's book is absurd. To me, the lawsuit is littering up the court system. Readers and the Texans who come across the book will not immediately think TxDOT's. slogan.  We aren't that stupid. Readers from all over the world who buy the book won't even know TxDOT's slogan. I'm proud to be a Texan but I'm not proud of the way TxDOT is behaving.

• Typically, the author has no say whatsoever in a romance novel's title, and if the idea was to protect the slogan, a warning letter would have served that end nicely. To have the pleadings ready to go, complete with excerpts, the day the book hits the shelves means TxDot wanted the law suit a lot more than they wanted any protection for their product. Where I come from, we call that unclean hands. Really, unclean hands, such that the party seeking relief ought to be denied any of same.

• Absolutely Texas has a right to protect its intellectual property. They own so little of it, they think a law suit is the best use of limited taxpayer resources... a suit all ready for filing the very day the book comes out. What a coincidence! If the point is to protect the slogan and not to abuse public office by advancing somebody's particular literary biases, then why not start with a letter and some civilized warnings for pity's sake? 

• I think TEXAS DOT just gave her MAJOR FREE publicity!!

• Reading on Wikipedia TX_Dot do own the copyright and they have issued over 20 cease and desist letters over the years.  Why didn't they do that this time?  Why go the lawsuit way. Seems a bit over the top.

• I hope this woman's book ends up on the New York Times best seller list because of this publicity. Give me a break TxDOT!! I have never heard of this author but I'm going to buy this book. Thanks!

• 1. Christie is a fabulous, talented author who in NO WAY deserves this treatment.  Period. 2. Way to waste our tax dollars during a recession, Texas.  I'm ashamed.

• Really?  That a government agency is wasting funding on this is unconscionable and absurd.  This is about as stupid as when the pork industry tried to sue thinkgeek for saying unicorn meat was the new white meat.   http://www.thinkgeek.com/blog/2010/06/officially-our-bestever-cease.html

• Nothing better to represent Texas' litter campaign then a steamy "trashy" contemporary story by a beloved woman's writer who comes from where else but Texas!  Getting the book tomorrow...been waiting for it for months...maybe I'll read it while sitting on a bench along Riverwalk in Downtown San Antonio...

• Apparently you can clean up Texas but you can't have romance and erotica in it. Live with passion, Dr. Charley Ferrer Clinical Sexologist & Educator Author: BDSM FOR WRITERS and BDSM THE NAKED TRUTH

• I Cannot believe that this is what the TexDot officials want to spend their time and money on.If TexDot officials are so offended by the fact that Ms.Craig would want to use their motto for her book(which I plan on buying because it sounds Great!:) maybe texdot should sit down and think up another state motto and leave Ms.Craig to do what she does best entertain her many,many fans.

• As a romance author, I follow all the discussions about piracy and copyright infringement.  When I write, I'm careful about usage of copyrighted information and trademarks because that's the LAW.  Hence, TxDot has a legitimate gripe.  Matters not whether we think it's stupid or sickening, they own the registered trademark.  If the title of the book was don't mess with Coca-Cola, you better damn well bet the same thing would have happened.  We don't get to choose which infringement laws we follow and if we expect people to not copy and paste our work, then we HAVE to be careful about others rights to things.

• Cry me a F***ing river, Department of Public Safety -- are you serious ??  Let it go -- just let - it - go !  You embarrass me as a Texan for harassing this woman like this. 

• That's right D!

• Whoops, long day. Too many typos. Correct to "Unbelievable, and Read it quick, it's her best book yet."

• Unblieveable! As authors, we cannot copywrite titles, so how can TexDot register something like this? Read it quick, it her best book yet.

• Give me a brake!  Oh, wait. I think New Jersey or New York uses that to protect their construction workers.  Maybe they should trademark that instead of being glad the public slows down. TxDot, wise up. You should be paying Christie for promoting the slogan. 

• I'll be right there with the rest of the TX RWA girls, backing you Christie.  I shall remember this as I'm driving down Dairy Ashford avoiding all the potholes!

• Stupid and assanine TxDOT! If you think that is "pornography" you have another thing coming. Pornography is one sex scene after another ad infinitum, with absolutely no story line. This author has written an erotic romance novel. Maybe someone from the Texas Public Library system can teach you something about the differences between the two.

• Go, Christie.  I just bought your book! Crap.  Wish I had thought of this... Kathy

• TxDot are you freaking serious? You have no clue what porn is.  Christie, I hope you gets lots of sales because of this stupidity....Love the book cover...

• this is so freakin lame, i hope a judge laughs their asses out of court and tells them to focus on their jobs, r they that desperate for money that they r gonna sue an author? wth

• Seriously, TxDot....I bet with the money you are spending on this inane lawsuit you could fix my part of I-35 a h#ll of a lot faster! I'm going to go out and buy 5 copies of this book and give to all my friends. Thanks TxDot for giving the author some fantastic PR!

• It's just a hot romance novel. I laughed at the few paragraphs that were available.

• The same should go with all the companies and such in Texas who use the slogan freely within and out the state. Unless they are going to go after all of them, I think they will be hard (pun intended) pressed to prove that it has hurt Texas one little bit. Since when is the TXdot the pornography police? Maybe they should fix their crappy roads first. 

• TxDOT, chill out and be glad somebody wants to use Texas in their title. It just wouldn't have the same impact if the author called it, "Don't Mess With Hoboken."

• Talk about a frivolous lawsuit!  Grow up, TxDOT!

• Its called escapism from the small minded people who don't understand people read for recreation. And apparently it is needed because romance fiction makes up over 50% of the mass market fiction sold in America, more than horrror, science fiction or mens fiction. And who gives a shit?  The women who try to make a living writing romance fiction that is who gives a shit. And you knew anything about publishing the author sells the book to the publisher who is the one more often to decide on the title so they Texas should direct their lawsuit solery at the publsher, as wasteful of tax dollars that is. 

• Since when is consenual sex pornographic?  Come on sure it probably is a trademark infringement but the whole lawsuit should be direct at the publisher and not the author or a bookseller. And they are going to have to prove the book  it is detriminal to their trademark and they don't get to decide what pornography. Lets hope that RWA wades into this debate. Talk about frivilous lawsuits!

• How about you give us an example of good writing Katharine? Put your money where your mouth is :-)

• I am truly embarrassed that TxDot has stooped so low. Porn? Really? Don't they know the difference? I bet they couldn't put the book down. Not only that, it proves that those backing this lawsuit are CLUELESS. It's romance, people. Educate yourselves before wasting tax payer dollars. Now, off to support a fellow Texan and buy her book!!!

• So what you're really saying is, first, that you support the misuse of taxpayer dollars on frivolous lawsuits and, second, that you, too, need to get a life?

• Whomever initiated this suit really ought to come into this century. What a waste of the Texas taxpayers money! I didn't know that there were still people around who would do such a thing...

• And this is why so many of us Love Christy Craig!

• I have no qualms with this. The slogan is a protected trademark and should be upheld. My guess is the publisher of this book knew it could get some free pub my using this title. TXDOT should sue and demand all revenues of this book until it is republished under another title.

• Urg. What a ridiculous waste of taxpayers' money. Off to buy this book in support of Double C, one of the most darling people in the publishing industry. Hang in there, Christie.

• Oh Christie!  Hope this makes the national evening news channels! So jealous of your jump in sales over this idiocy.  Let us know when the court date is...hundreds of TX RWA chapter members will be there to support you (once we navigate the pot holes and road construction that either has no workers or they're all just standing around.)

• HAHAHAHAHAHAHA....OMG CHRISTIE!! The funniest things always happen to you!  TxDot needs to lighten up already.....you're flattering them by making them hunky men. hahaha Good luck with this silliness!  Luv ya, girl!

• Apparently, Texas has surplus funds to spend on frivolous lawsuits. They don't need my tax dollars if they have plenty to spare.  Guess I'll be doing my shopping on the Louisiana side of the line now. Now, I think I'll go buy a book!

• Amen sister!!!!!

• I hope Christy becomes the number one selling author in all of the US because of these guys!! She'll laugh all the way to the bank...meanwhile I'll be fuming that my hard earned tax dollars were spent on crapola like this! Do we not have ANY real issues that need work in Texas- last time I looked we were drowning in them!!! Go Christy Go!

• Maybe I should add "Don't Mess with..." to the TX-ARF banner before the next book fair...

• JoAnn beat me to the bait/bate error, so I'll go with something more obscure. "Doth" is the third person singular, not the first person. It should be "I do say". And what's more, the book in question is a contemporary, not a historical...so why are you talking funny like that?

• Hey Richard, how about you not make of Romance books' writing and we'll not make fun of all the stupid porn magazines and pornos you guys watch with the bad acting and girls screaming all over the place faking orgasms.  Stupid lawsuit BTW.

• Well. I can honestly say that this is the first time my loins have been warmed by TxDOT.

• The roads are in terrible shape, but the state says it doesn't have the $ to fix them. Same with law enforcement, schools and just about everything else, but you have the unbelievable nerve to spend my tax dollars - for which I have worked hard  - on a stupid, idiotic, frivolous, useless lawsuit like this? You are unbelievable! 

• You're kidding, right?  Right, Texas?  Great use of public funds!  How are your roads anyway?  It's a novel that depicts sexual acts between consenting adults in the course of a romantic relationship -- how is this a bad thing?  Do you have any idea how stupid you look right now?  How priggish and ridiculous and asinine?  Go, Christie Craig!  I hope you hit bestseller lists and write another book called TEXAS DOT HAS NOTHING BETTER TO DO THAN WASTE TAXPAYER MONEY.

• I know, right? And they clearly don't know what happens when the romance writers get their collective back up about stuff like this. Such a stupid PR move on TxDot's part...I hope it results in lots more sales for Christie, though. 

• I'm going to go out on a limb and speculate that TxDOT probably makes money licensing Don't Mess With Texas. It makes sense for them to defend their trademark - they are actually acting fiscally responsibly, something damn few state agencies or statewide politicians seem to know how to do. Fair use laws generally envision non-commercial uses, which is why, according to Wikipedia, there's a Navy submarine that uses Don't Mess With Texas as its slogan and has not, to my knowledge, drawn a legal challenge from TxDOT. Yes, the author is getting great free publicity over this, which might, in fact, be why the title was chosen. They [author/publisher] might have even hoped it would draw a legal challenge, or at least a cease and desist letter, which they would then publicize. On another note entirely, kudos for the steamy safer sex scene in the book. Even if "[s]he felt the cool tip of the condom at her center" sounds like an entry in that bad first sentence of your novel contest that some group holds each year.

• That's not porn, TxDOT. That's just bad writing.

• Hmmm TxDOT would make a great book name as well!

• So a government agency has so much time they can find some to harass an author? I think they should concern themselves with roadwork.

• What great publicity for Christie Craig! Wish I'd thought of it first. Way to waste tax $$'s, TxDOT.

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