Wednesday, December 30, 2015

Driving Down the Highway Of Pickers - Part Three

So, now that you are not longer "under pressure" after the restroom stop, we can proceed....

Sorry that I had to pile your luggage in front of your seat there... I had to move it out of the back to make room for the sign and gas pumps I bought...

....and no that smell wasn't me.... I did not fart, OK....?!

Just roll down your window.....PHEW...yeah, it stinks... damn, I thought I got all of it out...

I guess there is still enough residue....from rotting piles of flies I scraped out of the gas pump globe the guy sold matter how bad it stunk I wasn't going to just leave it there...

Whew...well, it is airing out a, I better get back to what I was talking about... fill you in on some more info that I dug up....

Oddly enough, if you had been on Mike's shop website when it was first launched, and had seen the page from which he was selling merchandise such as work gloves, flash-lights, ball caps, and eventually T-shirts and other stuff, amongst it all the site offered a notebook, and like the other items, it was also branded with Mike's "Antique Archaeology" shop logo, I believe. 

It also curiously also had "Picker's Journal" emblazoned across it.

This notebook was only offered on  Mike's website for a short period of time, so I assume it wasn't a big seller....

Or, perhaps, just perhaps, someone in the History Channel network's legal department, Mike's own lawyer/legal team, or maybe even a friend/fellow picker suggested it wasn't a good idea to use that "title", being that I had been using the phrase for some time prior to his application of it. 

Maybe it was eliminated simply so there would be no confusion that I was somehow connected to the program.

(If anyone out there has one of those notebooks, I'd like to get one, or even photos of one, just for posterity's sake.  Drop me a line, via FB, email, this blog, etc, and we will work out a trade, cash price, whatever.)

Oddly enough, Mike (or possibly Mike's employee(s), one, the other or both) was/were not the only one(s) to "jump on the bandwagon"...

Krause Publications (who is the current owner of "Antique Trader") joined the fray, too...

Check this out:

I see there is a notation that says (quote):

"The cover of this journal has been updated from that which was featured in promotions for this item."

I wonder if Krause was the original makers/marketers of Mike's version?

 Or,  the "original" version of the cover made their legal department squirm a little for some reason?  Anyone have one they can send me a photo of? 

This is what it looks like now... 

You will note that despite what it is being advertised as, it does  not actually say "Picker's Journal" on it.  I suspect that they changed the title/wording on the cover....

I'm mainly curious as to what they changed....but, when it comes down to it, do I really care that much? 


Now, if I am legally entitled to financial recompense or other compensation for (various) companies'/entities' usage of the phrase "Picker's Journal", and some talented, highly skilled legal team/lawyer wants to take the case on a contingency basis, I might just consider it. 

Drama of that sort is not worth small dollar amounts, really. Even large dollar amounts can not be enough compensation for the stress and hassles such actions can create. 

I am curious as to what you, as an uninvolved party, a random  reader, Joe or Josie person on the street, who is looking from outside of the situation thinks. 

Send me your thoughts, leave a comment, reaction to the facts I laid out, etc.   Also, maybe let me know if you are in the antiques business or not, a collector, or how you otherwise "relate" to the issue. 

 I will and do publish all comments, thoughts, etc, "for" or "against" my postings, as long as they are not slanderous, full of foul language, etc. Just keep it clean, intelligible, etc and your thoughts will be recognized. 

 If you do not wish to have your post published, let me me know, and it will remain private & unpublished.

Until next time...

Pick safe!


  1. I dunno man. My honest opinion is that it's a reach to think there's a lawsuit there. Picking and pickers seem to be a relatively common term, and the word journal has been around for a long time.

    From someone who isn't a picker or has anything to do with antiques, it seems to be a fairly generic term for a relatively uncontrolled activity. It's not like any one person invented the term picker or journal.

    I know a bit about how the courts work and the sheer cost of pursuing this avenue at a glance seems both futile and expensive with little probability of determining wrongdoing on the part of anyone. In short, I think you're flogging a dead horse that may have never been alive to begin with. I don't envision many lawyers seeing dollar signs dancing in their heads over this unless you paid a hefty retainer, after which they got nothing to lose anyway.

    Just my 2 cents, but I wouldn't spend any more time mulling it over. Life is short enough without stuff like this occupying precious brain real estate and if you let it bug you it can lead to unhealthy resentment which may not really be founded.

    Happy New Year Bear! Much success and prosperity in 2016!

    1. Just to play devil's advocate, when you examine copyright & trademark legal cases, the classic (no pun intended) cases, such as those involving Coca-Cola, you find some interesting benchmarks. Notice that "Cola" is still commonly used by many firms, but using Coca" in front of it is the sole domain of the Coca-Cola company. Putting two words previously not associated with each other is the key, so if they had used "Mike's Journal" or "American Picker's Journal" that would get them in the clear of any copyright/trademark issues. Is it worth pursuing? Who knows. I am not that concerned, in the big picture, and they haven't titled his writings as "A Picker's Journal." If they had, well, I know a top end Copyright lawyer who I would have already involved, and this blog post wouldn't exist. But, the question is, why did they not go with "An American Picker's Blog" or "Mike's Blog" or "Mike's Diary"? Why specifically choose "Picker's Journal" ? An accident? Unconscious plagiarism? Or blatant theft? Who knows. There is more background info that may (or may not) result in you mind swaying as you say "Hmmmmmm...."