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A+E Networks Orders Me to "Cease and Desist," Claims Scott Wolter Controls the "Hooked X"

5/17/2013

48 Comments

 
This afternoon I received a letter from the law firm representing A+E Television Networks ordering me to cease and desist sale of Unearthing the Truth on the grounds that the book could be mistaken for an authorized edition and that its cover violated Scott Wolter’s intellectual property. According to the lawyer, Wolter is asserting that the “hooked X” design, of the letter X with an added line on the upper right stave, belongs to him and that other uses of it are a violation of his book cover design for The Hooked X: “Your book cover copies the unique cover and especially the ‘X’ with a ‘tail’ used on Scott Wolter’s book, ‘The Hooked X.’ … it is clearly not a coincidence that you copied his book cover…”

I have been given seven days to comply or face a lawsuit.

As you can see, the design elements are not particularly unique to Wolter:
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And as a matter of fact, I do not own a copy of the Hooked X book, and the similarity in design is in fact a coincidence. I added the Hooked X to my cover design because the space above the title looked a bit empty. The actual inspiration for the cover was, not coincidentally, the thing I was critiquing: America Unearthed. Amazing that A+E did not notice that.
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I tried very hard to draw inspiration from the logo without actually duplicating or coming too close to anything in it (unauthorized Twilight and Twilight Zone guides steal more blatantly from their the graphic design of their inspirations), and for my efforts I get accused of stealing from something completely different!

I had a nice conversation with the lawyer involved, and as a result of the conversation I have agreed to make a minor revision to the book cover to include the word “unauthorized” in order to make A+E Networks happy and to avoid confusion among the literally tens of people who will likely encounter my book, one or two of whom may not be aware that a critique is generally critical of the thing being critiqued. This means that the book will not be for sale until the change has gone through. This will take several days.

I cannot, however, make the change until A+E agrees to drop the claim that I am violating Scott Wolter’s intellectual property by using the “hooked X.” This is especially frustrating because A+E does not own the Hooked X book or its intellectual property. They claim the expansive right to act on behalf of Scott Wolter as “talent” for the company, another remarkable claim since Wolter’s intellectual missteps and academic misrepresentation do not fall under the company’s purview, according a network representative I spoke with last month. But the shape of a letter on the cover of a self-published book released six years before joining A+E? Totally their business.

I assert that the hooked X is in the public domain because the character appears on the Kensington Rune Stone, uncovered in 1898 and purportedly dating back to 1362 according to Wolter himself. This puts the shape squarely in the public domain. Further, (a) Wolter’s book features a stone-carved hooked X from the Rune Stone, while mine features a computer-generated hooked X; (b) Wolter’s book superimposes the actual caving over a stone-textured physical map of North America while mine uses a slight shadow over a political map of part of the United States; (c) Wolter’s book is brown and mine is blue; (d) the two designs are in no way substantively similar, not in the lettering, positioning of the title, use of ancillary elements, etc. Even if he did own the hooked X, my book is a substantive critique of the claims made by Wolter about the “hooked X” on America Unearthed, and therefore an illustration of that character is an essential part of the criticism.

When I challenged A+E’s right to dispute the cover design since they don’t own the hooked X, the lawyer told me that I would be wise to accept the changes rather than get Scott Wolter’s lawyer involved. “Do you really want to deal with two sets of lawyers?” she asked. Actually, I’d be thrilled to have Scott Wolter try to make a case in court that he owns the hooked X. That would be a bizarre attempt to rewrite history. But if Disney can try to trademark the Dia de los Muertos, I guess Wolter can try to claim the hooked X as his personal fief.

Well, here is some more people he can sue. Note that the hooked X is clearly visible on the cover on the left, while the one at right is suspiciously similar to the design Wolter uses and also has the hooked X visible.
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So how did this happen? Well, the lawyer’s letter mentions the eBook version of Unearthing the Truth, which had been available for less than 24 hours before the letter arrived. According to the lawyer, A+E Networks handed her the complaint after “talent” informed the parent company of the situation. Since the “talent” on America Unearthed is Scott Wolter himself, I guess we know who is really the one willing to use the power of the law to “suppress” the “truth.” I do not believe it is a coincidence that the “talent” became upset just days after a History spokesperson invited me to provide the network with a critique of the show. This is the thanks I get for taking them at their word that they genuinely wanted to know how to make the program better.
48 Comments
Cathleen Anderson
5/17/2013 08:32:12 am

If they do sue over the hooked x, don't forget to throw Rule 11, as well as failure to protect their intellectual property and that the claim is frivolous. Make sure you go after everyone involved to recover your attorney fees and costs as Rule 11 specifically allows for that.

Reply
tubby
5/17/2013 08:51:06 am

Can one actually claim a rune as an intellectual property? Especially if we assume it's a valid letter form that he did not create and isn't hoaxed to begin with?

Reply
Jason Colavito link
5/17/2013 10:43:52 am

The specific claim is that I have "copied" the book cover of "The Hooked X," which I did not; the "hooked x" shape is supposedly the unique identifier belonging to Wolter.

He could, in theory, claim a VERSION of the Hooked X as a trademark associated with him, the way Nike claims a specific swoosh or Disney three circles as a stylized Mickey Mouse. However, the lawyer made no claim that a trademark had been filed, and in any case, my X isn't the same X and public use of the mark for 115 years would make it very hard to defend.

Reply
Dan D
5/17/2013 09:35:42 am

I would remove the offending symbol and replace it with a nice illustration of the Newport Tower, perhaps with a few Templar Knights milling about admiring their handiwork;

Surely the Tower is in the public domain so no one can claim intellectual property or can they?

Reply
Tara Jordan
5/17/2013 10:08:32 am

"I have agreed to make a minor revision to the book cover to include the words, screw you Scott Wolter,the hooked X design is property of the Transatlantic Knight Templars".

Reply
Adam W
5/17/2013 10:20:44 am

Ho. Ly. Shit. Is this for real? Or did the Knights Templar capture me and give me up to the Annunaki, who used gold-powered time-travel devices to take me all the way back to April 1st?

Reply
Cathleen Anderson
5/17/2013 10:20:57 am

The fact that the rune is in the public domain is what makes Rule 11 come into play. There is no way any attorney can in good faith claim that it is not in the public domain.

Reply
Clint Knapp
5/17/2013 10:29:15 am

Honestly, until you mentioned it later in the article, I didn't even notice Wolter's book used a map of North America as a graphic element at all. I had to scroll back and look again, and see past the unusually pinched form.

There are other style differences in the X's themselves. Wolter's uses the carving, which includes stylistic elements (notice the 'hook' to the hook on the X) while yours looks more like a series of straight shadowed lines. Even the dimensions of the X's are different, as the carving has a decidedly taller left side than the right. Regardless, as Wolter doesn't own the KRS itself, the idea he owns or controls the shape is ridiculous.

If Scott Wolter 'controls' the 'hooked X' shape, wouldn't that be an admission to not only hoaxing it HIMSELF but being either a) a time traveler who went to the past to plant evidence or b) an incredibly long-lived specimen of humanity who should be studied immediately?

Good luck with the legal tomfoolery, and Mr. Wolter- if you're watching this blog- I expect the admission you are indeed a time-displaced Templar agent to be the big reveal at the end of next season.

Reply
Mila
5/17/2013 10:34:55 am

Jason, I have just checked that Wolter Scott published The Hooked X in 2009. You have spent lots of time debunking his theory and you haven’t read his books. Lol That’s strange.

Reply
Jason Colavito link
5/17/2013 10:39:14 am

I didn't say I never read it; I don't own one, nor did I look at one in designing my cover.

Tara Jordan
5/17/2013 10:42:34 am

The marginally-bright menopausal fruitcake who is using her cut-rate philosophy to justify her extraordinary sense of entitlement & to obscure her luck in the birth lottery. Please forgive her,she's suffering a mountainous cosmic debt.

Keith
5/17/2013 10:44:55 am

Unfortunately for your smug attitude, one does not have to have read "The Hooked X" to be critical of the ideas and evidence Wolter puts forward on America Unearthed. One needs only to have watched America Unearthed.
Gold star for trying though.

Mila
5/17/2013 10:45:52 am

I know that you didn’t say that you never read it but you said that you didn’t own. I was laughing that you spent so much time without even looking at books he wrote. You would see his book cover. LOL

Shiam
5/18/2013 06:07:58 pm

Keith, you're the one who's always smug. And why must you chime in to defend Jason every time he's challenged? Man-crush? He's a big boy, he can defend himself. Crawl back under your rock, troglodyte.

The Black Hole
2/9/2014 10:40:43 am

That's how JC works, didn't you know?? He does no field work of any kind in disproving or debunking. He has the unique ability to do everything from his armchair sitting at his computer and quoting the research and work of others OR his high school textbooks copyrighted in 1968.

charlie
5/17/2013 10:34:01 am

My opinion is; the "talent" is running scared. Why? Because your book is likely to be more popular than his. Just my 2 cents worth.
Stay sane Jason.

Reply
Dan D
5/17/2013 11:21:53 am

This certainly brings some intrigue to the stolen Narragansett rune stone caper. If you want control of a symbol......just saying. lol



Reply
Helen
5/17/2013 12:17:44 pm

Based on Wolter's own assertion that Freemasons have been using the symbol since their inception, it might seem that they have a wee bit more solid claim to the intellectual property.

Reply
Gary J.
5/17/2013 01:47:08 pm

Sounds like Scott is just ticked at you for your debunking of his program and methodology, and I can understand that to an extent. His positions are hard to defend and he's just looking for things in you to attack. I suppose the covers do in fact look a bit alike, but I don't believe for a minute that you copied his. If you can afford the lawyer's fees and can accept the risk of having to pay them should you lose, go for it. If you can't accept that risk, then you might want to acquiesce, which apparently you've already done since it seemed to satisfy the attorney. But if you didn't satisfy the "talent", he's still ticked and I suppose it wouldn't hurt to just take the X off and replace it with something else. It could avoid a lot of trouble that you probably don't want. However, if you're willing to take the risk, I think you would win but it's not 100%.

Reply
John R
5/17/2013 02:20:09 pm

How about a nice Kights Templar holding his flag in place of the X?

Reply
MobilOne
5/17/2013 05:42:59 pm

Or the Exxon logo...

Reply
CFC
5/17/2013 03:11:59 pm

The cover of your book is far less important what you’ve uncovered and written in the book. This is just a desperate attempt on Wolter’s part to try and be in control.

Reply
Christopher Randolph
5/17/2013 04:18:29 pm

I can't imagine that Wolter is an employee of A&E. Is he even an employee of the people who sell the programming to A&E? This really smells like desperation on their part. It seems like the type of thing that second-rate lawyers toss out on someone else's dime hoping that they can intimidate people without actually having the law on their side.

I think the best thing you could do is let them take you to court, Their argument would have to be, would it not, that Wolter made this crapola up himself?

Remember that Disney didn't get the rights to Dia de los Muertes after all.

Where are our holy/regal Sinclairs now, and what have they to say about this?

Reply
Tara Jordan
5/17/2013 09:14:47 pm

Indeed "This really smells like desperation" (When the ooze meets the slime).
"Where are our holy/regal Sinclairs now, and what have they to say about this?".
Her Majesty Steve St Clair,the heir of Christendom,is probably too busy entertaining himself with his courtisans,to make a statement

martha mcgee
5/5/2015 11:17:23 am

I have learned a lot from Scott! I hope he continues ALL his searches.......I am from a Mason family. Go Scott. Teach us more and thanks!

Gunn
5/17/2013 05:17:03 pm

Frankly, I'm quite amazed by this brazen A+E bluff. Scott Wolter does not in any way own the age-old image of the hooked X. In fact, it appears that he has himself misused the image and symbol, even to the point of suggesting that the hook in the X might be to represent an offspring of Jesus...I guess to support his old Dan Brown holy bloodline theories.

But, according to a recent study by Dr. Richard Nielsen, possibly the "world expert" on runes, back in medieval times the hooked X was to symbolize "In Christ." We have also been informed by Dr. Nielsen that the hooked X was not specific to the Knights Templar, as a secret symbol, as suggested by Mr. Wolter.

In fact, the hooked X was used publicly by Christians for hundreds of years--yes, even likely by Templars and Freemasons, and it is featured prominently on the Kensington Runestone, so it is strange that Wolter seems to be in some way trying to claim the image for himself.

In my opinion, Mr. Wolter has already in two ways misrepresented what the hooked X truly stands for in history, so it now seems almost comically ironic that he or someone representing him would actually be trying to assert further control over the already much-abused symbol.

Jason, you may certainly use the hooked X symbol in any manner you choose, except perhaps as an EXACT rendition as shown on Wolter's book, to avoid conflict. I think showing the hooked X symbol on your book cover may end up bringing more attention to the very important rune, and therefore more interest in it as an important Christian rune and symbol displayed several times on the Kensington Runestone.

I advise you to stand your ground and not to give in an inch. This is a freedom of speech issue, and the law is clearly on your side. Banisters are not needed, unless you want to play the lame-game for fun.

Reply
Gunn Sinclair
5/18/2013 05:57:05 am

Jason, by saying "unauthorized" on the book cover, you are giving in unnecessarily. You don't need to distinguish whether or not your new book is authorized. By even considering authorization, you give nod to imaginary power. Why give in on this?

This seems to be a power-control move, an intimidation move worth making a stand against. I don't support the irony of someone misusing an important historic symbol and then trying in some way to take further possession of it.

Reply
Tara Jordan
5/18/2013 08:21:33 am

Yes indeed, regardless of our differences,this time,I am in total agreement with Gunn. Jason,just tell Wolter & his minions to fuck off.They have no case. Scott "running in short pants" Wolter doesn't have intellectual property over so called "historical" symbolism.

Jason Colavito link
5/18/2013 01:51:15 pm

In this case, the relevant law isn't freedom of speech but rather advertising and publicity law. I cannot predict how a judge would rule on whether my book could reasonably be confused for an official product. I'm not giving in but rather clearly distinguishing products in the marketplace. By agreeing to this point, it removes any claim A+E has against me, putting the onus on Wolter to prove his ownership of the hooked X design without any other issues muddying the waters.

Tara Jordan
5/18/2013 02:50:32 pm

Jason,I understand.Do what is best for you.It`s easy for us to say "Jason,stand your ground,fight", but you`re the one paying the bills & you will eventually suffer the consequences of your own decisions.But there is a positive side to this issue,it is in the public record for all to witness the despicable behavior of Scott Wolter & his cronies.

Christopher Randolph
5/19/2013 03:46:19 am

I'm not so sure that this isn't actually a freedom of speech issue. Wolter / A&E would have to be making the claim that he essentially invented the hooked X and that it isn't an old rune after all. It's a bluff that cries out to be called.

Has a legit archeologist ever tried to claim a hieroglyph or portion of an ancient script as their own intellectual property, and that others can't write about it? There's no way in heck that argument stands up in court without them admitting that they are broadcasting pure fiction. And let's say they go in that direction - your defense (and basis for offense) is that the show rests on Wolter's supposed academic credentials and is on a "History" network and was presented to us all as non-fiction. I would talk to a lawyer about this and stand your ground, and even threaten a very public and damaging countersuit.

Their only argument here is that the show is fiction and the hooked X is nonsense that Wolter invented and owns. It's even suspicious that A&E has lawyers protecting SOMEONE ELSE's "intellectual property." That's not normal. It sounds like an attempt - an actionable attempt - to silence critics.

As it stands you should be contacting news media about this, especially in Minnesota but also nationally. And you should be contacting Minnesota lawmakers to notify them of the results of the state giving Wolter tax funds.

This is one of those cases where conceding the battle is losing the war.

This also reminds me of the McDonald's libel suit in the UK, which even despite the insanely punitive set of UK libel laws still ended up blowing up in McDonald's faces because the gory details of the operation had to be put on display in order to try and silence a couple of critics.

Oly Wilson
5/19/2013 04:33:39 am

Totally agree with C. Randolph's 3rd paragraph below. Concede to their argument of intellectual property based on the fact that the "hooked X" is not an actual rune but an invention of Scott Wolter's. Your point is won..... They are essentially "estopped" (roughly) from ever making the argument it's an actual rune again.

Dave Lewis
5/18/2013 04:28:54 pm

Gunn said "Banisters are not needed...." I think banisters are important safety devices on stairways.

:^)

Reply
Gary W
5/18/2013 03:54:05 pm

I think people are getting caught up in the wrong argument, if SW is stupid enough to claim exclusive graphic rights to the hooked x symbol he would easily lose in court based on his own writings and show. I doubt it is his intent to actually go through the courts to win, he is using resources at his disposal to bully JC into a position he is unlikely or unable to to fight back at. It's all about legitimacy at face value.

The real issue that they would fight on is the symbolic similarity of the covers.
I have to agree that regardless of whether it was intended or not there are striking similarities in the covers, as JC has pointed out himself. It is essentially a hooked X imposed over North America.

The difference is the mediums utilised to depict each. WS uses a version which is carved in stone (or appears to be), whereas JC has used typographic representation of the X over a modern geographical map of large portion of North America.

If I were to release a book tomorrow on the same topic using a cover which was scribbled in pencil with a hooked X imposed on a crude depiction of North America then I would not be surprised to be issued a C&D by either WS or JC (although JC is probably less likely to do so).

This is why we have copyright laws, ignorance of the existence of another piece (JC mentioned he had no immediate knowledge of WS's cover) is not accepted by the law. If I were a musician and had never listened to The Beatles but somehow came up with a song with a strikingly similar chorus I couldn't claim ignorance as defense. I would be ordered to alter or remove the song from sale, pay royalties or be fined.

I am in no way defending WS or his self-serving unfounded claims to own the hooked X symbol or that he has coerced A&E into using strong arm tactics to bully JC. I think Jason made the right move by simply adding UNAUTHORIZED to the subtitle, he hasn't altered any of the book content so it won't diminish the message he is sending and it prevents WS from taking any further frivolous actions against its release. Lets face it, if the cover is the only thing he can find to hold you back then he's really grasping at straws. I'm more surprised he didn't try claim defamation.

Jason, I hope that your book is a success and educates many people on the falsehoods that WS would have us buy into. I wish I had the time and intelligence to follow your example in exposing frauds like him for what they really are.

Reply
terry the censor
5/18/2013 07:16:54 pm

I can't believe Wolter is stupid enough to think he owns the Hooked X mark. That leaves insanity as an explanation.

QED

Reply
Gunn
5/18/2013 07:24:29 pm

Again, in medieval times, the hooked X meant "In Christ." SW is not even a Christian, which makes this issue of " hooked X copyright" even more comically ironic.

Does the hooked X represent SW? No. He merely used (actually, misused) the symbol. Where is the copyrighted ownership? There is no copyrighted ownership of the hooked X symbol. A partial map of the US is not an entire map of North America, either, so the geographical image is not even close to the same.

A dissimiliar hooked X over a dissimiliar map does not equal copyright infringment of book cover design.

Also again, in my opinion adding "unauthorized" is an unnecessary acquiescence to imaginary power--though understandable as a way to hopefully slow down or stop the "bannister-bullying."

(Dave Lewis, I'm not talking about an obnoxious stairway...and yes, banister can be spelled either way.)

Reply
Beloved Elf
5/19/2013 04:08:00 am

Dave Lewis was kidding; he left a funny face at the bottom of his comment.

Reply
Dave Easterwood link
5/19/2013 03:03:31 am

The truth hurts.

Reply
William Smith
5/19/2013 08:13:44 am

Jason - This is a standard tactic of intimidation by A&E and Scott Wolter. I have a few threats of this nature from Wolter and his lawer friend Dave Brody. The real question is whether A&E are working for Wolter or is Wolter working for A&E? Stand your ground, the next thing that A&E will do is take the X out of X-mas.

Reply
Steve St Clair
5/19/2013 11:06:32 am

Wow Jason, so much advice from so many "experts." Is there anything this group doesn't have an opinion on?

I heard that CERN is having trouble with their Large Hadron Collider. Maybe they should contact this group. They'd have it done in seconds. Who needs experts when you have opinions.

My advice is that you not contact any professional lawyers. Just listen to your blog commenters.

Reply
Jason Colavito link
5/19/2013 11:14:40 am

Wolter's your friend, Steve. You can tell him for me that his registered word mark on the phrase "Hooked X" doesn't cover the shape of the rune--and that is the opinion of a professional lawyer I consulted.

Reply
Christopher Randolph
5/19/2013 03:28:31 pm

1) "Who needs experts when you have opinions.

My advice is that you not contact any professional lawyers. Just listen to your blog commenters. "

You see no irony in this at all?

2) Most of us have suggested contacting lawyers.

Reply
Tara Jordan
5/19/2013 04:18:11 pm

Scott Wolter`s butt boy.His Master's Voice.....

Reply
Mila
5/20/2013 06:05:20 am

"Wow Jason, so much advice from so many "experts." Is there anything this group doesn't have an opinion on?"

LOL! Everybody is so bloody serious……I may help Jason in selling his books. Drama sells!

Reply
The Black Hole
2/9/2014 10:42:38 am

I think you should....clearly Jason can't sell enough to get his own tv show so he can quit his full time job.

Alien Master
2/9/2014 10:36:29 am

LOL....awesome.

Reply
Cloud
12/2/2013 01:57:54 am

I did a review of his program on one of the streaming sites TV muse told them exactly how phony and what I think of him. My account is now suspended for it, because I provided them with a link to your site so people can read about his BS for themselves. Someone from A&E had the account closed. They are fine with the site illegally offering there programing just don't tell the truth about their lies and the one telling them. He belongs in a white coat in a padded cell heavily medicated where he can do no more harm with his BS. I can trace my family history back to the Knights Templar know all about the route they took to escape, what went on. He is so wrong about everything, he could not be more wrong if he tried to be. The town I grew up in, in KS is full of descendants of the Templars. My family has a couple of castles and has our name on the Arch De Triumph in France. His obsession with female parts and women is also way, way, wrong. All the Knights were celibate swore to be chaste to serve god. Too many people want there to be more, add there own mythology to the order to fit their own agendas. They were a Military order that protected travelers to the Holy lands that fought and trained all the time, were the Special Forces of the day with special understanding of things the church was very afraid of. Things like medicinal plants, herbs that could cure or kill, how to heal or do minor surgeries setting broken bones. Knowledge the Church wanted to be left up to God not in the hands of man. No children on Jebus and Mary M, or the Arc or the Covenant they left with gold and knowledge that was written down. They took with them a Library of knowledge of everything they knew up to that point. The hooked X as Wolter wants to make it so special is an ancient alchemy symbol.

Reply
Robert
2/9/2014 10:45:58 am

Well clearly you must have done so in an offensive way or something that broke the rules of their forum because I have done the same and they did not suspend my account or even delete any of my posts.

Reply

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