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Scott Wolter Trademarked the Hooked X

5/19/2013

26 Comments

 
Since I was slapped with a cease-and-desist order last week, I’ve been researching the “Hooked X” and Scott Wolter’s claim of ownership. As we’ll see in a minute, he actually has a trademark on the hooked X—well, the words “hooked X” anyway!

Yesterday I saw a huge uptick in the number of comments left on my America Unearthed reviews, and naturally I wondered why. As it happens, A+E Networks, the parent of H2, gave America Unearthed a tryout on History yesterday, exposing the show to a potential audience that averages eight to ten times the size of H2’s audience. The program also began an international run on several foreign broadcasters. To paraphrase A+E’s lawyer, it’s surely “no coincidence” that the network tried to quash my America Unearthed book not long before this launch.

Anyway, I thought it was interesting that A+E is so aggressive in protecting what they perceive to be their intellectual property when it comes to America Unearthed while they have allowed others to use the name of Ancient Aliens unmolested. Isn’t it interesting that you can find the following books on Amazon.com with no cease-and-desist order?

Picture
Picture
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These books by ancient astronaut theorists (two of whom are/were associated with Ancient Aliens) clearly imply the endorsement of the Ancient Aliens mother ship, not to mention the clear case for confusion between the officially-licensed Ancient Aliens merchandise and these knockoffs seeking to capitalize on the Ancient Aliens name. (Coppens went on to make a DVD under the same misleading and confusing name.) And yet no one has ordered these books removed. Curious, isn’t it? 

So, I visited the United States Patent and Trademark Office to find out what rights A+E Networks claims for its various marks. (The USPTO does not allow direct linking to marks, so you’ll have to search yourself here.) For America Unearthed, interestingly, they do not claim trademark in connection with books. According to their July 2012 filing, they claim the trademark only for “prerecorded digital video discs and DVDs,” an “ongoing television series,” and “a website,” including podcasts, smart phone graphics, and discussion boards.

Even more interesting, they claim that their program and website are for “entertainment information purposes only.” Contrast that with the service mark application for Ancient Aliens, which states that the mark is associated with “non-fiction documentary subject matter.” What’s the difference? This: the service mark for Ancient Aliens is controlled by Prometheus Entertainment, the production company, while the mark for America Unearthed is controlled by A+E. It looks like Committee Films got a raw deal by giving A+E control over the program while Prometheus kept the rights to its. I wonder why A+E seems to be pushing America Unearthed and easing up on Ancient Aliens? Could it be about money? Could I be using rhetorical questions to make sure I don’t state anything definitively?

Now here’s the fun part: Scott Wolter filed for a trademark on the Hooked X in 2009 to coincide with publication of his book of that name! However, his mark covers only the phrase “Hooked X,” not the specific appearance of the rune character. The USTPO has no record of any trademark assigned for the “hooked X” rune itself, so far as I can find. I had no idea he owned a trademark on the phrase since he does not disclose this fact on the Hooked X website, or on the book cover, nor has he apparently defended the phrase “hooked X” from being used as a generic by other authors and publications, or by bands, as a Google search for the phrase shows. (Part of trademark law involves asserting the mark publicly, usually with a TM or ® symbol, and by defending the mark.) From now on, of course, I will have to write Hooked X®; however, my book does not use the registered mark on the cover and the registered mark does not cover the graphic element, which is in the public domain.

There’s also a good case to be made that the Hooked X® trademark is invalid since the term had been used as a generic for various x-shaped figures in the archaeological literature since at least 1990, when the term appears in the Journal of Indo-European Studies to describe incised figures similar to Wolter’s infamous rune. As in the recent cases of Hotels.com and Mattress.com, federal courts have held that a term that the “relevant publics” (in the case of the Hooked X®, that would be archaeologists) have used as a generic cannot be trademarked. Further, a book title cannot be trademarked until a book series has been established, under unfair competition laws in the U.S. Currently, there is only one Hooked X® book and therefore the title does not qualify for trademark status; subsequent book titles would need to be on the order of The Hooked X®: Desert Dinosaur Adventure or something along those lines, using the series title. I imagine that Wolter must have filed an “intent to use” for the mark as a book series, though I cannot see this information online.

And even if that were the case, I could still use the words “Hooked X” in my book title if I wanted to under the 1992 doctrine of “nominative fair use” in which the trademark is necessary for explaining the content of my book in reference to the mark being criticized. So, I could have titled my book Unearthing the Truth about Scott Wolter’s Hooked X Hoax. But I didn’t do that, so this isn’t really relevant. All I did was use a rune that has been in the public domain for decades. The exact expression of that rune was provided to me, with permission, by Richard Nielsen, in the copyrighted typeface he developed for typing Kensington Rune Stone figures.

I’m not sure there is any way to challenge Wolter’s trademark without going to court to claim that his mark is causing material damage to those using it as a generic. It will, however, expire in 2015 unless… well, I’m not going to help him out with the directions for avoiding cancellation. 

26 Comments
CFC
5/19/2013 08:30:03 am

I have made a donation to you today Jason to help in some small way with this recent action by A & E. Thanks for unearthing the truth. Keep it up!!!

Reply
Cathleen Anderson
5/19/2013 09:36:07 am

http://www.nolo.com/legal-encyclopedia/opposing-canceling-trademark-registration.html

Reply
Gunn
5/19/2013 01:00:27 pm

Jason said: "I could have titled my book Unearthing the Truth about Scott Wolter’s Hooked X Hoax."

This would work better, since the issue seems to be with the phrase "hooked X," rather than the runic symbol itself:

"I could have titled my book 'Unearthing the Truth about Scott Wolter’s Hoax: X.'" (With the complete hooked X symbol.) This way, the recognizable symbol can be used without conflict, unlike the phrase. Also, it points out that Wolter's use of the hooked X amounts to a hoax.

Of course, Wolter didn't invent the hooked X, and it has been in public use for far longer than decades...try centuries. Just because it is--unfortunately as it turns out--a symbol used by Wolter, doesn't mean that the symbol is nonsense, or recently invented.

Clearly, Wolter has misused the image, which is a runic image, a well-known symbol going back to medival times, at least. The rune is on the Kensington Runestone, Wolter's base-line claim to fame. He claims that it is the secret symbol of the Knights Templar. Perhaps it was a symbol used by the Templars, but it was not a secret symbol, as it was used by other Christians, too, we now find out.

Wolter seems to have moved on from the Kensington Runestone, but he wants to keep the hooked X for himself? This is absurd. I heard him say the hook may represent an offspring of Jesus. What does saying this have to offer the historic Christian symbol? Nothing positive, that's for sure.

Does he deserve to own the phrase "hooked X?" In my opinion, no, as he seems to be in the process of publicly besmirching it. His misuse of it amounts to a hoax, I think, unless he really believes in a holy bloodline.

The hooked X deserves more respect. In my opinion as someone who believes in the authenticity of the KRS, the hooked X should not be overly-associated with Wolter, and definately not in any way "owned" by him. To me, the current situation is truly "comically ironic." (But a tad sad, too.)


Reply
Gunn link
5/19/2013 02:09:22 pm

I'd like to add a new hypothesis about the meaning of aged, triangulated stoneholes in rocks, since we're somewhat on the subject of the KRS...which was surrounded by a dozen or more of these strange rocks.

I went "out to the field" in SD a few days ago, and one of the things I took away from visiting a specific Wilmot farm area is this: it appears that one of the primary reasons the medieval Scandinavians came to the area around the Whetstone River was because of the many available rocks for "clearly" marking out land boundaries.

I'm speculating here, but perhaps some of the chiseled rock carvings accompanying stoneholes, such as the drinking horn and table knife carvings, may have been to further identify individual plots of land. What better way for coming back and identifying and proving ownership? Like a brand on cattle, a carved image in a rock could indicate who the newly-carved land (using stoneholes in rocks as boundaries) belonged to.

I also saw stoneholes grouped closely together (three), just as at Runestone Park on a knoll next to Runestone Hill, in MN. Perhaps three stonehole rocks together signifies the center of a land claim. The message on the KRS includes a reason for the journey: land acquisition.

Whoever carved and placed the KRS expected that someone would be returning to that location and find the memorial stone document, dated 1362. (The stonehole rocks probably pre-dated the placing of the KRS.)

By the way, the KRS appears to have been originally placed upright for display before being felled over and eventually buried, runes down. If Olaf Ohman had not discovered it clearing trees, a plow would have discovered it later on, as it was only several inches deep. It appears to have been upright for a period of time, then buried shallowly over time, based on a visible "ground line," or "stone-rub" line.

Sacred geometry would not have been needed to hide and relocate the runestone, since it was originally placed upright, in view. The many stoneholes in the location may have been simply to mark the land for future settlement. Or, perhaps sacred geometry was used earlier to conceal something else...or maybe the knoll was a ley-line ending point. There's plenty of room for fun speculation. Some of it may turn into helpful little puzzle pieces some day.

So then, if the dozens (hundreds?) of stoneholes weren't for mooring ships, what were they for? How about "land acquisition," as stated on the Kensington Runestone itself?

(You can see examples of aged, slightly triangulated stoneholes by going to www.hallmarkemporium.com/discoveries.)

Thank you for being open-minded.

Reply
Christopher Randolph
5/19/2013 03:56:49 pm

" it appears that one of the primary reasons the medieval Scandinavians came to the area around the Whetstone River was because of the many available rocks for "clearly" marking out land boundaries"

There's nowhere else in the world with rocks for marking out boundaries?

And having rocks to mark boundaries is the primary consideration as to why people settle places?

You are talking about settling and not visiting somewhere when you make the claim that boundary rocks sealed the deal (or, more bizarrely, were the deal). So again I'll ask you why no one has ever found the massive amounts of artifact evidence in that area that has been found everywhere else Vikings settled.

Keith
5/20/2013 01:44:39 am

Interesting hypothesis, but I cant say I have ever heard of triangular holes in stone used as a boundary marker.
Are there examples of vikings using this method of marking out land plots elsewhere in the world?

Jake
3/22/2015 11:25:33 am

Fuck you man your just jealous that he can find something that no one seen in centuries

Reply
terry the censor
3/22/2015 12:34:47 pm

@Jake

Well argued, young man. Be sure to submit that opinion to the Journal of Alternative Thuggery.

I will be sooooo jealous!

paul
8/4/2015 07:31:01 am

only its not a hoax , plenty of evidence has been found to support the hooked x theory , i fully believe the grail is a bloodline and not a chalice

Reply
Titus pulo
5/19/2013 01:23:20 pm

I can't believe he was granted a tm for that term. Starting up a cottage industry i guess

Reply
Christopher Randolph
5/19/2013 03:52:08 pm

I think these trademark, copyright and patent agencies pretty much rubber-stamp any claims that aren't obvious violations of previous ones. If "hooked X" weren't in a database and the person doing the paperwork weren't acquainted with what that refers to exactly I think the claim sails through. Whether or not that holds up to a challenge however is something else altogether.

One of the more shocking things I've ever learned - over at James Randi's site I believe - is that the US Patent Office regularly approves patents for designs that don't/can't work. Patents only have not to tread on previous designs; they don't need to do anything. Thus sometimes completely useless products are sold with accurate advertising that they have a patent, which sounds to some like a government endorsement of legitimacy. (Likewise the FDA will approve new drugs that don't work better than extant drugs for the same ailment - all a drug has to do is work better than nothing, not better than what we already have!)

If he tried to trademark "Mickey Mouse" that might set off someone's BS detector, but using the working name of a rune isn't something that I'd expect the average person to know offhand.

It's a shame that some government agencies of this sort are essentially being used to assist some people run scams. In some cases the resources are there to do something about and in others unfortunately I think people with more specialized knowledge need to step in and challenge the validity of certain claims (i.e. use Ms. Anderson's link above!)

Reply
Matt Mc
5/20/2013 02:16:49 am

While I am much more familiar with copyright law ( I encounter it all the time in the Television, editing world). I do know from my father that patents should be filed in the conceptual phase even if it does not work, as improvements are made the patent is updated. This provides the court of law (if needed) a documented process of the development and helps enable the court to determine if two patents that appear to be the same are actually the same ,for example I could invent a projector, and you could invent a projector and they both appear to be similiar but if we both reached the same result independently of each other using different process than no patent violation has occurred. Because Apple did this with the I-phone swipe screen they were able to demonstrate that Samsung copied the swipe screen on the galaxies last year.

Christopher Randolph
5/20/2013 04:09:46 pm

I wasn't specific enough here; I don't just mean that the invention hasn't been perfected yet, I mean that the invention could NEVER work because the patent is for outight quackery:

"Currently, the Quadro scam has re-emerged in a different guise, this time as a gimmick that is supposed to detect human heartbeats over long distances and through any barriers. The James Randi Educational Foundation, in contact with Sandia Labs in Albuquerque, New Mexico, suggested to them an experimental protocol that was then followed, and definitive tests of the “DKL LifeGuard” device showed clearly that it simply did not work; it was nothing more than a dowsing rod, operating on the same principles as the traditional forked stick. Yet this device has received a patent from the U.S. Patent Office! "

http://www.skeptic.com/reading_room/james-randi-on-quackery-and-the-need-for-science-education/

All the clerk is doing is checking to make sure that there isn't a registered patent for the same process... not that the device could ever work. The faulty device is then sold to the public advertised with a US patent, which suggests to most people (it certainly used to suggest to me) that it DOES something.

Tara Jordan
5/19/2013 04:32:02 pm

I was wondering,is Steve St Clair the intellectual property of Scott Wolter,or does it work the other way around?.

Reply
JJ
5/20/2013 06:15:01 am

yes, Keith- ESOP journal published the first article to suggest that the tri shaped holes in rock could be for boundary stones. More articles by the authors of that ESOP article are to be found on the net. It came out in 2007, not new as Gunn might project.

Reply
Gunn
5/20/2013 07:15:34 am

The main issue that Gunn might project, JJ, is that stoneholes were not used for mooring ships, a claim many folks have a hard time giving up on.

Common sense was required back when stoneholes were first being discovered. A check with the last glacial movement would have satisfied most that the landscape is generally the same now as several hundred years ago, not allowing for the idea of Viking ships being moored all over MN and SD, etc. Also most people would have understood that Native Americans did not bury their dead under water. Some of these "researchers" have insisted that Runestone Hill was a watery hub-point for extensive Viking ship sailing, even though the KRS came along 250 years after the Viking age.

The only thing I'm projecting is that the stoneholes were used for another purpose besides mooring ships: carving up land, mostly. Am I the first person to see this, JJ? No, I'm not. Is this new information? No. But then again, I was never sucked up into the nonsense of stoneholes being for mooring ships, either. Back to common sense.

Some of the early "pioneers" of locating and mapping stoneholes were off-base in guessing what they were for. Others jumped onto their bandwagons, at least for a while, right JJ? Of course, some folks immediately knew they couldn't have been for that purpose, based on science. Good ole Gunn is not projecting anything new, JJ, just something that makes sense.

Christopher, I was merely saying that if someone wanted to carve up a plot of land in a later recognizable way, such as in medieval NW Europe, stoneholes in rocks seems to be a way of doing it, as stoneholes in rocks would be fairly permanent compared to other attempted methods. A rocky, stoney landscape would be required...and desired. The rocks would not be in the way for grazing cattle or sheep. A carved image could then identify the individual making those particular stoneholes for that plot of land.

Reply
Gunn
5/20/2013 07:37:46 am

However, JJ, I am projecting for the first time, I think, the idea of linking the more rare Scandinavian images with specific ownership of parcels of land that were carved out using stonehole boundaries. In other words, what good would be marking up land without later being able to recognize who marked it, to claim it?

This may be only a small step forward to our understanding of stoneholes, but it is a new puzzle piece, I believe, explaining how the stoneholes and carved images, together, could later prove specific ownership.

Previously, I had read, I think in Wolter's book, that the carved Scandinavian images may have been the result of doing business with Native Americans. Perhaps that is true as well, combining the ideas of image-land ownership and Native American granting or selling of land.

Let's keep trying to understand more, as these stoneholes have stories to tell, right? Peace to you, Stonehole-Sister.

PokerCoals
2/22/2015 08:04:22 am

"Common sense was required back when stoneholes were first being discovered. A check with the last glacial movement would have satisfied most that the landscape is generally the same now as several hundred years ago, not allowing for the idea of Viking ships being moored all over MN and SD, etc."

Fewer beaver now.

terry the censor
5/20/2013 08:18:24 pm

Reply
The Other J
6/7/2013 07:37:04 pm

I think you may have the title for another book:

X Unhooked

Reply
John Christian Saxer link
8/7/2013 07:06:42 am

The "hooked x' belongs to the real owner not Scott Wolter. The x with a hook is a symbol represanting the line of isaac father to son till the end of time and belongs to the von Sax (from Isaac's lineage ) family the rightious rulers desinated by our GOD at that time! {as jacob stated on His deathbed.} Case closed by your AVATAR and priest-King not to mention world 's richest person and rightful ruler of Switzerland, Johannes Christian von Sax the actual Prince of so many unworthy Kings!

Reply
Brian Parsons
1/25/2015 01:21:06 pm

Scott Wolter seems second only to Obama when it comes to arrogance so I am not surprised to read this news.

Reply
OBAMA FOR KING
1/31/2015 02:29:42 pm

Obama's got a reason to be cocky,, like the FACT that unemployment is at 5%, gas prices are extremely low,, he has TRIPLED the stock market,, and 401ks are at a record high!! And doing all this while the Republican party tried to subvert his efforts at all costs like whiney school kids.. Also the man did catch Bin Laden WHILE helping to prevent any other large terrorist attacks on the USA..Just shows how terrible G W Bush was/is.. So go back to ur priviledged life that, I'm sure mommy and daddy set up for u by exploiting others,,keep watching ur FOX news propaganda and Shut ur Mouth!! Because Real Americans are doing something good for this country and not just a few old stale white family's. And this white man Loves Obama!!

Reply
Rick Woodward
2/10/2015 01:57:25 am

Jason, I think you are right about the fact that the trademark on the hooked x is pretty bogus. I know the true meaning of the hooked x and would be glad to share it with you. I am an archaeologist and have researched this for several years - hint: it's not as far-fetched as "some" believe.

Reply
Regina Reyes
7/16/2016 05:17:16 pm

I have found some slates and some crystal with the hooked x. These stones came from a cave I believe collapsed. These have pictures and scripture of where they traveled. I would like someone who believes in the hooked x. My find comes with dinosaur eggs that they painted pictures on. I need archeologist to confirm my find as I have several stones and they are legit. Stones ,dinosaur eggs and crystal stones with white markings I think for the crystal skull. They must of lived in that cave for a long time as I have scriptures from Egypt and other countries. I have a legit find and need help for someone to confirm.
Please email me if you live in Austin Texas and are interested in verifying my find.

Reply
Ed Tillman
10/18/2022 12:21:56 pm

In regard to Mr. Wolter's copy write to the Hook X. While in the early stages of writing my book, I came across the fact that he did get a copy write on it. And he was also using the power of such to keep people from using the term "Hook X". This troubled me since I was applying it into my book.
So I decided to write him to get permission to use this term in my book. After a two-month wait, I send him another form letter. Another two months pass, so I wrote the publisher, they were good enough to give me the rights by signing the form that I sent them.
But during the several passing months, wondering what I was to do if I did not get the permission. I came up with a solution to my problem. I simply change the name to "The Sacred X". And I do not have any plans to copy write this term because it's sacred, it belongs to God. So Scott is more than welcome to use it.

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