In 2006, Esther and Jerry Hicks tried to trademark the phrase “Law of Attraction,” which dates back at least to 1904 with Judge Thomas Troward. This is interesting, because Jerry Hicks, being a huge fan of Napoleon Hill, and a distributor at Amway, would have surely read Hill’s 1928, The Law of Success, which actually uses the phrase “Law of Attraction” repeatedly.
Why Jerry Hicks would think that he and Esther had exclusive right to a phrase he had previous exposure to, used in the same context, I’m not sure, but in 2006, they filed their request, through their lawyer, to trademark “Law of Attraction.” It was refused by the US Patent & Trade Office, who included various articles to show that Law of Attraction was clearly a term that had existed prior to their usage of it. Esther, Jerry, and their people responded, stating: “none of these articles suggest that LAW OF ATTRACTION is a concept that existed prior to the first usage by the Hicks in conjunction with their teachings in the area of self esteem and inspiration.”
They also included a declaration by Karen Sherlock (the Hicks’ Project Coordinator in March 10, 2008): “Paper Correspondence Incoming.” It said:
“At page 22, Esther begins to speak about an idea created by the Hicks that they arbitrarily named—the Law of Attraction.”
“Another philosophical idea created by the Hicks, and fancifully named “Law of Deliberate Creation” is discussed.”
Arbitrarily? Fancifully? Is this how we talk about information we allegedly receive from "infinite intelligence"? And is she really crediting them with creating an idea that had already existed in the early 1900s?
The examining attorney at the US Patent & Trademark Office responded to the Hicks’ lawyer’s claim that it lacked evidence to show that “Law of Attraction” existed prior to the Hicks’ usage. He stated:
"This is simply not true. The evidence shows that the term was in use as early as 1906 in connection with self-help and remains in common use today, separate and apart from its use by applicant."
The verdict?
"The examining attorney has provided ample proof that the term “law of attraction” was not coined by applicant, but is used in the self-help community to describe a particular form of self-help, and that the term has been in constant use since at least 1906."
Application denied! They are in the process of trying to get "Abraham Hicks Law of Attraction" trademarked.
“Another philosophical idea created by the Hicks, and fancifully named “Law of Deliberate Creation” is discussed.”
Arbitrarily? Fancifully? Is this how we talk about information we allegedly receive from "infinite intelligence"? And is she really crediting them with creating an idea that had already existed in the early 1900s?
The examining attorney at the US Patent & Trademark Office responded to the Hicks’ lawyer’s claim that it lacked evidence to show that “Law of Attraction” existed prior to the Hicks’ usage. He stated:
"This is simply not true. The evidence shows that the term was in use as early as 1906 in connection with self-help and remains in common use today, separate and apart from its use by applicant."
The verdict?
"The examining attorney has provided ample proof that the term “law of attraction” was not coined by applicant, but is used in the self-help community to describe a particular form of self-help, and that the term has been in constant use since at least 1906."
Application denied! They are in the process of trying to get "Abraham Hicks Law of Attraction" trademarked.