

Editorial note: Today we will begin a series by skirt!’s founder, Nikki Hardin who tells the “herstory” behind skirt! magazine, skirt! books and skirt.com. This retrospective comes at a time of great growth and promise for skirt! We hope you enjoy taking a look at just how far skirt! has come.
In 1994, I was living on a tiny island off the coast of Charleston, South Carolina, broke and bored with being a freelance writer and longing to have something to read that reflected my life and the lives of the women I knew. So with no capital, it only made perfect sense to throw caution to the wind and start a magazine. After all I had no money, no collateral unless you count a rusty used car, no business plan and no prior experience in the magazine industry. Plus I was planning to start a liberal, feminist-oriented magazine in a bright red southern state, and I was 50 years old, an age when I always thought I’d be settled in a career, not taking a chance on a crazy idea. But it wasn’t the first time I’d gone out on a very shaky limb.
I was born in a rural town in Kentucky and went to small town public schools where I was always chosen last on the playground, failed to develop large breasts in high school and ached to be popular. I eloped on a Greyhound Bus with my boyfriend, when I was 17, just two weeks out of high school, and I was divorced at 27 with three kids to support. Instead of going to work for the post office, as my mother hoped I would, I took the most impractical route and started college when I was 29. I spent the next five years as a single mother and starting-from-scratch student.
If you drew a picture of my career path after I graduated, it would look like a road under construction, with plenty of detours, washouts, dead ends and exit ramps. Nothing in my past had prepared me to start and run a business, much less one that made money. I’m what The New York Times once referred to in an article as an “accidental entrepreneur.” I’m not daring or adventurous or brave. I’m shy, cautious, afraid of change (I even hate to change the clock in my car when Daylight Savings time rolls around) and risk-averse. Skirt! became a braver, bolder version of me, the woman I’d like to be, the woman that many of us wanted to be. In that sense, it’s both aspirational and inspirational.
The idea for skirt seemed to come out of nowhere or the universe or my subconscious, as I think all good ideas do. One day I was complaining to a friend about my life, my crappy career, being a failure, wanting more. He asked me what I would do if I could choose from anything at all, and I said, “Start a magazine for women”. Then do it, he said. I can’t, I protested, I’m 50. I don’t have any money. I don’t know how. I wanted it to be easy, and I was scared. I thought of a million reasons NOT to answer that calling, but the idea wouldn’t go away. I started talking about it to friends who urged me to do it. I’d take a few steps forward and then get discouraged and they would all lift me up and drag me along behind the idea. Without them, I would never have made it.
When I started skirt! In 1994, there wasn’t anything around quite like it, especially not for women. Our mission was to have a publication that spoke to all sides of a woman’s personality, so that’s why we sometimes describe it as part feminista, part fashionista . If we had an ideal reader, her name would be “Martha Steinem” because most of our readers are kickass liberals who also like to shop and cook and don’t think wearing lipstick means you don’t have a brain.
People were amazed at the first issue because no one had seen anything like it before. It was fresh, very bold, somewhat controversial. It was designed to look much slicker than a local free publication and the ads were meant to be just as stylish as the editorial, something no one else had bothered to do. Almost immediately, we established an emotional connection with our audience, because they sensed we were authentic, not a corporate product or an advertorial vehicle. We were passionate about what we were writing and living and believing, and it came across in print. Skirt! was the real deal, and it was speaking to women with real lives. Suddenly we were reaching women readers and consumers more effectively than daily newspapers or other publications that were much bigger and better financed.
Click here for Part 2 – skirt!® is embraced by women in other markets and in other products.
Oh yeah, and we've been using the skirt!® asterik since at least 1997 (that's as far back as we bothered to dig) back when this other site launched in '07 was not even an glint in their founders eyes. Give the flower a break.
Most bloggers who understand business, including blogher, agree that something like this was bound to happen.
Thats why many biz bloggers recommend doing a trademark search when you start your business.
Morris didn't register the skirt! trademark originally. Nikki did back when she was a woman trying to grow her small business - just like these ladies are trying to do now.
If you are talking about negotiations that may have occurred during the course of a lawsuit then you are privy to more information then me. I'm a designer and programmer, I don't get involved with the lawyers. I'm more worried about keeping the site running and designing new stuff.
Most of what's been written has come from blogher, thebloggess and the kirtsy chicks. No blogger or media person has contacted us.
As for Drupal being a good platform your absolutely right. I love it. We do reach out. The central module that runs skirt.com, the Domain Module, was given back to the Drupal community by Morris. There are a lot people building sites off of this tech.
You have a point on static content, and we are planning a series of improvements to skirt over the coming months to add more interactive features to the site.
As a first step to let them know we were serious, we did what most companies do, we filed a complaint with ICANN that was brought under UDRP. (This is not by any means a court of law. It is a domain arbitration board.) This board does not govern trademark law. You're right, they did rule against us and they did rule that the other site was not cybersquatting. We actually expected this. However, cybersquatting is very different from infringing on a trademark. From the beginning, this site was alerted that we would act to the full extent of the law to protect our mark and they knew they couldn't win. As a company, we would have never carried forth this action if we didn't know we had a case that would win. Believe it or not, we don't have money to burn either.
I'm not disputing that you were in the right legally. (I mean, Guantanamo existing is just barely on this side of legal too. You know?) But how you handled it public relations wise? Poor. Any business consultant would tell you this. On the internet, brand is everything. And it's very easy to win a battle while losing the war. While your lawyers are high-fiving each other, your name is being dragged through the mud because of the way that you handled this. Even if it is among a small percentage of bloggers online, that small percent represents some of the most influential women bloggers out there.
Don't shoot the messenger. I'm only telling you what is going on in emails, IM's and twitters. Blogs are a small fraction of what is seen.
And considering how many designers are a part of the blogging community, lifting the asterik from sk*rt to use in your design is obvious and tacky. The Internet Wayback machine has a long memory so it is easy to see when you began using it.
Public relations-wise, if I were you, I would ditch your lawyers now that this kerfluffle is over, meet with the Kirtsy girls and offer them some kind of truce. Perhaps a hell of a lot of exposure on skirt!.com. Or some other partnership. Start to patch up some of the bad rep you've picked up as a result of all of this. Is it better to be right? Or be successful? Sometimes right and rude can be very lonely in the internet world. Or even the business world. Learn from this.
I have no relationship with the Kirtsy girls. But, wow. When a situation handled in such a clumsy way goes down in the world of women blogging online, it is almost impossible not to notice.