Have You Heard About the ‘Cocky’ Cock-Up? Part 2

Now that you know what we’re talking about (because you read the earlier post below), here’s another (but not so very different) perspective:


TRADEMARK SHENANIGANS: WEIGHING IN ON #COCKYGATE
by Victoria Strauss

If you’re a writer, and you hang out on Twitter and Facebook, you’ve probably heard about #cockygate.

If you haven’t….An author named Faleena Hopkins has registered two separate trademarks for the word “cocky”, which is used in all the titles of her multi-book romance series. One of the trademarks is a design mark (the word “cocky” in a stylized font, as seen above); the other is a word mark (just the word “cocky”). Both refer to “a series of downloadable e-books in the field of romance” and “a series of books in the field of romance.”

That description is significant. Because over the past week, Hopkins has begun threatening other romance writers who use “cocky” in their titles–even where those titles are not part of a series, or the word is not used in a series title–with legal action unless they re-title and re-publish their books.

Hopkins says (according to private messages that have been shared with me) that she’s “not after people’s livelihoods”. She also doesn’t think what she’s demanding is a big deal, because taking down and re-publishing a book is “very simple. So easy.” Of course this is a ridiculous claim–especially where writers have multiple editions on multiple platforms, not to mention financial investments in swag, advertising, websites, and other branding efforts.

There’s been plenty of coverage of this bizarre incident. Legal experts have weighed in as well. I spoke with trademark attorney Brad Frazer, who provided me with some clarifying information on a complex and confusing issue….

Read it all at Writer Beware


LB’s NOTE: In other words, in the immortal words of our friendly neighborhood interwebs: “WTF?” More to come, I’m sure.