Thursday, May 10, 2018

#CockyGate2018 - Trademarking the word Cocky, Dirty Trick by a Desperate Woman

If you haven't already heard about #CockyGate 2018, take a look at some of the links I'm including here because it is the lowest form of scummery on the planet. A romance author by the name of Faleena Hopkins has trademarked the word Cocky. WORD, not a phrase, not a brand, just a simple word that has appeared in the English dictionary for decades!



There's a number of people working on fighting this TM, including a retired IP lawyer turned author, because it will impact and has already impacted quite a few authors. Websites are removing anything with the keyword cocky, anything in the title with cocky, etc., even if the book was published prior to her TM. Ms. Hopkins has also been sending Cease and Desist letters to authors demanding they change their titles, covers, and audiobooks (if existing), otherwise she will pursue legal action on them and any money earned will become hers along with the author losing any ratings and reviews they have received.



Her audacity is off the charts! She even made a video on her Facebook page (no longer existing) that she is demanding the people who are angry to just shut up and deal with it. As if this isn't going to cost them losses in revenue and hurt their overall brand. She claims she's starting a brand of her own and everyone needs to stop "riding her coattails".



The IP Lawyer, Kevin Kneupper, has filed a petition with the Patent and Trademark Office to cancel her trademark. You can read his petition HERE. It has been redacted so you cannot read individual information, but Mr. Kneupper has done a very thorough bit of research for this and is extremely versed in TM law. I believe with just his petition alone it will be cancelled.

However, RWA has also gotten involved and has hired a lawyer as well. They are asking anyone who has been contacted by Ms. Hopkins to get in touch with them with details. Carol Ritter (carol.ritter@rwa.org)

There's a lot of resources that you can review to see coverage of this atrocity, but below are some links to catch you up.

The Guardian - Coverage about #CockyGate2018

Legal Inspiration - Unduly Cocky Author

Pajiba - Cocky Writer

The Digital Reader - Harry Potter & the Audacity of This Bitch

Romance Writers Fight Back - Youtube Video

#CockyGate The Cocky Trademark Controversy Youtube Video



And there are lots more. Google CockyGate or Faleena Hopkins. You'll find dozens of youtube videos, many blog posts, and more about this situation. There is also a petition you can sign if you want to help! Sign the Petition Here!

Until the petition by Mr. Kneupper is reviewed by the PTO, many authors are going through a nightmare as their, possibly only, source of income is threatened. And you have to question, what does this mean for the future of romance and all genres for that matter. What about if you use the word inside the body of your work? Does that get affected by this too? Will there be people trademarking every day words after this if she does win? That's a scary thought for everyone in the author industry. We can only wait with baited breath to see what happens at this point.

Ms. Hopkins, you should be ashamed of yourself for not seeing where you're wrong and need to stop deluding yourself into believing changing something is as easy as all that. Some indie authors don't have the money to make the changes you're demanding. #byefaleena #cockygate #crazybitch





~J.R.~



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