Cognate's Trademark Blog

Well That’s A Bit Cocky… Author Secures Trademark For Word “Cocky”

Apparently only if the word appears in the title of a romance novel…. but still. A quick search of google images certainly stretches the concept of romance too !

 

Tech Dirt report

Over the weekend, the unlikeliest of hashtags began to draw attention on Twitter: #cockygate. There are a million places one’s mind could go without further information, but most would only be partially correct. It appears a romance novel writer, Faleena Hopkins, decided her recently-registered trademark should be wielded as a weapon against any other author using the word “cocky” in the the title of their books.

Writer Jamila Jasper apparently was apparently one of the first to receive a cease-and-desist from Hopkins. Here’s the legal threat in all of its misinformed glory.

My name is Faleena Hopkins, author of the Cocker Brothers, The Cocky® Series.

The Federal Trademark Commission has granted me the official registered trademark of the word/mark “Cocky” in relation to romance books, no matter the font.

Trademark Registration number: 5447836

I am writing to you out of professional respect so that you may rename your book “Cocky Cowboy” which shares the same title as my book, and republish all the versions (ebook, paperback and audible) on Amazon to keep your ratings and money earned.

My attorney at Morris Yorn Entertainment Law has advised me that if I sue you I will win all the monies you have earned on this title, plus lawyer fees will be paid by you as well.

I will do that — but I’d rather give you the option.

I have had this series established since June 16, 2016 and I take all of the hard work I put into establishing it, very seriously.

Your hard work I also take seriously.

You have the opportunity to adjust, rename, and republish before taking further action. You can do so on Amazon without losing reviews.

So… there’s a lot to unpack here, starting with the nonexistent “Federal Trademark Commission.” (Grants come from the US Patent & Trademark Office — a fact you’d think someone with a registered trademark would know.)

Read on at  https://www.techdirt.com/articles/20180507/11303539791/romance-novelist-secures-trademark-word-cocky-begins-beating-other-novelists-over-head-with-it.shtml

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