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Cockygate

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Cockygate[edit]

Cockygate is a scandal that occurred in publishing community in May 2018. Cockygate got its name from the Twitter Hashtag #cockygate. In April of 2018, romance author Faleena Hopkins received a trademark registration for the word "cocky"[1] for the name of her series, which contained 18 books, all of which began with the word Cocky[2] (including Cocky Roomie, Cocky Biker, Cocky Cowboy, etc.). After receiving the trademark in late May, Hopkins began sending cease and desist letters to independent authors who had the word Cocky anywhere in their book title, not just their series name. Many authors became upset, as cocky is a common word used in Romance novels, and if one author had the exclusive right to use the word via the trademark, many authors would be blocked from competing[3] in popular genres.

The Trademark[edit]

Trademarks are a form of protection for the Intellectual property rights for words, phrases or images that are associated with a product or brand[4]. In this case, Hopkins received two trademarks, one for the specific font and design of the word cocky and a second to use the word itself in association with her series. It is common for businesses, including authors to trademark phrases that identify their unique brand, such as Harry Potter. Trademarks are issued for a particular mark in relation to a particular service, item or industry. That is why Apple computers and Apple music existed for a long time with similar marks. Once Apple ventured into music, the trademark situation changed[5]. Hopkins' trademarks were for ebooks and traditional paper books in the romance category.

The Cease and Desists[edit]

Hopkins began sending cease ad desist letters, and alerted he online retailer Amazon.com that several authors were violating her trademark by using cocky in their book titles. Several authors had their books removed from sale on Amazon. In a letter sent to author Jamila Jasper, Hopkins said, "My attorney ... 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."[6] Hopkins sent these letters to self-published authors, many of whom did not have the resources to wage an expensive legal battle. Co-Authors TL Smith and Melissa Jane changed the title of their book from Cocky Fiance to Arrogant Fiance after receiving Hopkins' letter.[7] After learning that several authors had been contacted by Hopkins, the Romance Writers of America, an organization representing both traditionally published and self-published romance writers, became involved. They requested all affected authors contact them. The organization then negotiated with Amazon.com, convincing the company to stop removing titles that contained the word "cocky" and restore books that had been previously removed.[8]

The Response[edit]

Several authors were outraged by Hopkins' trademark, suggesting that if more people used tactics like her, it would stop the use of common romance words like alpha male, billionaire, or sexy.[9] Author and attorney Kevin Kneupper filed a petition with the US Trademark Trial and Appeal Board seeking to have Hopkins' cocky trademark canceled.[10] Hopkins maintains that she is simply a businesswoman trying to protest her interest. In a Twitter post, she said her fans were confused by similar titles with the word Cocky in them.[11] She spoke for more than an hour on Facebook live, about the issue, but later deleted her Facebook page. In addition to #cockygate, the Twitter hashtags #ByeFaleena and #StoptheCockBlock were used to describe the controversy. As of May 9, 2018, Amazon has stopped removing books over Hopkins claim of word ownership, saying it will allow the authors to work things out. No additional response has come from Hopkins, the RWA or other authors affected.

References[edit]

  1. "Trademark Status & Document Retrieval". tsdr.uspto.gov. Retrieved 2018-05-10.
  2. "Cocker Brothers, The Cocky Series (18 Book Series)". www.amazon.com. Retrieved 2018-05-10.
  3. Flood, Alison (2018-05-08). "Romantic novelist's trademarking of word 'cocky' sparks outcry". the Guardian. Retrieved 2018-05-10.
  4. Trademarks. "Trademark, Patent, or Copyright?". Retrieved 2018-05-10.
  5. "Apple Corps v. Apple Computer | Intellectual Property". sites.udel.edu. Retrieved 2018-05-10.
  6. "Jamila Jasper on Twitter". Twitter. Retrieved 2018-05-10.
  7. "Author Trademarks a Popular Word in Book Titles – What Does It Mean? AMAZON SALES BLOCK – Author Grow". authorgrow.com. Retrieved 2018-05-10.
  8. "myRWA : Blogs : Trademark Information (Updated)". www.rwa.org. Retrieved 2018-05-10.
  9. "Romance Novelist Secures Trademark For Word 'Cocky,' Begins Beating Other Novelists Over The Head With It". Techdirt. Retrieved 2018-05-10.
  10. Board, Trademark Trial and Appeal. "Trademark Trial and Appeal Board". Retrieved 2018-05-10.
  11. "Faleena Hopkins on Twitter". Twitter. Retrieved 2018-05-10.


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