Some call it CockyGate, others call it outright stupidity. Whatever you call it, this is a story of how an indie author attempted "own" a word. Yes, just like when Facebook tried to copyright the words "face" and "book" - indie author Faleena Hopkins attempted to use the US trademark system to eliminate anyone from using that word in their books or titles. And it almost worked, too. How?
You see, anyone can file for a trademark. This is done via the U.S. Patent and Trademark Office - something that you can even do online. Most filings require that they be specific in order to be approved. Not just a word, but a usage. Or, a more specific concept, word, or phrase. Faleena filed for two claims on the word "cocky" - one including a specific font type designed for the project. That one is least problematic, discounting the fact that fonts themselves can't be trademarked in the US. Her second claim however is much more general. The premise for both being that the word "Cocky" plays an important role in her works - which one can't deny. The main character's surname is Cocker, and thus aside from her antics would have been excellent branding. Cocky appears centrally in most, if not all, of her series titles. However, it's what she does after filing the claim that sparked #CockyGate
Faleena Hopkins wasted no time in sending several cease and desist letters to other independent authors. Here's an example of what one of those letters looks like, send to author Jamila Jasper:
However, many readers have probed and noticed that it is unlikely that a lawyer would advise her in such a way. To pronounce that she was "likely to win such a case" and the general manner of the application make it altogether unlike the sort of protocol a legal adviser would follow. It just doesn't track. This behavior among a host of other actions speak to her character, as well as their intentions. Hopkins is attempting not to protect just her work, but to quash her competitors in her genre and other genres as well. She's hiding behind a false shield if legal authority and attempting to strongarm other authors out of the business - and it's working. That letter sent to Jamila Jasper was concerning enough her her to remove her book entirely.
There was even a petition to request that the Tradmark Office remove the trademark claimed by Faleena. https://petitions.moveon.org/sign/cancel-faleena-hopkins
For while it was approved back in April 2018, her actions under the trademark do not constitute proper protection under what trademark defines. Even the designer for her font on the initial filing has reached out to confirm that the author didn't even have permission to use that font, let alone to use it tofile a unique trademark with it as its sole premise. Two bad trademarks, and a host of rude actions tell us just what kind of person Faleena Hopkins is - surely another name to go down in infamy along the likes of Lani Sarem and M R Mathias. Lucky for many, the petition was successful! Due to public outcry and the actions of the author, the Office removed her trademark. So... it's over, right?
Not quite. You see, it gets worse. Amazon - the ebook and commerce website that hosts Hopkins' titles is synchronized to comply with current filings of the trademark office. As her trademark was approved, both Amazon's automatic and human-driven processes picked up on the trademark, and began removing titles which had the word Cocky included. However, after backlash from those affected, Amazon made the decision to pause takedowns until the issue was resolved. How gracious. Praise the mighty god of Amazon, Jeff Bezos! He's looking out for the little guy alright. Just as long as you remember that he owns you. Amazon decides when and if you can get paid for the novel you spent the better part of two years - more in some cases - writing.
While the first hurdle has passed, readers and authors can only wait with baited breath to see how this "cockamamey" situation resolves itself. In the meantime, you can read one of many light-hearted stories that have come out in protest of Hopkins. There's even an anthology, called "Cocktales" which will donate all of its proceeds to assist authors affected not just by this controversy but also a whole host of other problems. The Romance Writers of America - a group Hopkins should be helping, not hurting - will use these to be the man in the corner for anyone who is a victim of selfishness like what Hopkins has displayed.
Buy Cocktales here: https://www.amazon.com/Cocktales-Penny-Reid-ebook/dp/B07D41XGR3
The latter note comes not as a sponsored mention, but rather a philosophical call to action to fight for a genre that gets looked down upon not just by an industry but by a profession. Romance authors earn not just the scorn of big publishers who use them as an example of "poor writing" in indie publishing, but also indie authors themselves, who feel it makes the entire indie publishing scene a bigger target, and perhaps a poor example of what "true art" looks like. Like that's even possible to define. But that's just a result of the shame the public puts on anything that celebrates female sexual independence. But that's a whole other topic which deserves its own blog post. Until then, may the cock be with you.
Er... Stay Cocky? That's better. Thanks for caring.