The #cockygate situation deserves the urgent attention of anyone who works with the titling and branding of anything creative. It’s implications are huge and extend far outside one genre of fiction.
So what is #CockyGate?
Faleena Hopkins is an author who writes a series where all the books start with the word Cocky. She LLC registered trademarks to the word "Cocky" being used, and sent cease and desist notices to basically anyone with a book that has "Cocky" in the title, including people who had published their books before her own were published.
This thread on Twitter gives a good recap of everything happening with #CockyGate:
I’ve had a bunch of people in my mentions ask me for a summary of #cockygate #byefaleena, so here goes...with links, and some new additions at the end.— Courtney!!! Milan 🦖 (@courtneymilan) May 5, 2018
Here's an example of one of the letters the author sent out:
The message I received from "Cocky Gate". #freecocky #cockygate #rwa pic.twitter.com/HzAr4Qr9Ii— Jamila Jasper (@JamilaJasper) May 5, 2018
Legals have been joining the discussion. This article gives some good information about what is happening, and what you should do if you receive a similar notice regarding your own titles: http://legalinspiration.com/?p=503
Then there's the question of the font. She stated that she had trademarked the word "Cocky" in the font used on her books, but the creator of the font confirmed that it is not possible to do so.
Have not given any permission to trademark a design using my font and this is not permitted by any license I sell —— Set Sail Studios (@SetSailStudios) May 5, 2018
Some (make that a LOT of) authors are preparing legal cases to fight back
After a long day of reading manuals and legal cases and many, many more manuals, my legal challenge to the "cocky" trademark has been filed! #CockyGate— Kevin Kneupper (@kneupperwriter) May 7, 2018
Preparing a redacted version which I will link to shortly. Thanks to @legalinspire, @PiperTrace, and others for suggestions. pic.twitter.com/r542HL5rjO
As there is discussion about how legitimate the trademark actually is many are calling for Faleena Hopkins to be suspended until the case is resolved.
#Cockygate Is it possible to petition Amazon to suspend Faleena Hopkins Amazon account until she removed her fraudulent TM of #cocky— Shirley Wine (@ShirleyWine1) May 8, 2018
Readers are involved in the conversation too and giving some important insight that authors should not ignore.
With all the #cockygate drama, I just want to share my view as an avid romance reader. I was never confused about authors with same titles because their writing style speaks for them. Please don't insult reader's comprehension.— Florence (@florence_xiii) May 7, 2018
Some are raising some important questions that should make all writers think very carefully about what they use in their works.
Apparently her "Cocky Quarterback" is labeled in the book as playing for the Atlanta Falcons ... ... is that okay? I would have thought not, in which case she's potentially asking for attention for all sorts of things she shouldn't have been doing.— Jennifer L Collins (@wytwavedarling) May 5, 2018
Numerous readers are not happy with the author, and are showing it by removing reviews they previous posted for her books.
After getting no response to my email yesterday then reading this gloating tweet today, yeah, I'll be deleting EVERY SINGLE REVIEW I've posted about your books!!It's not just Authors you've upset with all of this 🙁😡#disgraced #cockygate #byefaleena— Debbie Turk (@DebbieTurk) May 6, 2018
If you visit the authors Amazon page you'll find that there are in fact a growing number of negative reviews being posted on all her titles.
There are also a lot of people sharing examples of authors who acted differently in a similar situation and those authors are now winning the internet.
What the real #cockygate should have looked like. #ByeFaleena #BeAMari pic.twitter.com/zoTjrA452d— Author Jenni M Rose (@jennimrose) May 5, 2018
Amazon and other book sellers will also have to be careful in how they handle the fall out of the whole situation.
UPDATE- RWA: Romance Writers of America (the trade association for romance writers) has tweeted Amazon's response to their requests:
Here's what the author had to say in reply to the reaction: UPDATE- The author removed her video from Facebook but I have since found a copy of it uploaded to YouTube:
It's still early days, and there is a lot to be resolved, but the whole situation will definitely have a huge impact of the publishing industry.
UPDATE- There has been another similar trademark request filed for "Rebellion" (by a different author).
UPDATE-
Amazon doesn't really care, does it? That's why she didn't bother sending me a cease-and-desist. Why negotiate in good faith when you can just swing Amazon's ban-hammer at me? pic.twitter.com/QVxbTS0af2— Tara Crescent (@TaraCrescent) May 7, 2018
UPDATE- RWA: Romance Writers of America (the trade association for romance writers) has tweeted Amazon's response to their requests:
Amazon has responded to our request to say that they will not be removing titles from sale until this matter is resolved and have reinstated those they previously removed. We are still in discussion with counsel as to next steps and will report more as we are able. https://t.co/MCheapueye— RWA (@romancewriters) May 9, 2018
Amazon assured us they are not pursuing this right now & we haven't been sent evidence that review removals are tied to it. If an author suspects their reviews have been removed as a result of this matter, they should contact their KDP rep & cc Carol Ritter, carol.ritter@rwa.org https://t.co/oJnktAwjxC— RWA (@romancewriters) May 9, 2018
Here's what the author had to say in reply to the reaction: UPDATE- The author removed her video from Facebook but I have since found a copy of it uploaded to YouTube:
UPDATE- There has been another similar trademark request filed for "Rebellion" (by a different author).
GENTLEFOLK OF #Cockygate - YOU ARE NO LONGER EVEN HALFWAY ALONE, see #rebelliongate : https://t.co/U868Mf6u0v— AthenaMinervaDevine (@authorAMDevine) May 10, 2018
UPDATE-
Rebellion is not an author TM, it is a company called Rebellion. One of the owners was very helpful at addressing concerns raised via Twitter and has now posted this. https://t.co/pL2cGfi30o— L.M. Brown (@LMBrownAuthor) May 11, 2018
