I struggled with how to title this post. When I first heard about this whole trademark on the word “Cocky” thing, I was shocked. I didn’t know what to say. Then, after a few days, I grew worried over what this will mean for the future of being a writer because this kind of thing of trademarking commonly used words stifles creativity. Over the past couple of weeks, I became aware of other words that were in the process of being trademarked, and I just shook my head in disbelief this was even happening. Then I found out about someone trying to trademark the word “Forever” yesterday, and that’s when something snapped inside of me. I also heard something about “shifter world” being possibly trademarked, but I didn’t see too much about that. (As a side note, it looks like the author isn’t going to go through with trademarking “Forever” so that’s good.)
But anyway, now I’m mad. It’s taken some time for me to soak in the ramifications of what this whole #cockygate thing really means. It’s not just about the word “Cocky”. It’s not just about Falenna Hopkins. I had no idea who Falenna Hopkins even was until I found out she had trademarked the word “Cocky” and was threatening authors with C&D letters to change their titles just because she doesn’t want other authors to use that word in the title of their books. Kevin Kneupper sent in a petition to cancel the trademark on the word “Cocky”, so I thought this was all going to go away.
Then this morning, I wake up to the news that Faleena Hopkins (and her company) has gone to a lawyer to take legal action against Kevin Kneupper, Tara Crescent, and Jennifer Watson. Now, I have no legal background at all. I don’t know what a Temporary Restraining Order against Kevin’s Petition of Cancellation means. I also don’t know what this means for Kevin, Tara, or Jennifer.
In my gut, I don’t see how Faleena is going to win this in court. It might be dragged through the courts for a long time. It might get expensive. From what I’ve seen so far, it doesn’t look like she intends to quit. But I don’t think she can prove that she has the sole right to trademark that single word. Again, I don’t have a legal background. All I’m using is common sense. And common sense tells me that this is just crazy.
The reason I’m upset is because this should never have gotten this far to begin with. I can’t imagine why any author would think they can have ownership of a single word that has been used for a long time in the English language. Then this author threatens other authors with C&D letters, and now she’s blown this even further out of the water with legal action. It boggles my mind that this is even happening.
The reason we need to care is because innocent authors are being hurt by this. I have noticed that Faleena hasn’t targeted the big name authors who might have deep pockets to fight back. I love this particular video that Suzan Tisdale, so let me share it with you really quick:
I almost forgot about Faleena going after the Cocktales Anthology. I don’t know enough about how she’s going after the anthology to talk about that particular situation, but here’s a link for more information on the anthology itself. I watched the video at the bottom of the post that I just linked to, and I agree that this issue is much bigger than the trademark of one word. It is about one author preying on others. If we sit by and let one author silence the rest of us, then our creative expression is in danger.
That’s why I’m making this post. I’m not shocked anymore. I’m not even worried about it anymore. At this point, I’m mad. Sometimes you have to say, “No, this is not appropriate. This isn’t right.” One author should not take one word that is commonly used and forbid others to use it. That is bullying behavior. It’s wrong.
One thing we have going for us in the indie author community is that we understand how precious words are. We use them to touch the lives of our readers. We are blessed by them as we write them. I can think of no other activity I’ve ever done that has fulfilled me as much as writing has, and I think most writers would agree with me. We write because we love it. And I think freedom to write what we want and title our books however we want are extremely important. It’s very encouraging to see how authors are coming together right now. This isn’t just about a single word. It’s really about creative expression. No one should have the right to squash it.
If you would like to buy the Cocktales Anthology, here’s the link for more information about it. *ALL* net profits will be donated to: 1) Authors already impacted by creative-obstruction (10%), and 2) Romance Writers of America (RWA) (90%) as a general donation intended for their Advocacy Fund. (Disclaimer: This anthology is not being conducted on behalf of RWA, nor does RWA endorse this anthology or effort. They have, however, graciously agreed to accept the funds.)