GRR EDITORIAL: Cocky-gate needs to be nipped in the bud

If you read romances, you've no doubt by now heard of "cocky-gate". The TL;DR version is an author called Faleena Hopkins managed to get a trademark on the word "cocky" (she wrote a series called the Cocker Brothers, and they are all names Cocky this and Cocky that), not just when it's specific to romance, but in general. And she's threatening to sue other authors who used the word "cocky" in their book titles, even if they are published BEFORE her trademark. For a more detailed view, read this Vox article.  And another view from Firebrand Publishing

I have yet to review a book in the Cocky series, but I have reviewed one of her earlier books, "You Don't Know Me".  The characters are mostly douchebags or hormonal driven. At best, it was an average book and I may be generous here with my rating.

So why her sudden urge to trademark the word "cocky"? I can't claim to know her mind, but I do know of a similar circumstance.

Did you know someone tried to trademark the word "scam" as for use on the WWW? No? Had he succeeded, no one can use the word "scam" on the Internet. That'd be OUTRAGEOUS, right? You thought I was kidding? Nope. See for yourself.

Robert L Craddock tried to register an internet trademark for the word "scam" back in 2012. 

You can trademark a lot of things. The Fedex logo and the term Fedex is a trademark. Indeed, there are boardgames and colognes currently bearing the trademark "scam". But this is a character mark. In fact, in the application, the applicant, Robert L. Craddock stated specifically that

"[the word "scam'] has become a recognized that that the services we provide give assured protection against. This term has a negative sound and it is for this reason that it is imperative that because this word is used in a negative way and for the last 15-years has been the center of the positive work we do for seeral hundred clients that we need to apply for protection on the use of the word mark SCAM."

I've copied that section EXACTLY as is, including the non-sensical un-grammatical language.

You can draw your own conclusion about what sort of companies would need Craddock's services to protect them from the word "scam". To me, this means he intends to PREVENT OTHER PEOPLE from using the word "scam", esp. in relation to his clients.  Anyway, that particular trademark was denied.

It was perhaps, karmic retribution that Craddock later ended up serving a six-month Federal sentence for scamming the Federal government by falsely claiming over $135000 in damage from a Florida Gulf oil spill that happened in 2010.  Craddock was also a major player in the ZeekRewards ponzi scheme that rocked the US back in 2012.

And the parallel to cocky-gate is a little thin, but it's there.


Anyway... this is that GRR has to say about cocky-gate:

IMHO, the trademark on "cocky" should be invalidated for the following reasons.


It's too generic

"Cocky" -- (adj.) conceited or arrogant, especially in a bold or impudent way

That would have described vast majority of the male main characters in romance novels, IMHO, esp. the "billionaire" and "alpha male" romances (or even the mountain man, MC, and military ones too)


It's too underhanded

According to the Vox article, the instigator, Faleena Hopkins, gave no time for other authors to change titles and covers. She, or her representative, directly contacted Amazon and as a result, the affected authors had their book suspended (i.e. cannot be purchased), and it's not know how many other authors or eBook vendors (such as B&N's Nook platform, iTunes Books, and Google Play Books) are affected. The situation was so bad, Romance Writers of America, the industry organization, had to intervene with Amazon, and has hired a lawyer to review the situation.


It sets a dangerous precedent

If one author can trademark a common word in romance, what's to prevent someone trademark some generic term in other genres? Like "Warp speed" for science fiction? Or perhaps "AI drones" for military fiction?

Join the petition to invalidate her trademark.