"Now Everybody and Anybody Can Write a Cocky Book"

This is not the post I planned to write for this month. As a matter of fact, I had another post written and scheduled. But, since I have been writing about all things #cockygate, I decided to delay my original post until next month so I could give you the latest. (Did you miss my earlier posts? If so, you can read them HERE and HERE.)

#cockygate is over. Yes, ladies and gentlemen. You read that right. At the end of June it seemed a settlement had been reached which would go into effect July 6, 2018 if there were no issues. Of course, as there have been since the beginning, there were issues. Surprised? No? Me either. After finger-pointing and accusations by the lawyers for both sides, it seemed that the settlement was going to go the way of the dodo. But, after the judge gave everyone one last chance to play nice, amazingly enough, they did. The settlement was accepted by all parties and the case was dismissed with prejudice.

Now, I don’t know about you but when I hear the phrase “with prejudice,” nothing good comes to mind. However, in the world of legalese, it turns out that “with prejudice” is a positive thing. Basically it means that neither Faleena Hopkins nor her company, Hop Hop Productions, can bring suit against these plaintiffs on these same charges again. Ever. But, since the settlement included Faleena dropping two of her three trademarks, the issues that caused the suit are now null and void. Hop Hop Productions has filed the paperwork relinquishing the two trademarks on the word “cocky.” One trademark was for the word in any font, the other was for the word in the stylized font Faleena uses on her book covers. While both trademarks were problematic, the second one was exceptionally so since the Terms of Service of the designer of the stylized font specifically states it cannot be used in a trademark. Faleena’s trademark for “The Cocker Brothers” still stands, as it should. After all, that is the name of her series and, in my opinion, is the only thing she should have trademarked to begin with.

As she is prone to do, Faleena released a (for once, short) video about giving up her trademarks. She still seems clueless as to why everyone was so upset and why so many of the things she did was wrong but she has oh-so-graciously stated that “now everybody and anybody can write a cocky book” – you know, so we can be discovered when people are searching for her books because no one else used cocky before her. Ah, the hubris.

Crow it from the rooftops! Cocky has been freed!

But, levity aside, #cockygate has opened many eyes – mine included – to the importance of keeping an eye on pending trademarks.

Over the last few days I have stumbled across non-publishing related trademark debacles that boggle the mind. Are you ready to see how deep the rabbit hole goes? (A reference to the movie The Matrix for the non-nerds in the audience.) Alrighty then, hold on to your butts! (Jurassic Park reference this time. I’m on a roll!)

First, Baa Ram Ewe, “an independent manufacturer, distributor, and retailer of Yorkshire wool and related goods” has existing trademarks for TITUS, DOVESTONE, and of course BAA RAM EWE. Now, Diamond Yarn, a former distributor of Baa Ram Ewe products in Canada, has filed for trademarks on Baa Ram Ewe’s existing trademarks! This one makes my head hurt. How can anyone even think this is a good idea? Needless, to say, Baa Ram Ewe has come out lawyers blazing. I’m over here cheering them on from the sidelines.

Second, a Caucasian male, owner of a small restaurant chain (based out of Chicago) named Aloha Poke Company, applied for and received a trademark on his company name. He is now suing native Hawaiian business owners for using the words “aloha poke” to describe their own businesses. That’s right, he is suing natives for using words in their own language to describe their native food. This guy has some major cajones. As with the #cockygate fiasco, I don’t see #alohapoke ending well for him.

While I find all of these subjects weirdly interesting I promise to move onto a different topic next month. Well, unless something else crazy happens, LOL.

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