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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