"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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What's in a (Pen) Name?

If you haven’t yet fallen into the #cockygate rabbit hole, let me be the first to congratulate you – and maybe caution you. Romancelandia has been in an uproar for the past month after it came to light that self-published erotic romance author Faleena Hopkins requested and received a trademark for the word “cocky.” The world of romance is filled with lawyers who are convinced the trademark is weak and will not stand up when challenged in court; one petition to cancel the trademark has already been issued, more by none other than Romance Writers of America (RWA) and the Author’s Guild are in the works. 

So, if the legal battles are already under way, why do I mention this at all? If the trademark of a generic, common-use word is allowed to stand, many more authors will follow suit and once that Pandora’s box is opened, where will it end? It won’t take long before authors can’t write anything more than their names without the possibility of a lawsuit. (Faleena has been wielding her trademark registration like Thor’s hammer.) If you’d like to know more, I recommend Jami Gold’s summary HERE.

Image courtesy of www.depositphotos.com

 

Now, you ask, what does any of this have to do with the title of my post? One of the defendants of the lawsuit Ms. Hopkins filed in the Southern District of New York is Tara Crescent, a fellow erotic romance author; Tara writes under a pen name. In the portion of the trial which took place last Friday, June 1^st, one of the things the plaintiff requested was that Ms. Crescent be forced to release her real name and address. Say what? Many authors use pen names and the reasons for doing so are as varied as the authors themselves. For some, especially when you get into the sexier sides of romance, the author uses a pen name to protect their family and even their job from the backlash that would occur if they were outed. Many parents wouldn’t take kindly to learning their child’s kindergarten teacher is the author of BDSM romance. Now that’s just an example I made up but there are already people who have lost jobs in similar situations. Attempting to use the court to force someone to out themselves is… worrisome. Fortunately, at least for now, the court denied the request. 

After the trial Ms. Hopkins made a post basically stating that anyone using a pen name does so because they are ashamed of what they write. (She no longer uses a pen name.) Hearing this from a member of the romance community saddens me; this is the sort of thing romance writers have to deal with from the outside world all the time. We should be safe from such accusations from our peers.

My pen name is Isabella Norse. Why did I choose to write under a pen name? When I first began writing for publication, I didn’t want anyone – not even my family – knowing what I was doing. (Only my husband knew.) I was never ashamed of what I wrote but I knew that there were some who would be shocked by my sexy first book. But, the main reason I chose to write under an alias is my day job. I work in a male-dominated field and I didn’t want any chance of someone stumbling across one of my books requiring me to put up with the joking/not joking wink wink nudge nudge sort of “banter” that would be directed my way every day.

I did eventually out myself to my friends and family. I couldn’t bear the thought that my mother, the woman who gifted me with a love of reading, might never know that her gift eventually lead to me writing books of my own. My friends and family have been nothing but supportive and both of my parents were so, so proud of me. 

I plan to retire from my day job in a little less than a year. At that point, it will no longer matter if former coworkers know my secret. I have an inspirational romance series in the works and I have realized that it is very important to me that that series be published under my real name. I will probably keep my pen name alive as a way to differentiate my subgenres, but I will make no secret of the fact that Izzy and Linda are one and the same.

What is your opinion of pen names? Should authors be forced to reveal their real names?

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