Free the Words! - The Impact of #Cockygate
Disclaimer - This is a lengthy read. There is a TL;DR version near the bottom.
For a good chunk of the month of May I have been diligently - and at times not so diligently watching the #cockygate drama unfolding on Twitter.
I've probably neglected a few things in as this battle began and continued to unfold.
What is #cockygate?
An author - who shall not be named - decided to trademark a word for her ebook series of ... romance novels. Once the mark was approved she sent cease and desist letters to a handful of authors testing the waters before going after her real target, Tara Crescent, a menage MFM erotica book author.
*Note* These other authors, with similar titles - NOT series titles as the trademark pertains to, Titles - either had to pull their books, retitle their books, or face the wrath of #CockyAuthor and her *ahem* lawyer.
Now, while all that seems within her legal rights, #CockyAuthor forgot a few things. Her series title (what was trademarked) was not in use before Crescent titles her two book series, The Cocky Series. In fact, Crescent's first book in the series was published BEFORE #CockyAuthor had 1.) filed the trademark, 2.) changed her series title. Point two did not happen, and for some of the series still hasn't, until late April 2018 (the actual date alludes me at the moment).
Example - This would be like if I trademarked 'Sisters' instead of my complete series title 'The Hastings Sisters Series'. The second is acceptable provided I can prove that I'm the first to title a series as such. The first is just being a jerk.
Note* There is also a stylized mark for cocky, using a font that 1.) can't be trademarked under the designer's TOS, 2.) there is no proof she bought the font, and 3.) the designer cannot afford to go after the illegal trademark.
But... but... but... That is romance. It in no way impacts your young adult books.
This trademark issue impacts all creatives. Already LitRPG, (briefly) rebellion, (briefly) forever, (currently) Beaumont (same author as forever), and shifter world have had trademark applications sent out.
It is on the applicant to prove that they used that word first, and if they don't provide the info proving it was already in use...
So already are we beginning to face a world were indie authors are being pitted against other indies with more money, but we are facing potential loss of words to use in titles AND lawsuits.
Brave hero/self-published sci-fi author/retired patent lawyer Kevin Kneupper came out of retirement, used his own money, and so much of his time, to do what he could do - send an expensive letter of cancellation to the USPTO to start the process of setting cocky free.
During this time #CockyAuthor also reported the trademark violations to Amazon (without the C&D letters) resulting in Crescent and several other authors' books being pulled.
But not the books featuring 'cocky' in their titles that came before #CockyAuthor's books...
Because everybody after her was copying her, copying her stock photo cover models. People were accidently buying others cocky books thinking they were hers. All this was to protect her brand...
Because readers don't read the authors names on the book covers...
Because multiple people cannot use the same stock photo, font, etc...
*Note - Amazon has a relatively easy return policy if you accidently buy a book. There's even an accidental purchase option on why you are returning a book!
Romance Writers of America - henceforth RWA - looked into things. (RWA is very much like a union for romance authors.) They managed to get Amazon to release the locked out books and get them to take a step back as the question of the legality of the trademark was being questioned.
It gets better. Or worse depending on your position.
Instead of back tracking and apologzing for this mess, #CockyAuthor decides to sue Kneupper, Crescent, and a publicist for a collective of cocky satire (the satire genre is not under her trademark, only romance). Kneupper also has a restraining order against him - the legalise was too much for me to get the why and he's, understandably, being vague with his postings.
Yes, #CockyAuthor is suing the lawyer, a fellow self-published author, and a book publicist who all protested the trademarking of a common word.
Nobody should ever own a word. If this continues a handful of people will be able to write and publish and the rest of us will be silenced.
TL;DR version
#CockyAuthor trademarked a word for use in her book series. A word she did not use in her book series title until AFTER the trademark was approved.
Word was already in use by other authors.
She sent out (not her lawyer) C&D letters challenging authors with similar book titles (not series titles)
She then bypassed the C&D letters and sent notifications to Amazon to get Crescent's books pulled. RWA interfered.
Kneupper sent an appeal to USPTO to revoke the trademark.
#CockyAuthor countered by suing him, Crescent, and a book publicist.
There are more details, but that's the 'brief' background for what I am about to say.
Nobody should own words. This isn't branding. Branding is YOU. What you, me, anybody puts out as an author. It needs to be the best it can possibly be, even if you go back later to fix things.
If this behavior is allowed to stand in publishing it can hit the other creatives next. Songwriters. Artists. Reporters.
First it's cocky. Then it's dark. Or vampire. Or highlander. Bookworm. Secrets.
Where would the insanity end?
This reminds me of a book - Ella Minnow Pea. This town has a sentence on their statue - "The quick brown fox jumps over the lazy dog." This sentence uses every letter in the alphabet. Each time a letter fell off the statue they removed it from usage until they had no more words.
Eventually, if this insanity continues, this can happen.
Sure. Right now we can say 'arrogant' instead of 'cocky', until somebody trademarks arrogant.
But what about 'Beaumont'? It's a place. At least four cities are named Beaumont. There is a book series predating this "Forever" author's use of Beaumont in a series. But if places are up for grabs, we'll be left with made up gibberish in non-fantasy books.
Other authors won't be able to create 'make your own adventure' books like Goosebumps did back in the 1990's if LitRPG gets approved.
And shape shifter books...
What's next?
This isn't 'upping the game of publishing'. This is killing it.
But it's not making the other indies look bad. They, we, have bonded together other this despite the various genres we write.
This impacts all of us and we shouldn't let our collective voices be silenced.
Authors and readers are all impacted, many of whom are both, as users and readers of words. Readers, don't let your favorite authors be silenced. These trademarks effects both Indie and Traditionally published authors for good and for evil.
AJC
For a good chunk of the month of May I have been diligently - and at times not so diligently watching the #cockygate drama unfolding on Twitter.
I've probably neglected a few things in as this battle began and continued to unfold.
What is #cockygate?
An author - who shall not be named - decided to trademark a word for her ebook series of ... romance novels. Once the mark was approved she sent cease and desist letters to a handful of authors testing the waters before going after her real target, Tara Crescent, a menage MFM erotica book author.
*Note* These other authors, with similar titles - NOT series titles as the trademark pertains to, Titles - either had to pull their books, retitle their books, or face the wrath of #CockyAuthor and her *ahem* lawyer.
Now, while all that seems within her legal rights, #CockyAuthor forgot a few things. Her series title (what was trademarked) was not in use before Crescent titles her two book series, The Cocky Series. In fact, Crescent's first book in the series was published BEFORE #CockyAuthor had 1.) filed the trademark, 2.) changed her series title. Point two did not happen, and for some of the series still hasn't, until late April 2018 (the actual date alludes me at the moment).
Example - This would be like if I trademarked 'Sisters' instead of my complete series title 'The Hastings Sisters Series'. The second is acceptable provided I can prove that I'm the first to title a series as such. The first is just being a jerk.
Note* There is also a stylized mark for cocky, using a font that 1.) can't be trademarked under the designer's TOS, 2.) there is no proof she bought the font, and 3.) the designer cannot afford to go after the illegal trademark.
But... but... but... That is romance. It in no way impacts your young adult books.
This trademark issue impacts all creatives. Already LitRPG, (briefly) rebellion, (briefly) forever, (currently) Beaumont (same author as forever), and shifter world have had trademark applications sent out.
It is on the applicant to prove that they used that word first, and if they don't provide the info proving it was already in use...
So already are we beginning to face a world were indie authors are being pitted against other indies with more money, but we are facing potential loss of words to use in titles AND lawsuits.
Brave hero/self-published sci-fi author/retired patent lawyer Kevin Kneupper came out of retirement, used his own money, and so much of his time, to do what he could do - send an expensive letter of cancellation to the USPTO to start the process of setting cocky free.
During this time #CockyAuthor also reported the trademark violations to Amazon (without the C&D letters) resulting in Crescent and several other authors' books being pulled.
But not the books featuring 'cocky' in their titles that came before #CockyAuthor's books...
Because everybody after her was copying her, copying her stock photo cover models. People were accidently buying others cocky books thinking they were hers. All this was to protect her brand...
Because readers don't read the authors names on the book covers...
Because multiple people cannot use the same stock photo, font, etc...
*Note - Amazon has a relatively easy return policy if you accidently buy a book. There's even an accidental purchase option on why you are returning a book!
It gets better. Or worse depending on your position.
Instead of back tracking and apologzing for this mess, #CockyAuthor decides to sue Kneupper, Crescent, and a publicist for a collective of cocky satire (the satire genre is not under her trademark, only romance). Kneupper also has a restraining order against him - the legalise was too much for me to get the why and he's, understandably, being vague with his postings.
Yes, #CockyAuthor is suing the lawyer, a fellow self-published author, and a book publicist who all protested the trademarking of a common word.
Nobody should ever own a word. If this continues a handful of people will be able to write and publish and the rest of us will be silenced.
TL;DR version
#CockyAuthor trademarked a word for use in her book series. A word she did not use in her book series title until AFTER the trademark was approved.
Word was already in use by other authors.
She sent out (not her lawyer) C&D letters challenging authors with similar book titles (not series titles)
She then bypassed the C&D letters and sent notifications to Amazon to get Crescent's books pulled. RWA interfered.
Kneupper sent an appeal to USPTO to revoke the trademark.
#CockyAuthor countered by suing him, Crescent, and a book publicist.
There are more details, but that's the 'brief' background for what I am about to say.
Nobody should own words. This isn't branding. Branding is YOU. What you, me, anybody puts out as an author. It needs to be the best it can possibly be, even if you go back later to fix things.
If this behavior is allowed to stand in publishing it can hit the other creatives next. Songwriters. Artists. Reporters.
First it's cocky. Then it's dark. Or vampire. Or highlander. Bookworm. Secrets.
Where would the insanity end?
This reminds me of a book - Ella Minnow Pea. This town has a sentence on their statue - "The quick brown fox jumps over the lazy dog." This sentence uses every letter in the alphabet. Each time a letter fell off the statue they removed it from usage until they had no more words.
Eventually, if this insanity continues, this can happen.
Sure. Right now we can say 'arrogant' instead of 'cocky', until somebody trademarks arrogant.
But what about 'Beaumont'? It's a place. At least four cities are named Beaumont. There is a book series predating this "Forever" author's use of Beaumont in a series. But if places are up for grabs, we'll be left with made up gibberish in non-fantasy books.
Other authors won't be able to create 'make your own adventure' books like Goosebumps did back in the 1990's if LitRPG gets approved.
And shape shifter books...
What's next?
This isn't 'upping the game of publishing'. This is killing it.
But it's not making the other indies look bad. They, we, have bonded together other this despite the various genres we write.
This impacts all of us and we shouldn't let our collective voices be silenced.
Authors and readers are all impacted, many of whom are both, as users and readers of words. Readers, don't let your favorite authors be silenced. These trademarks effects both Indie and Traditionally published authors for good and for evil.
AJC
Nice piece of content. You did a nice job.
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