Posts Tagged ‘Kevin Kneupper’

For my earlier posts on Cockygate from May 5th and May 28, click here and here, respectively.

I’m just going to skip over all the preliminary stuff and just get to the good news: the Romance Writers Association and the Authors Guild won a court ruling on Friday against Faleena Hopkins, the notorious romance author who put a trademark on the word “cocky” and then sent letters to authors who had books with “cocky” in their titles, threatening legal action if they didn’t take their books off Amazon or change their books’ titles.

Now, if you read my post from last week, you may remember that Hopkins’s lawyer had sent Kevin Kneupper, the novelist and retired lawyer who’s leading the fight against Hopkins, along with author Tara Crescent and publicist Jennifer Watson, a letter with intention to sue them, as well as filing a Temporary Restraining Order (TRO) against the Petition of Cancellation for the trademark. Since then, it’s also come out that Hopkins was asking for another TRO against the publication of a collection of stories called Cocktales: The Cocky Collective, which was named as an obvious protest against her trademark (Jennifer Watson was incorrectly named by Hopkins as the publisher of the book in the papers filed for the TRO).

On Friday June 1st, several things happened:

  1. Kneupper was dismissed as a party to the lawsuit Hopkins’ lawyer filed, meaning he’s free to continue fighting against the trademark.
  2. Hopkins did not get her restraining order, so the petition and all the other legal battles against her can continue.
  3. Finally and most importantly, for the moment books with the word “cocky” in the title can be published, including the Cocktales anthology.

In other words, Hopkins lost, and she lost big. And while there’s another court date in September, and presumably this is when the decision on her trademark will be decided once and for all, it’s still not looking very good for Hopkins. As stated in the article the Authors Guild put on their website:

In ruling against the author Faleena Hopkins, who claimed exclusive rights to “cocky” for romance titles, Judge Alvin Hellerstein of the Southern District of New York, stated that he did not believe that Hopkins was likely to succeed on the merits.

In other words, the judge says that Hopkins’s trademark is on pretty weak legs.

Now, there’s still a lot of work to do. For one thing, while people can still publish their books with the word “cocky” in the title, the final decision won’t be made till September at the earliest. That gives Hopkins, her lawyers, and her supporters (yeah, there are some out there) to come up with legal strategies for the trial and for any potential appeals, both from her side and the other side. And unfortunately, there are a number of copycats out there trying to get trademarks on common words used in titles. It’s a hot mess.

But this is a bright spot in the ongoing saga of #Cockygate. I’ve heard from many authors who have expressed fear over the outcome of this controversy, and what it could mean for them if they couldn’t write because they could incur legal repercussions for using an everyday word in their story’s title. Hopkins’s defeat on Friday gives us all a little bit of hope that we can continue to not only write our stories, but give them almost any title imaginable and not have to worry about getting sued for it.

So with the trial not till September, what can we do now as authors? Well, we can continue to show our support for Kneupper and the legal team fighting Hopkins, as well as the RWA and all of the authors who’ve been affected by Cockygate (remember, if you’ve received a letter from Hopkins, contact carol.ritter@rwa.org for assistance and guidance). This can be something as casual as sympathetic messages online, or buying, reading, and reviewing the books of those involved/affected (a single sale and review can do an author a ton of good, believe me), or even donating your time and skills to the legal battle.*

You can also spread the word on Cockygate and any developments in the scandal. The more people who know what Hopkins is doing, the more we can rally against her or anyone else trying to copy her. The louder our voices, the stronger we are, and the better positioned we are to affect positive change.

And finally, if you’re a writer, continue writing. Don’t let fear get in the way of telling the stories you were born to tell. Like the people behind Cocktales, when we decide to put something out in defiance of bullies, we make a statement that we’re not going to take this sitting down.

That’s all for now, everyone. If there are any other significant developments, I’ll post about them. Until next time, pleasant nightmares.

UPDATE 6/3/18 @ 7:18 PM EST: Erica Unsophisticated Blood Thirsty Wolf Fisher (@monet5280) informed me over Twitter that both Ms. Crescent and Ms. Watson’s lawyers are working on a motion to dismiss, which will be due in on June 22nd. In addition, Ms. Hopkins has to respond to the Petition of Cancellation from Mr. Kneupper no later than June 23rd. So it looks like things will be heating up longer before it starts to get cold again. Here’s hoping the end of June brings more good news like what we saw on Friday.

*Just be careful before you donate to any legal fund for those affected or claiming to be for any legal teams against Hopkins. There are a ton of people out there who have no qualms against taking advantage of those suffering in order to make an easy buck.

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I wasn’t planning on writing another post about this subject, but I got so many updates about the subject, I felt I should chime in. And I would’ve published this post earlier, but I had a family thing to attend, so that took up a bit of time. Well, no time like the present. Let’s talk Cockygate.

Now, for those of you who don’t know, or don’t have time to read my last post on the subject, let me give a bit of background: Faleena Hopkins is a romance author who writes a series of books called the Cocky Brothers series (though apparently it’s gone by several names in the past). Recently she applied for a trademark for the word “cocky,” with somehow got approved by the Patent & Trademark Office. Technically speaking, this only allows her to have control of the word using a particular kind of font on her book covers, but she’s taken this to extreme levels, and has sent cease and desist letters to authors who use “cocky” in the titles of their books, telling them to either change the names of their books, take them off Amazon, or face legal action. The authors targeted are mainly self-published writers who can’t afford a legal battle, and changing a book’s title is hellishly hard (imagine the insanity that might come from trying to change the name of the Harry Potter books, for instance). This puts them in a really difficult position.

As you might expect, when word got out about this, things escalated quickly: authors quickly called out Hopkins on this move, calling it extortion and bullying; the hashtags #cockygate and #ByeFaleena (ha! that’s still funny) started trending on Twitter; the Romance Writers Association asked anyone affected by Hopkins to send proof to them and started consulting with an IP lawyer; and Hopkins, who apparently once said that anyone who uses stock photos after she uses them is copying her (that still boggles my mind), posted a video online trying to defend herself and instead dug herself deeper into a hole.

Among other things. Yeah, this is one screwed up situation. And this has not only people angry at Hopkins, but afraid of the future: if you can trademark any word in a title, it’s possible no one will want to publish stories because they’re afraid they could get sued by a trademark owner for using a common word.

However, people have been fighting this, and keeping the story alive. And as time has gone on, there have been further developments in this case. Here are just a few:

  • A novelist and retired lawyer named Kevin Kneupper has come together with a bunch of other authors/lawyers to try to get the Patent & Trademark office to toss out Hopkins’ trademark using a petition for cancellation, which I applaud them for doing and hope they are successful.
  • The creator of the font Hopkins uses for her books came out and stated that anyone who uses his fonts isn’t allowed to apply for trademarks using his font. So, Hopkins is telling people they’re infringing on her trademark while at the same time breaking the rules of usage for the font she uses. Someone needs to read the fine print before telling someone else to do so.
  • Amazon has stated they won’t kick books off its website that have been targeted by Hopkins while they wait to see how this whole thing unfolds.
  • A company called Rebellion Games tried to get a trademark on the word “Rebellion,” (just the word, as far as I can tell), and Mr. Kneupper apparently convinced them to reconsider (and suddenly I want to interview him for my blog and/or name a character in my next novel after him).
  • Hopkins uploaded a video that’s since been taken down (but this is the Internet, so nothing ever goes away), where she said people were calling her and her fans stupid, and then said that meant they were calling her and her fans autistic. Um, say what? As far as I can find, no one brought up autism being mistaken for stupidity before you did. And as someone who’s on the spectrum, would you kindly leave my community out of this? IT HAS ABSOLUTELY NOTHING TO DO WITH WHAT YOU’VE BEEN DOING!!!
  • In the same video, Hopkins also said someone had insinuated that she was part of the KKK (proof please?), and said she would never be a Klansman, as she’s descended from a slave. Again, what does that have to do with you trying to trademark a word? And from what I’ve been hearing, some of the authors that have been targeted by the cease and desist letters are writers of color. And you’re not immune from criticism just because one of your ancestors was a slave. Heck, some of your critics may also be descendants of slaves.
  • Hopkins’s books have apparently slid from the bestseller lists. Apparently there are consequences to doing something like this. Who knew?
  • And most recently, Hopkins’ lawyer has sent Kneupper, along with fellow authors/lawyers Jennifer Watson and Tara Crescent, a letter stating that he’s going to be filing a lawsuit against them and seeking a Temporary Restraining Order against their Petition of Cancellation.

Now, this last one happened on Friday apparently, so with a three-day weekend, I have no idea what might develop before Tuesday, if anything. The legal process for this sort of thing can be frustratingly slow. However, this latest development just goes to show just how far Hopkins will go to try to keep her trademark and the power she feels this has given her. She’s determined to make herself seem like an innovative businesswoman who’s being victimized by a mean gang of authors trying to protect her brand.

Well, let her. She may have some supporters (some, but not many), but the longer this drags on and the more she tries to make herself seem like the victim, the more we’ll see her for the bully she is. And with the movement against what she’s doing growing and gaining allies every day, even if God forbid she does succeed in getting her copyright, she’ll just find herself isolated and hated. And in the end, that’s a victory no one wants.

I would like to applaud everyone who’s come forward about Hopkins targeting them. Your bravery is a true testament to your resiliency and spirit. Remember, if you’ve been targeted, email carol.ritter@rwa.org and share your story. Together, we can protect your hard work from what’s happening.

I’d also like to applaud all the other authors and readers out there who have said they won’t stand for this chicanery, and are fighting it every day, on and offline. And I’d like to give an especially big hand to Kevin Kneupper, Jennifer Watson, Tara Crescent, and the other writers/legal experts lending their talents to this case. Words cannot express what you’re doing to defend authors and fiction writing in general. Thank you for all you’ve been doing.

When further updates come along, I’ll likely put out another post. Until then, keep your eyes peeled for more chicanery, and remember, we do have the power to fight back against this. We just have to be brave enough to use it.