What is a Trademark?. | 
Just because you can trademark something, doesn‘t mean you should. Also, just because you got a trademark doesn‘t mean it‘ll hold up. Based on what I‘ve read on #cockygate the office that issues trademarks is likely not well-staffed, & hasn‘t been for some time. It sounds like trademarks are awarded & the expectation is the courts will sort it out. I think if someone big enough pushes back this will stop. It just won‘t help anyone already harmed.
Bookzombie I wonder if there could be any kind of restitution ordered if this went to court or if they would have to go to civil court individually. For example, the author of Arrogant Fiancé might have lost money having to change the title of her book due to things like merchandising. I have no idea if that‘s the case, just pondering. 7y
ReadingOver50 #boycottfaleenahopkins you can‘t trademark a commenly used word 7y
LibrarianRyan @Bookzombie if it's like copyright cases if the judge/jury sides with the defendant the plaintiff usually has to pay court costs for both sides. And sometimes legal council fees as well 7y
See All 13 Comments
LibrarianRyan @ReadingOver50 they need to write a better computer system. Patent and trademarks are almost exclusively done online. Nothing in the application was tagged by the computer apparently. 7y
jpmcwisemorgan @Bookzombie & @LibrarianRyan I think it wouldn‘t hold up if it did go to court but she‘s going after self-published authors who don‘t have the money to risk it and/or don‘t know how to fight it. 7y
LibrarianRyan @jpmcwisemorgan I don't think it will hold up either. But as you said it will take someone with $$ to challenge and I bet she ignores a big name author who uses it. 7y
jpmcwisemorgan @LibrarianRyan From what I‘ve seen Romance Writers of America is getting involved. I‘ve seen a mention or two of some publishers but I don‘t if that‘s the case it wishful thinking. Tessa Dare and E.L. James have tweeted, they‘re keeping it mild but you can tell what side they‘re on. Gail Carriger threw out a book idea/title. And now I see people saying hey this isn‘t my genre but we need to pay attention. 7y
LibrarianRyan We do need to pay attention. What bugs me the most is all the people who do not know the rules around copyright, patents, and trademarks, screaming from the rooftops. I have seen so many people saying you can't trademark a word. That is untrue. You can trademark a word. Drug companies do it all the time. Allegra, Zynax, Claritin, etc. they can not trade mark the chemical name because those are common scientific words so they make up a brand nam 7y
LibrarianRyan Paris Hilton could not trademark "that's hot" nor Donald trump "you're fired" because they are common words/expressions. But they tried. Heck trump tried to trademark Make America Great Again. Also didn't pass. Somehow this woman's trade mark was passed through the system. Probably because she's a nobody. Not very well known. Etc. but now with all the hoopla the courts will jump in and I bet it gets canceled. 7y
LibrarianRyan I'm glad RWA are getting involved. A big name will make this go quicker and probably make the process easier because the big name can get the case seen sooner. Where an indie label or SP author could be waiting for court for years. 7y
jpmcwisemorgan @LibrarianRyan Quite a few people have pointed out you can trademark a word but not necessarily has she‘s done it - the exceptions would be things like you‘ve mentioned. The examples I‘ve seen have been things like Apple or Target. That‘s why some people have said she could trademark the series, but the word itself might not hold up. 7y
OrangeMooseReads From what I read the trademark was for the title of her specific series and then she and her lawyer(s) too it to mean every instance of cocky in any title of a romance novel ... she is bat shit fucking crazy 7y
jpmcwisemorgan @OrangeMooseReads And what I saw it was for ebooks but one of the authors has said Amazon took down her paperback before she even had a chance to respond. I think there might be some overstepping on the part of Amazon and Hopkins. 7y
31 likes13 comments