So what you guys are saying is that this person under the proposed original circumstances would be under scrutiny?
She's now also issued court proceedings against Tara crescent and another author for tm infringement and is asking the judge to dismiss Kevin kneuppners petition for cancellation with prejudice. I'm fairly sure the latter won't happen, but it basically shows she's digging in for a fight on cocky gate rather than learning from her mistake and letting things be.
That is unbelievably unfair! Even if the other authors do win, they'll have to cough up a lot in legal fees, won't they? What do you think the judge will decide? I can feel any sympathy or willingness to give Faleena the benefit of the doubt ebbing away.
I like to fly fish, when people you are with get to whining we tell them..."Just shut up and fish." That's where I am with this nonsense....its so unbelievable that its hilarious and disgusting at the same time.
Fortunately Kevin kneuppners is a lawyer and has a law firm representing him pro bono. I believe they may be presenting all the others but I'm not sure about that. I'm not a lawyer but I doubt she can win an infringement case where the other author was using the trademark first. Both macdonalds and toys r us found that out the hard way.
Also faileena has claimed in the suit that her sales have suffered as a result of the other authors use, but KK has a video she posted ( then tried to delete, too late) where she says that her sales are just fine and have not suffered at all .
Awesome. Hopefully she'll learn from this shit show and be able to claw things back under a pen name.
The developer of the font has just sent faileena a c&d for violating his terms of use which states the font can't be used in creating trademarks. So much fail so little time
Oh, God. If she gets hoisted by her own petard it would be a lovely end to this story. Weirdly enough, though, I don't actually want this story to end.
This whole thing is corny. I’m curious to see if it will all be a big waste of time, or if cockygate is a demonstration of the new way everyone is going to do business. If she wins, and she retains / grows her fan base, what will that mean?
If you position yourself as an insurmountable force to be reckoned with then why would it matter either way? People can spin off of you, in my opinion, all they like, yet they still will never be you and everyone will know it. It just seems petty and a waste of time to me. But what do I know, I'm still just a groveling peasant with horrible redundant jokes and a couple of pending psych thrillers. Reckon I'll just sit back her with MJ and keep watching the $1.50 matinee.
A couple of points A) trademarks and copyright are different, you can't copyright a single word ( unless you made it up and possibly not even then ) or a title B) trademarks apply to specific uses, Ie the apple cafe are not violating Steve jobs trademark, but another computer company would be C) that means that even if faleena wins she'll only have the trademark as applied to romance series, so if you want to write a non fiction work about chickens, or a kids book about the adventures of cocky the rooster she can't stop you.
There is a kids book about cocky the rooster ... Incidentally, I’ve heard she’s suing someone for using cocky in a book claiming it’s a parody and damaging her.
That's the cocktales. An anthology of parody work being put together by the cockiest collective. Their publicist is named in the same suit as kk. I can't see it flying, particularly with her video claims that her sales haven't been damaged at all.
But parody is protected. It's not a hundred percent, but a decent attorney could argue that Faileena has made herself a public figure with her little stunt and get it shut down.
Parody comes under fair use for copyright violation, and since the cocktales don't use the word cocky in their title trademarks not really at issue either. Her real issue is that the cockiest collective are donating all profits to the support of those affected by cocky gate so they are basically funding her opposition.
Perhaps she assumes that when she patented (sic)* "cocky," that gave her ownership of pretty much everything involving the letters c, o, k, and y. Cocky, cock, cocktail napkins, coy... Spoiler: * *yeah, I know she never said that either, but she probably doesn't know the difference, so...
You know that, and I know that ... obviously she thinks she can do what the hell she likes. If she wins a parody case, we can say goodbye to Barry Trotter, Fifty Sheds of Grey, and Politically Correct Fairy Tales!