Author has trademarked common word; threatening other authors over its use

Discussion in 'Self-Publishing' started by Catrin Lewis, May 7, 2018.

  1. cutecat22

    cutecat22 The Strange One Contributor

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    Aaaaand, they are not HER cover models, they are regular models who she - and countless other authors - use on their covers.
     
  2. Corbyn

    Corbyn Lost in my own head Supporter Contributor

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    Ugh, just watched the video. Just wow. Wow. *shakes head* Wow.
     
  3. cutecat22

    cutecat22 The Strange One Contributor

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    Theoretically, once she's purchased the font, she can do what she wants with it, but not TM it.

    She should've TM'd "The Cocker Brothers" or "The Cocky Series"
     
  4. cutecat22

    cutecat22 The Strange One Contributor

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    Self financed movie ...

    maybe she needs the money ...
     
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  5. Corbyn

    Corbyn Lost in my own head Supporter Contributor

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    I read the petition, unfortunately even "The Cocky Series" was previously published, so legitimately she can't prove that she'd used it in a series first. There were several times in the petition where this was the case, there is no way she'll be able to prove her claim to the write of the word, and it's intended use based on the original papers she filed due to the way she published the series. She changed the series name at least twice after publication date.

    That aside the petition brings up the fact that there is publishing date proof that multiple people used the term before her, so it's not going to matter that she's filed. The office won't be able to allow the paperwork to stand.

    You'd think she'd stand up, say I'm sorry I was wrong, and get on with it. In the video, she talks about how others are attacking her and her reader base. She has mental issues. I find it kinda crazy, not just the way she speaks or what she's done, just the whole situation.
     
  6. cutecat22

    cutecat22 The Strange One Contributor

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  7. cutecat22

    cutecat22 The Strange One Contributor

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    Yes, she’s made at least ten amendments to one of her books in two years (goodreads tells you the edition numbers). I’m not saying they are all cover changes, but the covers have been changed numerous times.
     
  8. cutecat22

    cutecat22 The Strange One Contributor

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  9. Corbyn

    Corbyn Lost in my own head Supporter Contributor

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    I knew about the cover changes, but I meant specifically that she changed the series names. It wasn't originally listed as Cocky _____. The title names have also changed between her print and digital titles. Part of the basis of her paperwork states that she has to prove a specific time when she began to use the term for commerce, because of the changes and dating it could legally bite her in the but so to speak. As a type of violation based on the information, she gave in her original paperwork. It could void the whole thing just on that alone potentially. At least in part, I believe that is what the petitioner is hoping for.
     
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  10. If you look it up, it specifically says "A series of books in the field of romance." Doesn't that mean it only applies to series and not one off books like those she's sending C&D's to? Clearly I'm not a lawyer, soo... @Steerpike ?
     
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  11. cutecat22

    cutecat22 The Strange One Contributor

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    You are correct.

    I believe she started with Cocker Brothers of Atlanta, then went to Cocker Brothers, then went to Cocky Series.
     
  12. cutecat22

    cutecat22 The Strange One Contributor

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    You would *think* that ... but if that's the case, why are Amazon deleting reviews for ALL genres where the word cocky appears in the review?

    (I have author friends who have lost reviews where a reviewer has described their MC as cocky)
     
  13. This is from trademark search :

    So it would have to be before June 6th 2016, yes?

    And also.... Hi @Corbyn :D
     
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  14. Because, as @Steerpike (I think... might have been someone else) mentioned before - they don't have the time to individually track things down, it's reported and it goes down. It's up to the injured to fight it out.
     
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  15. cutecat22

    cutecat22 The Strange One Contributor

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    I have a pic of the filing - but every time I try to upload it, I am told the file is too big. But I do have a link to the counter thimgamajig that has been filed by a retired IP lawyer/author ... let me see if I can upload the link - it makes interesting reading.
     
    Last edited: May 9, 2018
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  16. cutecat22

    cutecat22 The Strange One Contributor

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  17. cutecat22

    cutecat22 The Strange One Contributor

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    But she’s also challenging anyone who used the word before the “first used” date on the TM filing
     
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  18. Corbyn

    Corbyn Lost in my own head Supporter Contributor

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    I think that's what's going to get her into trouble.
     
  19. cutecat22

    cutecat22 The Strange One Contributor

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    That and the fact she can't TM a font that is not unique to her. Or a word that is in every day use by millions of people.

    Just take a look at the far reaching consequences of this - she's not protecting her work, she's making it so that every one else has to change to accommodate her.
     
  20. Agree completely. She's just cocky enough to hang herself with it ;)

    It is interesting @cutecat22 , and it certainly seems to cover all the bases from a layman pov. I really hope it works. Unfortunately, my faith in the legal system isn't all that high, but I am really hope they take of this.
     
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  21. cutecat22

    cutecat22 The Strange One Contributor

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    I hope they take it off her - if only for the knock on effect that it's had on so many people, even those outside of the Romance genre.
     
  22. big soft moose

    big soft moose An Admoostrator Admin Staff Supporter Contributor Community Volunteer

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    I'm not sure we wanted to know that much about your tinkering
     
  23. Good to see you too, @Moon :D
     
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  24. big soft moose

    big soft moose An Admoostrator Admin Staff Supporter Contributor Community Volunteer

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    I understand it was free - and its licence terms preclude its use in creating TMs
     
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  25. cutecat22

    cutecat22 The Strange One Contributor

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    I'd just got out of the shower after work ... then got dressed ... then put tea on ... :)
     
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