Romance writer’s bid to stop authors from using word ‘cocky’ fails in court
In the case, heard in a New York court on Friday, judge Alvin Hellerstein described romance readers as “sophisticated purchasers” unlikely to be confused between different authors’ books, found that cocky was a “weak trademark”, and denied Hopkins’s motion for a preliminary injunction and temporary restraining order to stop the publication of books with the word “cocky” in the title. …
I’m no expert in copyright law, but I know a bit more now than I did before all this came up. Lots of interesting blog posts out there focused on just this case. To me it seems that
Faleena Hopkins has no case and either (a) everyone knows it except her because she is mentally deficient, or (b) everyone knows it including her, but she is going on with this because she is deficient in both morality and common sense.
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Maybe she’s just doing it for publicity? I wouldn’t know who she was if it weren’t for her attemped copyright trolling. But, also the morally deficient thing.
SarahZ, I guess she might be? But the idea that there’s NO SUCH THING EVER as negative publicity may be a touch overstated. I think she is likely to discover that no, really, there IS, and she has nailed it.