"Apparently" via twitter, (I'm not on twitter but I sometimes troll the interesting feeds like this one) that she is only going after "indie" authors(that is what the tweet said) and that she isn't going after anyone who has a publishing house behind them. Which really pissed me off, because that is very calculated move on her behalf...if it's true. I did notice that amazon isn't treating everyone the same, Vi Keeland/Penelope Ward's book "Cocky Bastard" is still up with its original title.
So I am super confused why some authors have had their amazon books blocked and removed from sale, one author can't even get access to her work to comply with the changes since Amazon has taken it down completely and she can't open it on her dashboard(I think that is what she said)
It's all so frustrating to see one person affect so many others out there. I hope others see the backlash and take good warning NOT to try and TM a word, a popular word too.
Well, there could be several reasons behind this, Jan:
1) She couldn't go after Cocky Bastards as an example because it predates her TM application date. I can't remember the legalese term that's used, but that book and any others like it pre the TM are considered 'senior users' of the trademark. Kinda like they are grandfathered in, if you will. (Though as the lawyer who filed the cancellation brief notes, there enough of those types that should have negated FH's ability to try and corner the market on it in the first place. If one of those authors, say, wanted to challenge for the TM, they'd have a potentially good case. Not that we really want anyone getting it, though, but I digress).
2) Of course she's not going after the trade published. They have access to resources. Probably including legal. And I'm sure they would call BS very fast and very hard, when they've invested in those books, both from stock and marketing. "A simple takedown and redo"...not so much.
The problem with not going after everyone, however, is that she's only selectively defending her mark. I am not a lawyer, but I do have to work on trademark submissions occasionally (and defend them in conjunction with my company lawyer)...and I thought one was supposed to go through and defend trademark violations, period. The more you let slip through, the more it might weaken things when you go to renew the trademark. You can choose how far you are willing to take things - like just a C&D letter or then taking action if they don't comply. Again, not a lawyer. And maybe she's still working her way up her list, picking off the easy targets first.
I am just baffled the prior history didn't give her or her lawyer pause to begin with. We always do a existing usage history search to see how strong or weak our TM case might be for a given solution name or a concept servicemark.
Now I'm not sure, but I read somewhere that this doesn't apply in Canada, this TM is only valid in the USA.
I haven't looked at her exact TM, but you can apply for a US one, or spend more and apply for an international one as well.
We've now reached the point where reviews with the word "cocky" are being removed.
Da beep?? That shouldn't even be an issue, as I haven't seen anything about her trademark being classified as applicable for reviews? It's classified as applying to a book series. Individual titles are getting slammed because of potential confusion of her trademark, but reviews??
If that's the case, I assume she'll be losing a lot of reviews, too. Unless it's ONLY okay to use the word on HER reviews, which, if that's the standard Amazon is setting, it's an indefensible one.
This is what happens when you wield a hammer instead of a scalpel.
You have to pick classifications of use for your trademark and unless she picked book reviews, which is crazy (and I haven't seen anything to that point), then that sounds like Amazon/FH misapplying the TM, IMO. Just because you have a TM, you don't own it for EVERYTHING - only for the use classifications covered by your application.
That is just baffling and awful. :/
Just an FYI~ she is now going after REVIEWS of books with the word cocky in them. In genres outside of Romance (mystery being one).
Reviews with the word cocky. She thinks she actually owns the damn word!
YES! So glad to hear that! This spikes her guns good and proper.
