Just as things seemed to have quieted down a little since I last wrote about this (you can see my previous post here #Cockygate) – it turns out that it was just the silence before the storm, and it was only because Faleena Hopkins was busy planning her next attack.
Kevin Kneupper, who have been very vocal in his point of view on all this nonsense, received this:
You want to read the entire complaint here
As you can see (if you read the actual complaint), it’s also against Tara Crescent and Jennifer Watson. Now if I’m not mistaken, Jennifer Watson is a publisher, so I’m not exactly sure why Faleena Hopkins is going against her. Or, well, actually it’s pretty clear in the complaint.
DEFENDANT WATSON’S ILLEGAL USE OF PLAINTIFFS’ TRADEMARKS AND THE RELATED SOCIAL MEDIA CAMPAIGNS
- In response to the PLAINTIFFS’ attempts to enforce their trademarks, elements of the indie writing world reacted by banding together, via social media, to publicly object: for example, by using the Twitter hashtag #cockygate (please see Twitter printout attached hereto as Exhibit “N”).
- A major objective of the various social media campaigns has simply been to personally attack and smear the reputation of the PLAINTIFFS, as well as the COCKY ROMANCE NOVEL SERIES, and to cause emotional and economic harm. Toward that end, WATSON has participated and organized the publication and distribution of “Cocktales, The Cockiest Anthology” (hereinafter “Cocktales”) (please see website printouts attached hereto as Exhibit “O”).
- As is clear from Exhibit “O”, WATSON, upon information and belief, intentionally and purposefully incorporated the Word Mark and Stylized Mark into the website and intends to incorporate them into Cocktales itself.
- In addition, according to the website, https://cockyauthors.com/about-cocktales, Cocktales is scheduled to be published and released to the public on May 26, 2018.
My participation in #cockygate was never about attacking, smearing or ruining Faleena’s reputation. She did that all by herself.
Come to think about it, it’s so bloody weak to be willing to dish out, but then hide from the consequences behind your solicitor! Faleena was the one who thought the TM was a clever strategy and when it backfired, she wants to punish people for voicing their opinion. That just doesn’t sit right with me.
But I guess I shouldn’t expect better from someone who clearly showed how low she was willing to go. Or so I thought! In my eyes this is a whole other level of low, and even though I shouldn’t be, I am surprised it has come to this.
PRAYER FOR RELIEF
FOR THESE REASONS, Plaintiffs pray for a judgment in favor of them and against DEFENDANTS as follows:
A – That the Court declare that PLAINTIFFS’ use of their Federally Registered Trademarks does not infringe any existing and valid trademark right of DEFENDANTS under the Lanham Act (15 U.S.C. § 1125(a)) or the laws of New York, and
B – That the Court declare that PLAINTIFFS’ use of their Federally Registered Trademarks does not infringe any existing and valid trademark right of DEFENDANTS under the laws of New York, and
C – That the Court declare that HOP’s Federally Registered Trademarks are not adversely impacted by any claimed right of DEFENDANTS, are valid and subsisting, and as a result, should not be cancelled, and
D – That the Court declare that the use of the Federally Registered Trademarks by PLAINTIFFS is valid and enforceable as against similar marks used, including those found in other published novels and written works.
E – That the Court order that DEFEDANTS, its directors, officers, employees, servants, attorneys, agents, representatives, distributors, licensees, and all persons in active concert or participation with them, be enjoined and restrained permanently from interfering with PLAINTIFFS use and registration of the Federally Registered Trademarks, including from opposing, seeking to cancel, or otherwise objecting to the validity and enforceability of the Federally Registered Trademarks or any of HOPKINS’ novels or other published materials that include the Federally Registered Trademarks, including but not limited to the HOPKINS COCKY NOVEL SERIES, and
F – That the Court order that WATSON, her employees, servants, attorneys, agents, representatives, distributors, licensees, and all persons in active concert or participation with her, be enjoined and restrained permanently from publishing, promoting, selling, distributing Cocktails, or any publications which include the Federally Registered Trademarks or any similar variation thereof meant to confuse the public, and
G – That the Court order that WATSON, her employees, servants, attorneys, agents, representatives, distributors, licensees, and all persons in active concert or participation with her, be enjoined and restrained permanently from publishing, promoting, selling, distributing Cocktails, or any publications which include the Federally Registered Trademarks, and, that they be ordered to immediately remove any and all domain names associated with Cocktails, including but not limited to http://www.cockyauthors.com, and
H – An injunction directing DEFENDANTS to deliver to PLAINTIFFS for destruction all products, literature, signs, billboards, labels, prints, packages, wrappers, containers, advertising materials, stationery, and other items in its possession, custody or control bearing the use of any infringing marks, including but not limited to the Infringing Marks, pursuant to 15 U.S.C. § 1118, and
I – That PLAINTIFFS be awarded her reasonable attorneys’ fees and costs.
K – For such other and further relief as the Court deems just and propr.
To go after these people is just ludicrous and I hope she fails spectacularly! And when that happens, I’ll be enjoying a big fat bowl of popcorn.
I haven’t wanted to get personal before.
But if my some microscopic chance you do read this Faleena, I want you to know what I think about you: you’re a seriously nasty piece of work! And I say that as someone who would have read your books, if you’d been worth supporting. Sadly, you’re not.
So what’s left to say? Well, for me it’s time to go to bed and get some late night reading done in my newest purchase. Best £7.99 I’ve spend in a long time!
What’s your thoughts on this matter? Comment and let me know.