Judge: How can you trademark the word “cocky”?


From Friday's court hearing of Hop Hop Productions and Faleena Hopkins vs. Kevin Kneupper, Tara Crescent, and Jennifer Watson.


JUDGE HELLERSTEIN: How can you trademark the word "Cocky"?

CHRISTOPHER S. CARDILLO (representing Faleena Hopkins): Your Honor, there are a few ways. The first thing is that in a series, the case law is very clear on this, you can trademark words like "Cocky" without an issue.

Second is when you say the word "Cocky," you don't necessarily think of anything that is relatable to the book except the book itself. So it identifies the book. It is definitely a source identifier in terms of what you think about. Ms. Hopkins has 600,000 books sold so far. So this is a community that is well versed in her books and book covers and this trademark, even before she filed it.

JUDGE HELLERSTEIN: Do defendants argue that there is any relationship between the title "Cocky" and the contents of the book?

MR. CARDILLO: I don't believe they do, your Honor. But that would be erroneous. "Cocky" is a term used for this book as a source identifier for the series. That's the key. The key is that this is a series. We are looking to protect it as a series in the same way that "Star Wars" was protected.

JUDGE HELLERSTEIN: : If you can protect one, you can protect the series. If you can't protect one, the fact that it may be a series doesn't help you.

MR. CARDILLO: Your Honor, I'm not sure if I agree.