by Mike Oliver | Jul 13, 2018 | In the News, Intellectual Property, Trademarks
If you search for books with the word “COCKY” in the title, the romance genre offers a large selection. One author in particular appears to be building a series of books with titles created as a play on words based on the main characters’ last names, Cocker. Thus, the books feature titles with the word “COCKY,” including titles such as “Cocky Roomie” and “Cocky Senator”.
The term “COCKY” is the subject of a recently registered trademark that has spurred quite the controversy. In April, romance author Faleena Hopkins, through her company Hop Hop Productions Inc., received a certificate from the United States Patent and Trademark Office (USPTO) granting her a trademark registration for use of the word “COCKY” in connection with goods for “a series of books and downloadable e-books in the field of romance.” Under U.S. Trademark laws,15 U.S.C. §§1051, 1052, and 1127, more than one book is required in order to apply for a trademark for the title of a book series. See also TMEP 1208 et seq. The title of a single creative work is not registrable on either the Principal or Supplemental Trademark Register. Herbko Int’l, Inc. v. Kappa Books, Inc., 308 F.3d 1156, 1162, 64 USPQ2d 1375, 1378 (Fed. Cir. 2002) (“the title of a single book cannot serve as a source identifier”).
Since obtaining the U.S. Trademark Registration Certificate for COCKY, Hopkins has been asserting her registered trademark in cease and desist letters and threatening litigation against novelists in romance and other genres in order to force them to change the titles of their respective books. The world of romance e-books is mostly filled with self-published authors – generally meaning that these authors don’t have the commercial revenue to fight lawsuits, or design new cover art and promotional materials in order to comply with demands or risk their works being removed from online retailers such as Amazon.
Romance Writers of America hired an intellectual property lawyer to assist authors affected by the “COCKY” owner’s recently issued trademark and aggressive enforcement tactics. Retired lawyer turned writer Kevin Kneupper filed a Petition for Cancellation with the USPTO. In response to this action, Hopkins, through her attorneys, filed for a preliminary injunction and a temporary restraining order in the Southern District of New York against Kneupper and writers Tara Crescent and Jennifer Watson, authors accused of violating the trademark. Hopkins argued that the social media tirade against her has resulted in popular hashtags, such as #CockyGate and #ByeFaleena, and has directly affected her sales and income. On June 1st, a federal judge denied Hopkins’ motion and dismissed Kneupper from the lawsuit.
Hop Hop Productions, Inc. is also asserting ownership of a second “COCKY” trademark, a stylized design wordmark featured in the cover art title of the books. The font used was allegedly created by Set Sail Studios, which is owned by graphic designer Sam Parrett. Parrett recently sent a cease and desist letter to Hopkins and asserted ownership claims in connection with the font. At this time, Hop Hop Productions, Inc. remains the registered owner of this trademark in the USPTO. However, the USPTO provides means for parties to contest ownership, such as by procedural means of opposition of allowed trademarks or cancellation of registered trademarks.
Trademark rights provide an owner with a right to stop unauthorized third-parties from using the same or similar mark on similar or related goods in order to reduce the likelihood of consumer confusion. Trademark owners should seek legal counsel on evaluating enforcement methods and tactics prior to taking any action. Challenges or consequences may exist, such as third parties taking actions to oppose allowed trademarks or cancel registered trademarks, along with posts made to social media related to a matter.
***For more information on this topic or other trademark matters, please contact Pamela K. Riewerts, Esq., a partner at Oliver & Grimsley, LLC at: pamela@olivergrimsley.com.
by Mike Oliver | May 31, 2018 | Client Spotlight, In the News, Intellectual Property
Constellation Rum is a speciality project from Tobacco Barn Distillery that started in 2016, when the distillery first hauled barrels containing 100 gallons of rum into the ship hold of the U.S.S. Constellation, docked in Baltimore’s Inner Harbor. Working together with the Historic Ships in Baltimore organization, the Distillery made the idea come to life–to make a rum entirely of Maryland ingredients and aged under natural seaboard conditions fo
r a year’s time, instilling an exclusive flavor profile characteristic to the product. The ebb and flow of the harbor tide provides constant movement, sloshing the rum throughout the bourbon soaked barrels, and with the Baltimore weather – the rum is exposed to an extreme range of temperatures ranging between approximately 10 and 100 degrees. After a year’s time, the barrels are unloaded from the historic ship and returned to the Distillery, where the rum is bottled, labeled, and fitted for sale.
This aging process has become an annual tradition for the distillery. 
Every March, barrels are loaded and unloaded each year and and prepared for sale in May, just in time for spring. Tobacco Barn donates a generous portion of the rum sale proceeds to the Historic Ships organization in support of their mission to preserve Maritime heritage.
Tobacco Barn Distillery is located in Southern Maryland and crafts various whiskies and rums. For more information on Tobacco Barn’s products and where to find them, you can view their website here.
Oliver & Grimsley, LLC, a Baltimore area intellectual property law firm, has been instrumental in securing trademarks for Tobacco Barn Distillery and advancing the Distillery’s branding endeavors which impacts valuation for the business. Please contact Oliver & Grimsley for more information on investigating, securing, and enforcing your business’ intellectual property.
by Mike Oliver | Mar 29, 2018 | Blog, Content, In the News, Intellectual Property, Office, Patents, Trademarks
On March 8, 2018, Oliver & Grimsley’s
Pamela Riewerts attended the
2018 Women’s Leadership Conference, hosted by the Howard County Chamber of Commerce in Columbia, Maryland. The conference celebrated women entrepreneurs in the Maryland, D.C., and Virginia area. Phenomenal women speakers presented — such as Laura Gamble, the regional President of Maryland PNC Bank, and Col. Laurie Moe Buckhout (U.S. Army), the President and CEO of The Corvus Group, a business providing training services to scientific and technical clients.
Tracey Ellison of impactHR, First Lady Yumi Hogan, and Pamela Riewerts, Esq.—patent attorney and partner at Oliver & Grimsley, LLC.
In addition to supporting women leaders, the conference also focused on advancing women owned businesses. Speaker panels throughout the day featured topics such as “Energizing and Motivating Women,” “Leading Multi-Generational Teams to Success and Life Balance,” “Succeeding and Soaring in Male Dominated Fields,” and “Rising to and Inspiring from the Top.” Maryland’s First Lady, Yumi Hogan, also made an appearance and inspired and congratulated women on being great leaders in everyday life. The event featured sponsors such as Creatrix Inc. – providing services in software and systems engineering and architecture, and impactHR – providing HR and business solutions.
We appreciate the opportunity to participate in this worthwhile event, and for the opportunity to exhibit and speak with women business owners on the value of intellectual property.
For more information on creating value and protecting intellectual property, please contact Pamela K. Riewerts, Esq., a partner at Oliver & Grimsley, LLC at: pamela@olivergrimsley.com.
by Mike Oliver | Mar 27, 2018 | Case law, Copyrights, Entertainment law, In the News, Intellectual Property, Licensing, Litigation, Media law
Last week, the Ninth Circuit upheld the lower court ruling that the artists of the 2013 “Blurred Lines” best-selling single infringed the copyright of Marvin Gaye’s 1977 song “Got To Give It Up”.
In 2013, the family of the late Marvin Gaye sued musicians Pharrell Williams, Robin Thicke, and T.I. (Clifford Harris, Jr.), and related recording companies, for copyright infringement. “Blurred Lines” was the best-selling single in the world that year and the Gaye family believed it to be similar in composition to Marvin Gaye’s 1977 song “Got To Give It Up”. In 2015, the trial jury agreed. After three years of an appeal process brought by the musician defendants, the United States Court of Appeals for the Ninth Circuit upheld the infringement ruling (Williams, et al. v. Gaye, et al. Case No. 15-56880)(March 21, 2018).
The decision was not unanimous. Judge Nguyen wrote a dissenting opinion stating that the songs “differ in melody, harmony, and rhythm.” She also noted that it can be “challenging for judges untrained in music to parse two pieces of sheet music for extrinsic similarity. But however difficult this exercise, we cannot simply defer to the conclusions of experts about the ultimate finding of substantial similarity. […] Judges must still decide whether, as a matter of law, these elements collectively support a finding of substantial similarity.” This ruling ultimately changes the music industry landscape moving forward, as it is arguable that the decision improperly protects an artist’s form of musical style. The majority opinion written by Judge Milan D. Smith, Jr., however, focused mostly on the technicalities of the case and the grounds for 
appeal, determining that the trial court erred only in finding Interscope Records and T.I. liable.
The Gaye family is entitled to approximately a $5.3 million-dollar judgement and running royalties of 50% on future songwriter and publishing revenues. The damages breakdown consisted of: $3,188,528 in actual damages, plus profits of $1,768,192 against Thicke and $357,631 against Williams (and companies collecting royalties on William’s behalf). TI and his associated recording company were cleared of any infringement.
***To investigate or consider copyright protection for music, lyrics, or other works of art, or for more information, please contact Pamela K. Riewerts, Esq., partner at Oliver & Grimsley, LLC. Pamela may be reached via email at: pamela@olivergrimsley.com
by Mike Oliver | Mar 8, 2018 | In the News, Intellectual Property, Patents
In 1991, inspired to help the citizens of Africa, Trevor Baylis created the wind-up radio. With a substantial lack of electricity or batteries, information was hard to spread across the continent and during this time, the AIDS crisis was rampant. By creating a radio that could run off of a crank, Baylis helped deliver the news to hundreds of thousands of people in Africa. Baylis’ U.S. patent for the crank radio issued in June 1999, as
U.S. Pat. No. 5,917,310.
Baylis went on to invent a shoe that could generate electricity as you walked. He also developed products for people with disabilities such as one-handed scissors. He created the Trevor Baylis Foundation which hoped to help inventors protect their work.
Trevor Baylis passed away on March 5, 2018 at age 80. We appreciate his contribution to society.
For more information about patents and intellectual property matters, please contact Pamela K. Riewerts, Esq., partner at Oliver & Grimsley, LLC. Pamela may be reached via email at: pamela@olivergrimsley.com
by Mike Oliver | Jan 7, 2016 | Entertainment law, In the News, Office News
We are very pleased to welcome Adam G. Holofcener as an associate with the Firm. We have worked with Adam the last few years in his position as the Executive Director of the non-profit organization Maryland Volunteer Lawyers for the Arts (MDVLA), whose mission and work we are proud to support. Adam is currently splitting his time between us and the MDVLA. In Adam’s work with MDVLA, Adam has worked with many artists, entertainers, lawyers and related businesses in the Baltimore metro area on entertainment law issues.
Adam’s practice with us focuses on Trademarks, Entertainment Law, and general business and corporate issues. Prior to joining Oliver & Grimsley, Adam was a staff attorney at the California Monitor, a program of the California Attorney General that assisted homeowners struggling with foreclosure under the National Mortgage Settlement. Adam has a license to practice law in Maryland and in California (currently inactive).
You can contact Adam at adam@olivergrimsley.com.
