As it says in my
blog intro—and has since it started in 2007—this spot on the Internet is
intended to be positive and fun. I believe in the concept that a high tide lifts
all boats, which is why I post about the good things I see/read/hear, like
sharing a book discovery that thrills my reader’s heart, or talking about what
I learned from tackling a new challenge, as I did in my latest blog. I figure
that if something I’ve learned is useful and/or uplifting, it’s worth sharing, and
I hope that my readers will do the same.
I stay away from
publishing industry talk in this particular forum because this is meant for
readers. However, today I find myself
between the proverbial rock and hard place, and feel I need to address it here.
Last week, I
filed an application to trademark “Royal Scandals,” which is the specific
two-word name of the romance novel series I’ve published since November 2013.
To date, there are six full-length novels and three novellas in the series.
There are also three different collections of these stories. More stories are
in the works.
I have spent a
great deal of time, effort, and money to build the “Royal Scandals” brand. Get
a group of authors talking and they’ll all nod along when one mentions the
difficulty of building a brand. There’s a great investment of time learning the
craft and establishing a unique story world that readers can rely on and
embrace. When readers see “Royal Scandals” and associate that with a particular
author and particular series that has run for many years and many books, they
should be confident that when they see that series name on future books, it
meets their expectations.
I filed a
trademark application to protect that “Royal Scandals” brand as it applies to
romance novels, because to not do so
makes it easier for another publisher to use a confusingly similar series name for
unrelated books—books I did not write—and market those stories on the same
websites/through the same distribution points, on the same page(s) as my Royal
Scandals books, and potentially damage the goodwill and—frankly—the truly wonderful readership
I’ve spent many years and a lot of heart to build.
The decision to
file a trademark application was about clarity. I want my readers to easily find
what they want. I also want to ensure they aren’t frustrated or angry when they
get a “royal scandals” book and it isn’t what they expect. That hurts them, and
that hurts me. It’s why—from the beginning—I made an effort to have cover art
that looks similar across the entire series, to use the same fonts and crowned
Royal Scandals logo on each cover, and even to use the same narrator for all
the Royal Scandals audiobooks.
With that in
mind, I truly mean it when I say that I believe a high tide lifts all boats.
I did not file this trademark application to
stifle other writers. I love being an author, and to that end, I put my law
degree high on a shelf years ago. It’s incredibly dusty and will stay that way,
so this isn’t legal advice/a legal opinion. However, it must be said that a
trademark does NOT prevent anyone from titling a book however they want or from
using certain words in their books. It does not stop anyone from writing about
a particular subject. Frankly, if contemporary royalty stories are the rage it
helps all authors penning tales of
princes and princesses, of kings and queens and their scandalous secrets. Me
included.
Trying to
prevent other authors—many of whom are my friends—from writing romances about
royalty would be cutting off my nose to spite my face, both professionally and
personally.
The key to a
healthy publishing industry is to have a wealth of stories, but to
differentiate them for readers so that everyone gets exactly what they want.
For readers of
cop thrillers, maybe it’s the knowledge that they’re picking up one of John
Sandford’s Lucas Davenport titles versus a Harry Bosch title by Michael
Connelly. Readers can love and read both series—I
certainly do—but it’s good for both the authors and their readers when those
series are branded to make it clear to readers which book(s) they’ll receive
when they click a button to either purchase a title or put it on hold at their
local library. Readers who enjoy Davenport probably enjoy Bosch, and vice
versa. Sales of one very likely drive sales of the other, because readers want
more and more quality cop thrillers when they read one quality cop thriller.
But no one wants to go on a Davenport page on Amazon, think they’re getting the
next book in that series, and click on a button that gives them a Bosch book.
And as long as the series are differentiated, that shouldn’t happen.
That was my goal
in filing the application for the specific series name “Royal Scandals.” Clarity
for everyone.
Recently, an
author filed a trademark application for a single word—cocky—and it was
granted. For discussion of how this is now being handled, and why it is problematic
and harmful to other authors, check Twitter for the hashtag cockygate
(#cockygate.)
“Cockygate”
became a “-gate” because it wasn’t a filing about clarity. It has drawn a
massive amount of attention over the last few weeks and rightfully so, both
over the fact the trademark was granted and over the manner in which the author
has attempted to apply it. However, because it has drawn so much attention,
there are huge misconceptions floating around on social media about trademark
and its proper use.
Many of those
misconceptions—and inaccuracies—have been directed toward me in regard to the
filing for “Royal Scandals.”
So there you go.
I find myself between the proverbial rock (clarity for a brand, a fictional
world, and a readership I’ve spent years to build) and the hard place (“Cockygate”-driven
worry that a “Royal Scandals” application will impede authors’ ability to write
about royal romance, much the way “cockygate” has hurt other authors’ rights.)
From a legal and
a business perspective, I believe this application is the correct action. It
does not impede other authors’ ability to write royal romances, nor would I
want it to.
However, given
the immense fear created by Cockygate, at this time I’ve decided to withdraw
the application for “Royal Scandals.” It’s a fire that needs no fuel.
It is my hope
that Cockygate shakes out in favor of authors and readers. In the meantime, I
will continue to do my best to ensure that readers looking for one of my stories
get what they want by making conscientious decisions regarding what I write, how
it is presented, and how it is sold. I urge publishers—whether New York, indie,
or something in between—to do the same. When launching a new series, take the
time to look carefully at the way the series is packaged. Consider what else is
in the marketplace. Think about reader expectations and the likelihood of
confusion.
Authors should
not be forced to choose between the rock and the hard place. Readers should
have an abundance of choice and clarity in those choices.
As both an
author and a reader, that’s the robust, uplifting book world in which I wish to
live.