USGENWEB-SW-L Archives
Archiver > USGENWEB-SW > 2000-07 > 0963959584
From: Don Tharp <>
Subject: [USGENWEB-SW] Re: USGW-CC-L: Linda Lewis/USGenWeb Archives Grievance
Date: Tue, 18 Jul 2000 17:33:04 -0500
The following just came to my attention. Perhaps it will be of interest to
the rest of you.
I would speculate that this is the reason the Archive Amendment is being
pushed so hard. Please read it and think of the implications to our project.
The Census Project was delinked from USGW because they used USGENWEB in
their incorporation, or at least that is what we have been told.
You can cast or recast your vote at any time, only the last vote counts.
Don
mailto:
At 03:13 AM 07/18/2000 -0600, you wrote:
>To the USGenWeb Project Advisory Board and
>my fellow USGenWeb Project members:
>
>Linda Lewis has apparently ILLEGALLY applied for
>registration of the word mark, USGENWEB ARCHIVES,
>as both a service mark and a trademark, with the
>U.S. Patent and Trademarks Office (PTO) in HER
>OWN NAME:
>
> Word Mark USGENWEB ARCHIVES
> Goods and Services IC 042. US 100 101.
> G & S: Free transcribed genealogy data online
> Mark Drawing Code (1) TYPED DRAWING
> Serial Number 78006402
> Filing Date May 1, 2000
> Files ITU FILED AS ITU
> Owner (APPLICANT) Lewis, Linda R.
> VOLUNTEER GROUP VIRGINIA
> 531 Queensway Rd.
> Richmond VIRGINIA
> Type of Mark SERVICE MARK
> Register PRINCIPAL
> Live/Dead Indicator LIVE
>(http://tess.uspto.gov/bin/gate.exe?f=tess&state=m5tlhl.1.1)
>
>The registration, which states that Ms. Lewis "intends to
>use" the trademark USGENWEB ARCHIVES, has not yet been
>approved by the PTO, and CANNOT be approved once the PTO
>has been advised that the mark, USGENWEB ARCHIVES, is
>*already* in use by the USGenWeb Project; to wit:
>
> "There are two related but distinct types of rights in
> a mark: the right to register and the right to use.
> Generally, the FIRST PARTY who either USES a mark in
> commerce or FILES an application in the PTO has the
> ultimate right to register that mark." ("Basic Facts
> About Registering A Trademark," published by the US
> Patents and Trademark Office)
>(http://www.uspto.gov/web/offices/tac/doc/basic/basic_facts.html)
>
>In other words: (a) registration of a mark is not required;
>and (b) the USGenWeb Archives service/trademark has been
>in use since 1996.
>
>In addition to several apparent violations of federal
>statutes, Linda's application also VIOLATES the
>USGenWeb Project Bylaws, and is a TOTAL BREACH OF TRUST.
>
>I hereby call for the USGenWeb Project Advisory Board to
>immediately:
>
>(a) remove Linda Lewis as Coordinator of the USGenWeb
> Archives (aka Digital Library, aka USGenWeb Project
> Archives);
>(b) rescind all of her Archives FTP privileges and
> passwords;
>(c) declare her a member NOT in good standing of the
> USGenWeb Project
>(d) notify her employer, Rootsweb.com, Inc.;
>(e) notify the U. S. Trades and Patents Office;
>(f) notify all other appropriate authorities/agencies;
> and
>(g) remove the proposed Archives Amendment from the
> USGenWeb Project ballot.*
>
>*Said amendment includes a provision for a "permanent"
>position for Ms. Lewis (no term of office, no election).
>
>Failure of the USGenWeb Project Advisory Board to act
>swiftly and promptly in this matter will "open the door"
>to use by anyone of all service and trademarks of the
>USGenWeb Project, including all marks currently
>assigned to the State Projects (XXGenWeb service marks).
>
>Please be advised that this grievance against Ms. Lewis
>is neither "political," "spiteful," nor "frivolous."
>Her actions are a blot against the entire USGenWeb
>Project, and no less heinous than had she
>incorporated commercially or sold the USGenWeb
>Archives (assuming she has not already done either
>or both).
>
>Respectfully submitted by
>
>Carole Hammett
>USGenWeb Project member
>
>Permission is hereby granted to forward this email
>appropriately so long as it is forwarded in its
>entirety.
>
>Additional References:
>
>1. Trademark Manual of Examining Procedure (TMEP)
>Second Edition, Revision 1.1
>
> A. Chapter 100, Types of Marks, Section 101,
> Trademarks:
>
> Trademarks are used to identify goods, that is,
> physical commodities, which may be natural or manu-
> factured or produced, and which are sold or other-
> wise transported or distributed.
>
> The Trademark Act defines "trademark" as follows:
>
> The term "trademark" includes any word, name, symbol,
> or device, or any combination thereof--
>
> 1. used by a person, or
> 2. which a person has a bona fide intention to use
> in commerce and applies to register on the principal
> register established by this Act, to identify and
> distinguish his or her goods, including a unique
> product, from those manufactured or sold by others
> and to indicate the source of the goods, even if
> that source is unknown.
>(http://www.uspto.gov/web/offices/tac/tmep/0100.htm)
>
> B. Chapter 900, Applications Based on Use or Intent
> to Use in Commerce, Section 906.03, Fraud:
>
> Improper use of a federal registration symbol which
> is deliberate and with the intention of deceiving or
> misleading the public or the Patent and Trademark
> Office is fraud.
>(http://www.uspto.gov/web/offices/tac/tmep/0900.htm)
>
>For a brief summary on the subject of service and
>trademarks, see also http://www.usgennet.org/usgnhome/tm.html
>
>
This thread: