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Date: Tue, 18 Jul 2000 03:13:20 -0600
To: USGW-CC-L(a)usgennet.org, CP-Issues(a)usgennet.org
From: C Hammett <CarHammett(a)mindspring.com>
Subject: USGW-CC-L: Linda Lewis/USGenWeb Archives Grievance
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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
*****************
MSGW SC
CC & Listowner for Rankin & Warren
Temp for Sharkey
UIN# 279574