Hi CCs,
In answer to someone wondering just where we are in the
situation concerning a possible registration of our name
with the NC Secretary of State, I answer below. I am
also responding to some other points that folks have asked
since I posted the message wanting a response from the CCs.
The url for searching the NCGenWeb-Discuss archives is:
http://listsearches.rootsweb.com/cgi-bin/listsearch.pl?list=NCgenweb
incase anyone wants to check the posts for the last couple of
weeks.
Well, we do have the EIN. Almost all the responses I have
had has been on a positive note about us registering our
service mark with NC. There has been less enthusiasm about
the idea of having the three trustees, although I don't recall
that anyone was totally ugly about that, just that they didn't
see a need for trustees.
In total I received 18 responses from the message I sent out on
February 21 and asked for responses. For the most part the CCs
were in favor of us going ahead with the registration of the
service mark with NC. There was two, I think, that were not in
favor of acquiring the NC service mark, and a few who requested
more information.
One in particular wanted to know how having the NC only service
mark would help us fight the domain names. Well I can't say
for sure. But I will say that as we were attempting to have
the
ncgenweb.com and
ncgenweb.net shut down, one of the first
things namezero did was to check with the state of NC to see
if we had registered our name with the state. I believe if
we had been registered with the state then our complaint would
have carried more weight with namezero.
The same person also wanted to know what the cost would be to
fight the three domains. Well, we all know that to go through
the ICAN it is quiet expensive. But I don't think that question
is pertinent to whether we should register NCGENWEB with the
state of NC. Registering NCGENWEB will not necessarily mean
that we will definitely go on with an expensive fight. I don't
think the registration of NCGENWEB should hinge on whether we
plan to fight the three domains or not.
From what I understand about the USGenWeb filings, there
would
have to be an application and fee for each state. I
don't expect that USGenWeb would be willing to handle things
on the State level for us. I can't see paying the fee for
the Federal registration when we can register in NC for $50.00.
There are areas where federal registration would afford us more
protection, but I would like to see us start with the NC
registration. If we really feel at a later date that we need
the Federal registration, we can still do it later.
Another question was, have we consulted a lawyer. I have not
personally spoken with an attorney. However, two attorneys
have been consulted concerning this. One, a college professor,
the other a practicing attorney in NC, I believe.
I have the money to go ahead with things. If we vote to go ahead
with registration and someone wants to contribute to the cost, let
me know and I will send information about how to do that.
If someone wants to make a motion to have a vote about this,
then go ahead. We can designate 7 days for any discussion and
then have the vote if that is what is wanted by the CCs.
Sharon
Diana wrote:
----- Original Message -----
From: "Sharon Williamson" <Watauga(a)att.net>
To: <NCGENWEB-L(a)rootsweb.com>
Sent: Wednesday, February 21, 2001 10:37 PM
Subject: [NCGENWEB] ADMIN MESSAGE - RESPONSE REQUESTED
> 1 - Do we, as NCGenWeb, want to pursue Registration of NCGenWeb as a
Service
> Mark with the state of NC?
Paul Buckley wrote:
My opinion of steps to solidify the NCGenWeb project as a "legal entity"
should be to obtain an EIN, register the association name with the NC
Secretary of the State, and make appropriate filings with each county. US
trademark/servicemark registration may not be necessary as we are a part of
the USGenWeb project that should have its own national filing.
I like Paul's suggestions. The fact that the USGenWeb project is pursuing
registration of their service mark may give us some protection. It does not
necessarily preclude our registering our own. I think we need to have some
discussion on this.
Can anybody tell me what, if anything, has been done as far as registering
our association name with the NC Secretary of the State or acquiring any
kind of identification number? In other words, where are we in this
situation?
Thanks,
Diana H. F.