Maybe someone will make sense of this sooner or later.
---------- Forwarded message ----------
Date: Fri, 15 Sep 2000 15:36:00 -0600
From: W. David Samuelsen <dsam(a)sampubco.com>
To: youngqui(a)interl.net, celitoml(a)kcls.org, ArtDept(a)Compuserve.com,
miamibig(a)flash.net
Subject: Attorney has replied....
Permission is granted to forward to all lists.
I took all the papers printed out including
1. USGenWeb Project bylaws
2. delinked Census Project incorporation
3.
USGennet.org
4. my nasty message
5. Linda Lewis' response
6. USPTO trademark information in question
Facts:
1. The USGenWeb Project is not incorporated as public entity as
USGennet.org and delinked CP are.
2. USGW Project has no designated address
3. USGW Project has no designated agent
4. USGW Project has no treasurer
The attorney replied:
1. The AB has no legal rights whatsoever to the "USGenWeb Archives",
Linda R. Lewis is the legal owner as individual representing
the USGenWeb Archives because the AB had been dragging on getting
the trademarks registered. Linda had already told the AB few times
last July that she will turn it over to the Project when the Project
is incorporated.
2. The Project's bylaws need to be cleaned up before incorporating
as a public entity.
3. The AB can NOT subordinate or subjugate any state project or
special projects that exist before September 1998, meaning the
AB can NOT force even KYGenWeb to give up the name "KYGenWeb" over
to the Project. Not any state project that existed prior to September
1998 when the AB came into the existence. ONLY after agreements have
been reached between the AB and all pre-existing projects, then the
AB can do - AFTER incorporating as public entity.
4. The CP can petition to return to the main fold since they
dissolved the for profit corporation, basis for the final delink, and
they have formed public entity corporation. However they will have
a problem because they listed "USGenWeb Census Project" as one of
their trademarks. The CP people are free to register the last
referenced trademark with the USPTO.
As I said before, sit down and negotiate with Linda Lewis instead,
and use the monies for paying the expenses of incorporation as
public entity.
The attorney belongs to a multi-state law firm with at least 250
attorneys and occupy one of most prestigous addresses in Salt Lake
City. This is the same law firm I retained to represent me in my
extreme successful fight to get another non-profit organization to
clean up their act and bylaws to be legal again.
W. David Samuelsen