Author Topic: Urban Homesteading trademarked, Dervaes Family gets Death Threats  (Read 135473 times)

Offline Serenity Gulch

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I've been reading over on another site that the Dervaes family has registered the phrases "Urban Homestead" and "Urban Homesteading" as trademarks and are now having their lawyer send out "cease and desist" letters to other businesses, bloggers, and educational entities that use the phrase. They're also getting pages shut down on Facebook due to trademark infringement. Anyone else hear anything about this?

Offline smittymoo

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #1 on: February 16, 2011, 12:10:40 PM »
No but I think that trademark will be hard to defend based on Prior use.

nkawtg

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #2 on: February 16, 2011, 12:28:12 PM »
No but I think that trademark will be hard to defend based on Prior use.
Yes, but the deeper pockets win and the Dervaes family is making a ton of money now that they're famous.
It's sad really.

Offline kevo

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #3 on: February 16, 2011, 12:47:01 PM »
According to the Dervaes Family Facebook page, which is ran by them, they state they are receiving death threats. But not for what you think.

Apparently, the have trademarked the term "Urban Homestead" and have been enforcing it with legal action, which seems to have backfired.
http://www.trademarkia.com/urban-homestead-77574809.html

Im on the fence about this... Clearly the want to protect their business and reputation but this seems like such drastic measures. It seems very anti to the movement they are promoting.

What do you think?

Offline kevo

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #4 on: February 16, 2011, 12:54:40 PM »
Check out the "Dervaes Family" Facebook page... Lots of discussion there with most people disappointed with Dervaes family. It seems very anti to the movement they promote.

Offline TexDaddy

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #5 on: February 16, 2011, 12:54:51 PM »
It really seems like they are over reaching to me. They may be able to pull it off, but prior usage and common phrases considered, it will take some doing.

I was disappointed in them when I heard about this. It is still no cause for death threats, if it is more than a publicity stunt. I am sorry for this idea coming to mind, but after the trademarking stunt, who knows?

endurance

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #6 on: February 16, 2011, 01:05:18 PM »
Personally, I think copywriting terms like Urban Homestead is just silly.  Is Jack going after Ferfal for http://www.themodernsurvivalist.com?  I know Susan G. Komen is also suing everyone using the term "for the cure" in any event or promotion and I've stopped giving to them as a result.  There's more than one disease, there's more than one urban homesteader, and there's more than one modern survivalist.

Frankly, between that and never coming on the air with Jack, I'm about done with the Dervaes family.

nkawtg

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #7 on: February 16, 2011, 01:29:51 PM »
I'm just guessing, but when they started gaining the limelight some studio lawyer must have mentioned a trademark, that and greed has taken over common sense.
Like an incandescent bulb with too much juice, they will flair brightly for a time, and suddenly die out.
Call it the lottery syndrome....

Offline kevo

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #8 on: February 16, 2011, 01:38:20 PM »
The correspondent for the trademark is a trademark attorney in VA that specializes in small business trademarking.

Offline thezoo

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #9 on: February 16, 2011, 01:42:23 PM »
maybe someone here needs to trademark the word homestead, then sue the but of the dervaious however you spell their name,  however that person needs to have a good moral fiber, only target those ass clowns, and not johnny max or anyone else ;D

Offline Amator

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #10 on: February 16, 2011, 01:42:51 PM »
Interesting...the Facebook link on http://urbanhomestead.org/contact is http://www.facebook.com/dervaes which just redirects to Facebook's homepage.

Offline Nicodemus

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #11 on: February 16, 2011, 01:53:27 PM »
Once again proving to me that no matter how much you like some people, what they stand for or what they are doing, they are bound to disappoint you in one way or another.

It's one thing to copyright a business name to protect your reputation and so on, but this whole copyrighting terminology seems to go overboard quite often.

I guess they're lucky that no one with the Underground Railroad Heritage or History sites and projects have decided to sue the Dervaes Family for using "Path to Freedom"...
« Last Edit: February 16, 2011, 02:01:35 PM by Nicodemus »

Offline Greywolf27

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #12 on: February 16, 2011, 02:01:35 PM »
kind of like trademarking a plant.....

Offline Roswell

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #13 on: February 16, 2011, 02:04:06 PM »
Interesting...the Facebook link on http://urbanhomestead.org/contact is http://www.facebook.com/dervaes which just redirects to Facebook's homepage.

The Dervaes Family deleted that FB page where the discussion was going on.  They have several other FB pages though.

Offline Todd R

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #14 on: February 16, 2011, 02:10:41 PM »
So all these books and magazines I have collected over the last 5 years that use the phrase "urban homestead"... I need to destroy them immediately, right? Or do I just need to mail a check to Jules for proper compensation?

Its always sad to see someone tarnish the reputation of a lifes work in a grab for quick cash.

Offline archer

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #15 on: February 16, 2011, 02:11:03 PM »
This really ticks me off, I am going to send them a letter/email about this.. Maybe we should get a petition going to stop this. They are hurting the cause of urban homesteading.

Offline Sister Wolf

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #16 on: February 16, 2011, 02:21:31 PM »
I do not understand, in the slightest, why on Earth they've done this.

I'm going to flat out ask them via email why they've done it.  If they don't want to answer that question, they shouldn't have done it in the first place.

I AM an urban homesteader.  I will NEVER stop using the terms "urban homestead", "urban homesteading", or "urban homesteader" or any variation thereof.  I am a free human being, and I don't take well to being told I'm not allowed to use a phrase in print, because somebody has paid some government agency for special privileges.  

As others have said, this is completely anti-path-to-freedom.  It's not a business decision that makes sense.  It's got NOTHING to do with growing things, or living free.  It smacks of a very ugly, greedy sort of evil that Californians are very used to seeing.  I just hoped and thought that the Dervaes' were different.  Sort of untouched by the Califungus that eats most other huge movements that originate here.  And yeah, even though Mr. Dervaes has been doing this all over the world, Path To Freedom originated here in California.  About a half hour from me, actually, in Pasadena.

And as somebody has said to me in private, if their premises for doing this are as blatant as they seem (we want you to stand up to the government! do the RIGHT thing!  but don't you dare use this phrase, because we paid the same government to tell you that you can't), then the name of this board ought to be changed to "Path To Censorship".

I won't be giving them any hell on their FB page, or on their blog.  But I think they owe their fans and those of us who have respected them, spent money with them, and taken inspiration from their always-consistent actions (until now) an explanation.  If they had or have any backbone at all, they'll do so.  Sooner rather than later.

Offline archer

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #17 on: February 16, 2011, 02:39:28 PM »
I've emailed them @ info@pathtofreedom.com. Do you have a direct email address?

Offline Sister Wolf

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #18 on: February 16, 2011, 02:57:32 PM »
I've emailed them @ info@pathtofreedom.com. Do you have a direct email address?

Jordanne's got an account here.  I'm sure her email address is in her profile.

Offline Amator

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #19 on: February 16, 2011, 02:58:50 PM »
But I think they owe their fans and those of us who have respected them, spent money with them, and taken inspiration from their always-consistent actions (until now) an explanation.  If they had or have any backbone at all, they'll do so.  Sooner rather than later.

Damn right!  I am severely disappointed right now.  I held the Dervaes family in the highest esteem along with Wendell Berry, Joel Salatin, Sepp Holzer, and Jack Spirko.

Offline Sister Wolf

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #20 on: February 16, 2011, 03:02:02 PM »
The open letter to them that I posted on my FB page:

Dear Dervaes Family,

 
There is never a reason for "death threats" and I hope you're hyping that, and that it's baloney. Or if it's not, I hope they find the bastards who issued the death threats, and I hope the government you're so buddy-buddy with now takes care of them for you.

 
But let me tell you, I am FULLY p-worded off about the fact that you've trademarked the phrases "urban homestead" and "urban homesteading". You've lost my business, my recommendations, and - most importantly - my respect. I expected better out of you, but I guess the Califungus worked its way into your pockets as well.


Look, the bottom line is this:

Either you need to retract your nonsense, or you need to go out of business the ol' free market way. And believe me, people WILL stop spending their money with companies that try to corner the market on freedom. I'm just shocked that you even considered doing it, or worse, that you considered it, thought it was a great idea, and then FOLLOWED THROUGH.

 
You need to address this candidly with your former fans. You owe us an explanation.

 
I'm just so disappointed.  I have this sick feeling that you'll use the "death threats" BS to make a stand on the subject of taking away others freedoms (as a reporter on South Park was once want to say, "If irony were strawberries, we'd all be drinking a lot of daiquiris right now"), and that people will actually back you for no reason other than the fact that you won't back down from a death threat.

 
Forget the fact that what you're doing goes against every single thing you've ever taught.  Forget the fact that you're raping the entire concept of freedom by doing this.  Forget the fact that what you're doing goes against every moral fiber of my nature.

What you're doing is WRONG.  You're hurting the urban homesteading (oooh, I said the words! better sue me!) community, and you're hurting yourselves in doing so.

 
You need to stop, backpedal, apologize, and explain how you took so many wrong turns in the first place.  Bring the death threats to the authorities and let THEM deal with it.  Don't cry-whine about it on your twitter page and delete every single conversation about the situation you created on your Facebook pages.

 
You're abandoning everybody who has ever supported you, and everything we stand for.  I hope you're happy with that, Path To Freedom.  And I hope you understand just how disappointed I am, and just how much I will talk about this, and about what sort of a "path" you really are to every single person I meet here in California, and every single other place I ever go where your names are collectively or individually brought up.  You're no different from the government here.  Corrupt from the toes up.  Greedy to the core.


I'm disgusted, and I hope you realize just what a huge mistake this was.


-[name redacted even though most of you already know my name lol] - an urban homesteader who refuses to stop speaking or typing those words for anybody's sake.

nkawtg

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #21 on: February 16, 2011, 03:24:33 PM »
I just googled urban homestead and trademark and found this;
http://urbanhomestead.org/journal/2011/02/16/fyi-urban-homestead-trademark-matter/

It's a claim that the cease and desist letters are false.

Here is a FAQ on the subject.
http://urbanhomestead.org/faq

Still don't buy the whoe "keeping the name pure" thing.

Offline Ori

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #22 on: February 16, 2011, 03:33:23 PM »
From their FAQ

"But I want to write about my urban homestead -- can I not use or refer to "Urban Homesteading" or "Urban Homestead" in my blog?
If you aren't using it to make money and are simply documenting your life or sharing your information, this would only require that you update your websites and articles to properly cite our works and properly acknowledge if used. 

When using these trademarked terms, the proper way to go about it is as follows:

Proper trademark usage should include the proper trademark notice [®],  and note in close proximity that the term is a protected trademark of Dervaes Institute or link to the site.

URBAN HOMESTEAD®

URBAN HOMESTEADING®

That's it!  If you want to label a for-profit endeavor with the term, we ask that you contact us first. 

Thank you in advance for respecting our legally protected intellectual property rights. If you have been supportive of our ten-year online work in the past, we appreciate very much your continued support.

If you have any questions regarding the use of Dervaes materials or trademarks, please contact us at (626) 795-8400. We would be glad to provide you with more details.”

That’s the most ridiculous thing I’ve heard today. My garden, my URBAN HOMESTEAD has nothing to do with the Dervaes, nothing to do with what they’ve done, and absolutely nothing to do with their “works.”

Offline archer

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #23 on: February 16, 2011, 03:47:47 PM »
screw 'em.

Offline Sister Wolf

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #24 on: February 16, 2011, 03:53:57 PM »
I just googled urban homestead and trademark and found this;
http://urbanhomestead.org/journal/2011/02/16/fyi-urban-homestead-trademark-matter/

It's a claim that the cease and desist letters are false.

That IS a cease and desist letter.  Just because the actual phrase "cease and desist" isn't in the letter doesn't make it any less of what it is.  That's like calling a fart a "digestive exclamation".  It's a fricking fart, regardless of what you call it.

The fact that she posted that letter and tried to basically say, "what?  what's wrong with us telling you that you can't use that phrase when referring to urban homesteading? that's not us telling you you can't use it.  It's just us telling you you can't use it.  Duh.  There's like totally a difference."

What is the matter with people this year?  GET A FRICKIN' CLUE.

Offline joeinwv

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #25 on: February 16, 2011, 03:57:19 PM »
If someone is a Robert Jordan / Wheel of Time fan - is it okay for the Ogiers to refer to it as an Urban Homested or Urban Homestedding?


I guess we will need a new vocabulary, as soon as the suburbanhomesteading, oursuburbanhomestead, yoursuburbanhomestead, suburbanmicrofarm, mysuburbanhomestead - all have to shut their sites down.

(I am not posting links to post other sites, but there are a ton of derivations already online.)

Offline Nicodemus

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #26 on: February 16, 2011, 03:57:32 PM »
Along the same lines, I think Bill Mollison tried to Trademark the term "permaculture" at one point and was denied. At least he came up with the term and it wasn't a well used Adjective and Noun put together.

I'd be interested to know if the term "Urban Homestead" existed prior to the Stumbling Block to Freedom website.

In any case, perhaps this is all some huge internet misunderstanding. I hope those of you that sent out emails asking are answered. Please keep us informed.

 

Offline Nicodemus

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #27 on: February 16, 2011, 03:59:59 PM »
That IS a cease and desist letter.  Just because the actual phrase "cease and desist" isn't in the letter doesn't make it any less of what it is.  That's like calling a fart a "digestive exclamation".  It's a fricking fart, regardless of what you call it.

Ha! Digestive Exclamation© Sis  :rofl:

Offline Sister Wolf

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #28 on: February 16, 2011, 04:02:24 PM »
In any case, perhaps this is all some huge internet misunderstanding. I hope those of you that sent out emails asking are answered. Please keep us informed.

Anais's post about the cease and desist letter leads me to believe that we're not the ones who are misunderstanding anything.  They are.  I highly suggest that if any of you "like" them on facebook or follow them on Twitter, just stop.  Ban these posers.

nkawtg

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #29 on: February 16, 2011, 04:05:19 PM »
Sheesh, it's like trademarking "Cattle Ranch"