Author Topic: Urban Homesteading trademarked, Dervaes Family gets Death Threats  (Read 136529 times)

Offline Woody Borghini

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #150 on: February 20, 2011, 10:00:16 PM »
Okay. I get it.

I actually didn't read thoroughly the paragraph Nic referenced. I definitely don't agree with this type of crap. And I can see how people have probably already been harmed by this.

While I don't like to get wrapped up in trivial battles/arguments, I actually share the frustration in this fiasco.

Lemme ask you this: is there any chance still that this could be changed? Is it in deliberation, or something? Or is it said and done, and now we can just fume about it?

Thanks guys,
Woody

Offline Amator

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #151 on: February 20, 2011, 11:04:44 PM »
Lemme ask you this: is there any chance still that this could be changed? Is it in deliberation, or something? Or is it said and done, and now we can just fume about it?


Enough people are pissed off enough about this that I definitely think they will try to get the trademark yanked.

Or as far as the Dervaes' themselves cancelling the trademark?  I'm sure it would help, but right now their name is mud and I don't think that would do a whole lot.  Acting as you should only while under public scrutiny does not an ethical person make.

Offline Sweethearts Mom

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #152 on: February 21, 2011, 04:58:15 AM »
My biggest hope here is that all of the local places that purchase their home grown products cease. Cut the cord now. Anyone who purchases anything from them cease. Cut off the flow of any income from their little projects.

I also would love to talk to their neighbors. I wonder if they hear and see stuff that you don't see in their public image.

Offline hanzel

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #153 on: February 21, 2011, 06:50:33 AM »
Here is an interesting question.  How do you "trademark" a "copyright" name ?

The term "urban homestead" is copyrighted

http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?v1=2&ti=1,2&Search_Arg=urban%20homestead&Search_Code=FT*&CNT=25&PID=BBQ1ubXdnCmSxrRvBh-yJM4hWL&SEQ=20110221083841&SID=2  This link will expire so you may need to do a new search.

here is the trademark information

http://tess2.uspto.gov/bin/showfield?f=doc&state=4008:pfta2d.2.1

the claim being ..

IC 041. US 100 101 107. G & S: Educational services, namely, conducting informal programs in the fields of sustainable living, organic foods and gardening, homesteading, the environment, and conservation, using on-line activities and interactive exhibits; entertainment services, namely, providing a web site featuring photographs and audio and video recordings featuring instruction and current events reporting on sustainable living, organic foods and gardening, the environment, and conservation; on-line journals, namely, blogs featuring the subjects of sustainable living, organic foods and gardening, the environment, and conservation. FIRST USE: 20021200. FIRST USE IN COMMERCE: 20030100

Looks like there are making a bigger claim then I first thought.

Offline Mr. Bill

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #154 on: February 21, 2011, 07:11:19 AM »
Here is an interesting question.  How do you "trademark" a "copyright" name ?

The term "urban homestead" is copyrighted

No, I believe that's the title of a text of some sort (book or article) that's copyrighted.  You can't generally claim copyright on 2 words -- it has to be a creative work of some sort.  But this does provide one more bit of evidence that the term was in wide use before the Dervaes' trademark application.

Offline kenser321

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #155 on: February 21, 2011, 07:33:26 AM »
A reply e-mail from Kelly Coyne. Thought everyone might want to read.


Dear Mr. (My Name),

We have been in touch with Mr. Spirko, and have told him we'd love to be on his show. We just have to work out the details.

Thank you so much for purchasing our book. Mr. Spirko's campaign in support of it was a complete surprise to us, and a very pleasant "side effect" of this controversy.

You can believe that we and our publisher will be fighting those tradmarks--for everyone's sake.

All best

Kelly Coyne
 
 




Offline Amator

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #156 on: February 21, 2011, 07:55:23 AM »
Not my image, but I found it fitting.


Offline Dawgus

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #157 on: February 21, 2011, 09:24:15 AM »
Amator- Someone on my FB posted that a few hours ago. It's already my new profile pic there. I'm thinking about using it here, but I'm willing to bet there will be quite a few.

 I wanna have this made into a flag to fly in my garden!

Offline Nicodemus

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #158 on: February 21, 2011, 09:52:41 AM »
A reply e-mail from Kelly Coyne. Thought everyone might want to read.

Dear Mr. (My Name),

We have been in touch with Mr. Spirko, and have told him we'd love to be on his show. We just have to work out the details.

Thank you so much for purchasing our book. Mr. Spirko's campaign in support of it was a complete surprise to us, and a very pleasant "side effect" of this controversy.

You can believe that we and our publisher will be fighting those tradmarks--for everyone's sake.

All best

Kelly Coyne

Awesome. Thanks for the heads up, kenser!

Offline Nicodemus

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #159 on: February 21, 2011, 09:53:10 AM »
Not my image, but I found it fitting.



Great image!

Offline hanzel

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #160 on: February 21, 2011, 04:02:50 PM »
Little more info for those who want it:

Application Number    77574809
Applicant    Dervaes Institute

ERIK M. PELTON ERIK M. PELTON & ASSOCIATES, PLLC
PO BOX 100637
ARLINGTON, VA 22210-3637
UNITED STATES
uspto@tm4smallbiz.com
Applied for Mark    URBAN HOMESTEAD

Offline NotAGrasshopper

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #161 on: February 21, 2011, 04:07:10 PM »
Note that they claim to have been using the mark (Urban Homestead) in interstate commerce since 01/2003.   

Offline Sister Wolf

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #162 on: February 21, 2011, 04:13:33 PM »
Not my image, but I found it fitting.



Amator,

"Resistance Is Fertile" is one of the TSP slogans we've been using for a year or more (on T-shirts in our zazzle store).  I'm gonna have to see about purchasing that art.  It's AWESOME!

Offline Mr. Bill

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Offline Lunk

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #164 on: February 21, 2011, 07:31:28 PM »
I found a link to Change.org for the petition to cancel the trademarks.

http://www.change.org/petitions/cancel-trademarks-on-urban-homestead-and-urban-homesteading

Offline Amator

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #165 on: February 21, 2011, 07:45:04 PM »
Amator,

"Resistance Is Fertile" is one of the TSP slogans we've been using for a year or more (on T-shirts in our zazzle store).  I'm gonna have to see about purchasing that art.  It's AWESOME!

It is pretty good.  I'd love to see if you were able to license it for use here...it looks like it's only available in tshirt from in the UK. 

Speaking of licensing shirt designs...with the thousands of people on the Take Back Urban Homesteading Facebook group maybe you and Nicodemus should get together and make a shirt with his design?

Offline Sister Wolf

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #166 on: February 21, 2011, 08:26:48 PM »
It is pretty good.  I'd love to see if you were able to license it for use here...it looks like it's only available in tshirt from in the UK.  

Speaking of licensing shirt designs...with the thousands of people on the Take Back Urban Homesteading Facebook group maybe you and Nicodemus should get together and make a shirt with his design?

Yeah, I emailed them with a request to purchase a non-exclusive license to be able to sell the shirts here in our shop.  I don't want or need the monopoly on them, but I love the design and it's right up our alley.

Edit:  As for Nic's art.  Ooooooooh, that's a REALLY interesting idea.  Will have to talk to Nic about it.  He might not be terribly keen on the idea, due to licensing issues (I don't know how Zazzle treats artists).

Offline NotAGrasshopper

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #167 on: February 21, 2011, 08:59:38 PM »
SW - Zazzle looks like they treat artists pretty well. They charge a flat price per product and 100% of any additional royalty goes to the artist. Maybe less credit card fees. I'm working with a Zazzle artist right now...

Offline Sister Wolf

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #168 on: February 21, 2011, 09:59:34 PM »
SW - Zazzle looks like they treat artists pretty well. They charge a flat price per product and 100% of any additional royalty goes to the artist. Maybe less credit card fees. I'm working with a Zazzle artist right now...

Fantastic.  Then I suppose it's up to Nic whether or not he allows us to sell his art on t-shirts at Zazzle.

That's not an easy choice to make, so I'll let him approach me if he decides he wants to do it.

Offline Dawgus

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #169 on: February 22, 2011, 04:41:28 AM »
In case anyone hasn't seen it yet, EFF sent their own cease and desist letter.

https://www.eff.org/files/LTTDervaes.pdf

Offline langloisandy

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #170 on: February 22, 2011, 05:59:20 AM »
So...uh.... should I get a URL/Trademark on Urbane Homestead ???

When the C&D letter comes, tell them that they are not Urbane enough to even talk with me let alone boss me around?

;)

Andy

Offline NotAGrasshopper

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #171 on: February 22, 2011, 06:59:12 AM »
Oh my, it looks like EFF has Dervaes by the nuts.  Seems like the DMCA takedown notices were improper as they can only be used to stop copyright infringement, not alleged trademark infringement.  Dervaes is liable for damages for the improper notices.  This is gonna be good.

Offline Nicodemus

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #172 on: February 22, 2011, 07:08:10 AM »
Fantastic.  Then I suppose it's up to Nic whether or not he allows us to sell his art on t-shirts at Zazzle.

That's not an easy choice to make, so I'll let him approach me if he decides he wants to do it.

Approached.  :D
I'm sure we could work something out, Sis.

I know very little about Zazzle, but I have perused the site and forums previously and didn't see any artist complaints.

The design might need a little bit of a change to get it up to an understandable message. We pretty much all get it because it's tied to this particular thread, but it's kind of an inside joke and I don't know what a larger audience would think. I'd also consider taking "B*tch" off of it to make it a little more palatable.

Offline donaldj

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #173 on: February 22, 2011, 10:27:49 AM »
In case anyone hasn't seen it yet, EFF sent their own cease and desist letter.

https://www.eff.org/files/LTTDervaes.pdf

This is WIN and I encourage everyone to read it.

Offline Nicodemus

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #174 on: February 22, 2011, 10:38:47 AM »
Nice!

Offline archer

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #175 on: February 22, 2011, 10:44:15 AM »
Nice, looks like the Dervaes are going to be in a world of shit soon...

Offline TexDaddy

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #176 on: February 22, 2011, 11:56:50 AM »
This is WIN and I encourage everyone to read it.
I agree. I haven't enjoyed reading anything that much in awhile. (Especially, a letter written by a lawyer.  :D )

Nice, looks like the De®vaes are going to be in a world of shit soon...
What goes around, comes around. They deserve it.

Offline hanzel

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #177 on: February 22, 2011, 12:32:06 PM »
I agree. I haven't enjoyed reading anything that much in awhile. (Especially, a letter written by a lawyer.  :D )
What goes around, comes around. They deserve it.

I agree, it is good reading, however, now what will I do with my "De®vaes Family did not invent urban homesteading" trademark ?  ;D ;D ;D

Offline Morning Sunshine

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #178 on: February 22, 2011, 12:35:21 PM »
In case anyone hasn't seen it yet, EFF sent their own cease and desist letter.

https://www.eff.org/files/LTTDervaes.pdf

sweee-eeet!

Offline Greywolf27

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Re: Urban Homesteading trademarked, Dervaes Family gets Death Threats
« Reply #179 on: February 22, 2011, 02:07:12 PM »
In case anyone hasn't seen it yet, EFF sent their own cease and desist letter.

https://www.eff.org/files/LTTDervaes.pdf

Wow... I guess ego can only take you so far...