Author Topic: Urban Homesteading trademarked, Dervaes Family gets Death Threats (Read 155810 times)

summer98 · « **Reply #90 on:** February 17, 2011, 06:02:18 PM »

Quote from: Nicodemus on February 17, 2011, 01:02:01 PM

if anyone else is interested in ordering this book, the title is "The Urban Homestead: Your Guide to Self-sufficient Living in the Heart of the City". It can be purchased in paper or electronic versions from Amazon.

Sorry about getting the name wrong...I've been home all day with a nasty sinus infection and my noggin is none too clear!

Nicodemus · « **Reply #91 on:** February 17, 2011, 06:34:49 PM »

No worries. Get well soon!

Cooter Brown · « **Reply #92 on:** February 17, 2011, 07:36:07 PM »

Quote from: donaldj on February 17, 2011, 05:36:24 PM

However, copyrighting "Ass clown" might have a lot of support...

Hmm, does that mean that noone could actually be one without Jack's prior permission?

Mr. Bill · « **Reply #93 on:** February 17, 2011, 08:46:48 PM »

This situation has made it to BoingBoing, which is, last I heard, the most popular blog on the planet.

I think the Dervaes's may be having a Mubarak Moment. I hope they will realize that the overwhelming opposition means that they've screwed up. It's time for a graceful surrender and apology. (And for firing their intellectual-property attorney!)

nkawtg · « **Reply #94 on:** February 17, 2011, 09:41:57 PM »

They may not have a leg to stand on. According to their trademark activity, (here is the link: http://tmportal.uspto.gov/external/portal/tow?SRCH=Y&isSubmitted=true&details=&SELECT=US+Serial+No&TEXT=77574809) their Urban Homestead application was disapproved once.
They signed a declaration that Urban Homestead was a distinctive trademark for at least 5 years. I don't think they can back that up.
See the declaration:
http://www.flickr.com/photos/26331487@N06/5454759825#

Next here is a catalog from a different different company.

http://www.flickr.com/photos/26331487@N06/5454759783/#

I think it shows that the De®vaes have not had exclusive or distinctive use of the trademark.
Any thoughts?

Sister Wolf · « **Reply #95 on:** February 17, 2011, 09:49:47 PM »

I agree. They've NEVER had a distinctive/exclusive use of "urban homestead" OR "urban homesteading". Not in the last 5 years. Not ever.

They're tools, they're greedy, and honestly... at this point, I wouldn't care if they came back and said that their attorney had a gun to their collective heads and forced them physically to defend themselves, or to create the trademark to begin with. I'm done with them, and I hope their business falls so hard, it's incapable of ever being revived.

Use that to pay your bills, Jules.

chrisdfw · « **Reply #96 on:** February 18, 2011, 12:02:41 AM »

Quote from: Sister Wolf on February 17, 2011, 09:49:47 PM

I agree. They've NEVER had a distinctive/exclusive use of "urban homestead" OR "Urban homesteader". Not in the last 5 years. Not ever.

They're tools, they're greedy, and honestly... at this point, I wouldn't care if they came back and said that their attorney had a gun to their collective heads and forced them physically to defend themselves, or to create the trademark to begin with. I'm done with them, and I hope their business falls so hard, it's incapable of ever being revived.

Use that to pay your bills, Jules.

And I agree with this, well said.

Lets just trademark every common phrase and try to rip off everyone using it before because they never imagined you could copyright a common combination of words. I hope someone being bullied legally rips their f-ing heads off.

The Wilderness · « **Reply #97 on:** February 18, 2011, 12:06:10 AM »

Quote from: Sister Wolf on February 17, 2011, 09:49:47 PM

Use that to pay your bills, Jules.

I love my wife.

TW

thezoo · « **Reply #98 on:** February 18, 2011, 01:54:54 AM »

Quote from: The Wilderness on February 18, 2011, 12:06:10 AM

I love my wife.

TW

Im never gonna f with her for sure, I wouldnt have to worry bout you kicking the crap out of me, I'd have to beg you to get her off of me before she killed me

kenser321 · « **Reply #99 on:** February 18, 2011, 02:34:24 AM »

Ordered!

Trash · « **Reply #100 on:** February 18, 2011, 03:56:03 AM »

I too am disheartened about this but dont let ths break the movement. Shams and Charlatans abound to divide and conquer and attempt tp break the spirit of the movement

Nicodemus · « **Reply #101 on:** February 18, 2011, 06:49:02 AM »

Quote from: Mr. Bill on February 17, 2011, 08:46:48 PM

This situation has made it to BoingBoing, which is, last I heard, the most popular blog on the planet.

I think the De®vaes's may be having a Mubarak Moment. I hope they will realize that the overwhelming opposition means that they've screwed up. It's time for a graceful surrender and apology. (And for firing their intellectual-property attorney!)

Last year when the "Cooks Source" plagiarism story hit BoingBoing, Reddit, et al. the story blew up and people who didn't care about recipes or anything related to cooking started jumping on the internet justice train. The Cooks Source hullabaloo probably could have been avoided early on if the editor of the magazine had stood back and taken a different tact, but she chose not to. I think we're seeing a little bit of the same thing here. The initial reaction to objections of the copyrighting of "Urban Homestead" by the Institute could have made all the difference.

This is not going to be pretty.

Here is an OC Weekly article on the story that was linked through BoingBoing. There are some good updates there.

Oops... That BoingBoing got into my FaceBook...

Nicodemus · « **Reply #102 on:** February 18, 2011, 07:28:52 AM »

Here is a story from LA Weekly on how the copyright claim and the "De®vaes Institute Not-a-Cease-and-Desist Letters" have directly affected people within the "Homesteading of the Urban" community.

From the article linked above:
"A farmers market she had contacted in Denver, Colorado, that used their Facebook page to do outreach to 2000 people was shut down. The IUH's (Institute of Urban Homesteading) page met a similar fate shortly after, cutting off one of Blume's more important communication tools." Parenthesis added by me

Denver Urban Homesteading Notice of their FaceBook page being disabled by FaceBook over alleged copyright infringement.

atherts · « **Reply #103 on:** February 18, 2011, 07:44:30 AM »

This is a good lesson for anyone doing business on the Internet. The public is volatile and immediate response is necessary, right or wrong. Silence, deleting responses or communication methods are not good form and not an option. Think ahead to possible reprecussions to legal actions. Have had a clear defense posted as soon as the first response hits.
This is still a new communication medium and the rules are still being written and in flux.

Quote from: Trash on February 18, 2011, 03:56:03 AM

I too am disheartened about this but dont let ths break the movement. Shams and Charlatans abound to divide and conquer and attempt tp break the spirit of the movement

KYdoomer · « **Reply #104 on:** February 18, 2011, 08:43:32 AM »

Mark Twain summed it up best when he said: "a man who carries a cat by the tail learns something he can learn in no other way".

J

boboroshi · « **Reply #105 on:** February 18, 2011, 09:28:45 AM »

Quote from: nkawtg on February 17, 2011, 09:41:57 PM

They may not have a leg to stand on. According to their trademark activity, (here is the link: http://tmportal.uspto.gov/external/portal/tow?SRCH=Y&isSubmitted=true&details=&SELECT=US+Serial+No&TEXT=77574809) their Urban Homestead application was disapproved once.
They signed a declaration that Urban Homestead was a distinctive trademark for at least 5 years. I don't think they can back that up.
See the declaration:
http://www.flickr.com/photos/26331487@N06/5454759825#

Trademarks require that there be no prior art of it.
http://www.uspto.gov/smallbusiness/patents/filing.html

If it's been used before they used it, they're basically out of luck.

And this is just quite disappointing. I had encouraged my sister (who lives in Pasadena) to buy from them. This kind of behavior is just greed centric.

Next here is a catalog from a different different company.

http://www.flickr.com/photos/26331487@N06/5454759783/#

I think it shows that the De®vaes have not had exclusive or distinctive use of the trademark.
Any thoughts?

Serenity Gulch · « **Reply #106 on:** February 18, 2011, 10:50:20 AM »

Quote from: Nicodemus on February 18, 2011, 07:28:52 AM

Denver Urban Homesteading Notice of their FaceBook page being disabled by FaceBook over alleged copyright infringement.

So what's this about the Dervaes Institute being incorporated as a church? I was aware that Jules has some pretty out-there religious beliefs (Google swordofjoshua.org, most of the page links are broken but you can still see them using the cache view) but this is the first I've heard of an Urban Homesteading Church. I wonder if the person making this claim is just confused about what a 501(c)3 organization is?

chrisdfw · « **Reply #107 on:** February 18, 2011, 10:56:07 AM »

http://www.flickr.com/photos/26331487@N06/5454759825#

Looks to me like that perjury has been committed here, especially since the term has been in use before them and being used by others before they used it.

Someone who has had their web page or facebook page taken down needs to sue the cr@p out of them.

Where do I send my check. I've seen people do this before, once a term becomes popular someone tries to trademark and bully others from using it. Sorry, but you have to trademark and have exclusive use first, you don't get to come in after the fact and rip people off.

I am pissed off and feel sorry for everyone getting bullied.

archer · « **Reply #108 on:** February 18, 2011, 04:24:19 PM »

Quote from: Serenity Gulch on February 18, 2011, 10:50:20 AM

So what's this about the De®vaes Institute being incorporated as a church? I was aware that Jules has some pretty out-there religious beliefs (Google swordofjoshua.org, most of the page links are broken but you can still see them using the cache view) but this is the first I've heard of an Urban Homesteading Church. I wonder if the person making this claim is just confused about what a 501(c)3 organization is?

Use archive.org to look up swordofjoshua.org

cohutt · « **Reply #109 on:** February 18, 2011, 04:43:13 PM »

They've done it.

We were surprised.

We don't like it.

We've vented about it.

So what.

Time for us to get over it.

It will have absolutely no effect over anything I do or don't do in any part of my life in the future. The same is true for most if not all of us.

As members of this forum we are here because we are either wired to be or have awaken to be proactive thinkers. Anything beyond our initial "What a bunch of shitheads" is little more than overly reactive & dramatic indignation.

Why should we waste any more energy or thought on these people and what they have done to disappoint us?

Be done with them and move on.

When you get down to the heart of the matter, do you really care that much?

Really?

I don't.

Nicodemus · « **Reply #110 on:** February 18, 2011, 04:46:20 PM »

cohutt · « **Reply #111 on:** February 18, 2011, 05:04:46 PM »

lol I do think that is pretty funny nico

shadowalker_returns · « **Reply #112 on:** February 18, 2011, 05:23:53 PM »

To get a trademark or copyright you do have to create something that by its form is separate and apart from general usage. If not then one can trademark and copyright any turn of phrase such as "My House" as my brand and anytime anyone uses the term "My House" they will have to include a copyright/trademark notice or risk being sued... This is ludicrous (not the singer). It should not be to hard to break their trademark claim, furthermore the guy with the primary claim would probably be Ken Kern, Ragnar Benson or possibly Kurt Saxon as they used the term over thirty years ago. Ken Kern and his heirs would be my first choice. I understand wanting to protect you intellectual property and such but this is ridiculous. I guess they think no one else has ever read the early Mother Earth News, any of Ken Kern's books or Rob Roy' articles and books or the Have More Plan by the Robinson's (50 years new) or.. well you see my point. A phrase that has been in common use and that has at least two distinct meanings should not be held for private commercial or non-commercial use. The term "Urban Homestead" was used and in use long before the Durveyes became pop culture celebrities. A little research shows they were denied their initial filing. What a difference an appearance on Oprah can make! Just shows anybody can get a big Head once the pop culture-fame thing starts up.

Regards,
Shadowalker

Amator · « **Reply #113 on:** February 18, 2011, 05:28:41 PM »

Quote from: Nicodemus on February 18, 2011, 04:46:20 PM

That is awesome! You should post it on the Take Back Urban Homesteading Facebook page.

Sporadic_E · « **Reply #114 on:** February 18, 2011, 05:32:02 PM »

I am going to the following words:

THE ®
AND ®
AN ®
MURMLE ® (up yours Robert Munch!)

Yeah, the following phrases are mine to!

FELL OFF THE TURNIP TRUCK ®
JESUS CHRIST ON A BICYCLE ®
SUCK IT UP BUTTERCUP ® (no wait, the army can keep that one...)
PORKCHOPS ® (because who doesn't love porkchops! You're bitter you didn't think of it!)

Sister Wolf · « **Reply #115 on:** February 18, 2011, 05:32:35 PM »

Should say "one TRADEMARK at a time" not copyright.

But yeah, it's gorgeous. And I agree with Amator.

Quote from: cohutt on February 18, 2011, 04:43:13 PM

When you get down to the heart of the matter, do you really care that much?

Yes.

Quote

Really?

YES.

Cooter Brown · « **Reply #116 on:** February 18, 2011, 05:53:08 PM »

DRUNK AS COOTER BROWN ®

Nicodemus · « **Reply #117 on:** February 18, 2011, 06:02:23 PM »

Fixed.

Sister Wolf · « **Reply #118 on:** February 18, 2011, 06:06:46 PM »

now go forth and multiply.

PS - you are seriously my favorite graphic designer on the forum. Your stuff always makes me laugh.

Nicodemus · « **Reply #119 on:** February 18, 2011, 06:09:48 PM »

Quote from: Sister Wolf on February 18, 2011, 06:06:46 PM

now go forth and multiply.

PS - you are seriously my favorite graphic designer on the forum. Your stuff always makes me laugh.

Thanks Sis!

And thanks cohutt and Amator!

I would post it on FaceBook, but they have that d@mned "You post it we own it" policy. Bugs me to no end... Granted they never went after "Team CoCo", but he's got a cable network behind him.

News:

Author Topic: Urban Homesteading trademarked, Dervaes Family gets Death Threats (Read 155810 times)

nkawtg