Dervaes Trademarks Prevent Corporate Takeover by Monsanto

Here is something for the community to consider: Do you want to protect the terms or do you want to cancel it as do the Petitioners  Denver Urban Homesteading and Erik Knutzen/Kelly Coyne/Process Media? The ONLY way to protect a term belonging to the little guy is to have it trademarked to prevent corporate takeover just like Occupy Wall Street did. It is NOT to become a corporation yourself but to DEFEND against corporations. In the light that there were false rumors in circulation about what DI did or what trademarks do, as this page attempts to prove, the rumors were not true and the anger was mis-directed.

One article stated some very good  points but went off to some degree as the author does not understand trademark law.  However, one commenter got it right.  He states:

Bronwyn said…

Interesting dilemma–

and I think Nick captures it right off the bat, when you say that the Dervaes are likely trying to protect essentially a way of life, a belief system, a code of ethics (my elaboration) from Monsanto and the big guys. I cannot see the Dervaes suing for breach of trademark or patent (and there are big differences) anyone who said what they were doing was urban homesteading –
but I can see the reverse happening, if Monsanto patented the term urban homesteading — then lawsuits would fly. And you know they would, because Monsanto and others due that — A LOT! — and really, aware food consumers/producers are still Monsanto’s biggest hurdle — it would make SO MUCH SENSE for them to capitalize on the peoples’ highly honed interest in the Dervaes.

Really, the more I go one, I’m thinking ‘Way to Go Dervaes’ — you beat Monsanto to the punch!
(And by trademarking something, it does not automatically imply that you were or are the first on the block to do it — often it can signify that you recognize the merit behind it!)

We live in a capitalist society, competitive and fierce, that transacts in the language of IPR (Int.Property Rights) — the Dervaes don’t want to be left out of the conversation — and by doing so, they may open the door for many more people to do so!

The choice is between two alternatives: Either let Process Media/Coyne/Knutzen and Denver Urban Homesteading cancel the trademarks  (if they do they protect only themselves from an infringement lawsuit that RUMORS claim will occur) which will let the term become a trademark of Monsanto, Martha Stewart , Oprah, or some other corporation, OR protect the integrity of the term  from a megacorporation FOR the community as the Dervaes stated before here.

Disclaimer:  This site is for educational purposes only.  It is not meant to substitute for professional legal advice.  Always seek the advise of an attorney when in doubt about your particular situation.  This site does not represent Dervaes Institute or the Dervaes family nor does it make any official statements on the Institute’s or the family’s behalf.

April Krieger Alexander admits there is damage to the Dervaes family reputation; however, she never addresses that she helped spread the false rumors.

From April Krieger Alexander’s  interview: The reputation of the Dervaes is “irreparable” but it was not due to what the DI did but what the false rumors said it did even to this day. By her own words, she admits there is damage but does not ever correct the wrongs that she helped cause. No one has corrected the wrongs they stated. How neighborly is that? Double standard. What you hold up as the standard for another should be the same standard for yourself. She calls for the mending of fences and says that the community is very forgiving. Haven’t seen any proof of that by the community. Keeping silent now is not mending fences. It’s being as diligent and outspoken about restoring a ruined reputation due to false rumors  you helped spread  and being as vocal for the truth as you were when telling the falsehoods. You posted everywhere and told everyone you could find. Being suddenly silent is not the answer, especially for those who really know the truth but have kept quiet and still keep silent.

Excerpt:

On team TBUH, in the meantime, it looks like the damage done to the family’s reputation – generous, neo-hippy and inclusive – is irreparable.
Nevertheless, April adds, “The urban homesteading community is very giving and I really believe that if they would be willing to mend fences and be more neighborly” all could be forgiven.” After all, the Dervaes tout being neighborly as one of their main tenants.

Disclaimer:  This site is for educational purposes only.  It is not meant to substitute for professional legal advice.  Always seek the advise of an attorney when in doubt about your particular situation.  This site does not represent Dervaes Institute or the Dervaes family nor does it make any official statements on the Institute’s or the family’s behalf.

Attorney James Bertini, Erik Knutzen, who both use the DI terms, do not even know what the terms mean or their history!

There has been much confusion over the  meaning of the trademarked terms, especially Urban Homesteading.  Here is an article which shows that some understood that the term had no name until the Dervaes popularized the name Urban Homesteading:

Excerpt:

At the time, I called this permaculture [note: all bolding mine] as I had recently finished my design certificate course. My sister told me that there was a large Asian community in this neighborhood and that they always had food growing in their front lawns. I was flabbergasted by the efficient use of space. I’m sure they didn’t slap any fancy labels onto what they were doing. They, like most immigrants, probably called it “surviving”.

Even Erik Knutzen who wrote a book on the subject doesn’t understand the origin. Try again, Erik, as this only shows you do not know what you are talking about.  This use by MOTHER EARTH HEWS refers to rehabbing old homes!

Excerpt:

The earliest reference I can find to an “urban homestead” is a 1976 article in Mother Earth News describing Berkeley California’s Integral Urban House.
Root Simple: Urban Homestead on Craigslist. Act No

Here is another link that knows the difference and shows that  Bertini and Knutzen don’t:

Excerpt: I have got a major gripe with folks that claim to have invented urban farming or homesteading.

My comment: I do too because that is IMPOSSIBLE. The Ds never claimed that although they did come up with the name urban homesteading for their brand name.

Excerpt: The tradition of raising animals for food and growing food in an urban setting is NOTHING NEW. Many of us are from families that have upheld this way of life for generations. Ethnic communities have practiced and still practice a great deal of “urban homesteading” but if you ask them what it is, they will give you a blank look. Its called living [note: bolding mine]. My grandparents did not brag to their San Francisco neighbors because if the news fell on the wrong ears someone might complain to la policia. The grow/raise your own lifestyle is only recently cool.

My comment: Excellent point which has been mine forever. The PRACTICE/ACTIVITY never had a name. However, the Dervaes trademarked their brand of green city living as Urban Homestead(ing) in a certain trademark class only for their particular goods and services, not the practice.

MOTHER EARTH NEWS  understands the difference but was falsely accused by April Krieger Alexander /Take Back Urban Homesteading. Here is a statement by Bryan Welch of MEN who had to defend itself against April Alexander’s false accusations:

Bryan Welch
Mother Earth News has not changed its policies regarding the terms, “urban homestead,” or “urban homesteading,” nor do we intend to. We have not deleted the terms from our archives or discouraged their usage. We believe they are terms in common, general usage and we will continue to use them as we have for the better part of 40 years.

Bertini also doesn’t understand what the term means or its history yet he uses it and spreads false information as shown in this next excerpt:

Excerpt:

In fact the phrase is so common it is a subject heading in the Library of Congress, prima facia proof that this trademark was issued in error. [My comment: This heading refers to rehabbing old houses.]

I find it strange that both James Bertini and Erik Knutzen did NOT understand the meaning or history of the terms, yet other city homesteaders did! Why do you suppose that is so? It is also significant to note that both are trying to cancel the DI ‘s trademarks, which would allow another to pick up the trademark and federally register it for its own use!  How does that protect the community or show any concern for the community? There is NOT one iota of recognition that even Occupy Wall Street protesters had as the reason for trademarking their name: to protect it from others/mega corporations  using it for profit and greed!   This will be dealt with in greater detail but apparently  pressure was put on Mollison, who coined the word “permaculture,”when he had trademarked the term “permaculture” in the United States, to abandon it.  He did and now someone else has trademarked it! This is NOT unusual, especially with a word that is highly popular.

Finally, here is what Jules Dervaes and his websites had to say:

Excerpt:

So many people say, ‘This is like the old country!’ or ‘This is how my grandma used to do it!’ What we offer here is an alternative to a purely technological future. Our goal is to bring hope to you and your community.”

For the linguistically impaired and those who haven’t a clue about the the history of terms involved, here is some reading material: [Notice the dates]

http://urbanhomestead.org/journhal/2003/09/02/3072/

Excerpt:

On Sunday, Jules Dervaes and the rest of us here, spent a wonderful afternoon giving a tour to the current class of thePermaculture Design Course of Los Angeles at theLA Eco Village. It’s a six week program but their teacher told us their visit to our place was a great finish to those many weeks of studying and discussion in the classrooms. She went on to say that to see permaculture principles and concepts being practiced, especially in the city, put a lot of the ideas into perspective for the students of the class.

One visitor was even overheard in conversation with someone to have said (to the effect of) that this one visit had done more for him in answering all his questions than any other trips he had taken before.

http://urbanhomestead.org/journal/2003/02/25/2976/

Excerpt:

The Permaculture concept has been around for ages, only now has it started to develop into a worldwide movement.   The word Permaculture was coined by Bill Mollison and David Holmgren in the mid-1970s to describe an “integrated, evolving system of perennial or self-perpetuating plant and animal species useful to man.”

:http://urbanhomestead.org/journal/2004/08/31/3233/

Excerpt:

Robina McCurdy, of the Tui Community in New Zealand, is the first world-traveled permaculturist to visit PTF and we were pleasantly complimented when she said that our place “was the best urban permaculture model she’s ever seen.” We truly appreciate the comment, though we are far from finishing our plans or our work. We were honored to have her as our guest.

[My comment:  Worldwide it has been known as URBAN PERMACULTURE]

Next time, Erik and James,do some research. It would help your credibility which is lacking in this issue.

Disclaimer:  This site is for educational purposes only.  It is not meant to substitute for professional legal advice.  Always seek the advise of an attorney when in doubt about your particular situation.  This site does not represent Dervaes Institute or the Dervaes family nor does it make any official statements on the Institute’s or the family’s behalf.

Dervaes Institute did not do the Facebook Takedowns

HERE IS PROOF FROM DENVER URBAN HOMESTEADING’S own words that Dervaes Institute did not do the Facebook Takedowns. Please notice entry 9/20/11,  Motion to Compel.

Page 68 #8, James Bertini writes:

Admit that Mignon Rubio acted on behalf of DI when she sent a
correspondence to Facebook complaining about DUH’s fan page. Relevant
because if DI is not responsible for disabling DUH’s Facebook page this
action could be cancelled. Mignon Rubio admitted causing the Facebook
page to be disabled and wrote that she acted without the authority of Jules
Dervaes and could get affidavits from four other people swearing to this. But
she also admitted doing work for DI. The relationship between Mignon Rubio
and DI is obfuscated and must be clarified.

James Bertini admits that Ms. Rubio acted without the authority of Jules Dervaes. Bertini says that Ms. Rubio admitted doing work for DI but there is NO evidence of that and is a false statement. Additionally, a little research by going to her Facebook page shows that Ms. Rubio is considered an Urban Homestead Project Volunteer and NOT a Dervaes Institute volunteer.  These are two separate entities.

James Bertini really should substantiate his allegations with Proof. He stated that Ms. Rubio “admitted.”  It would be nice for him to share/document how he knows.

If anyone has any other proof to the contrary, then please come forward. As it stands now, the DI did NOT do the takedowns, contrary to what Take Back Urban Homesteading and others have falsely reported. Again, another false rumor.

NOTE: The Petition to Cancel the Dervaes Trademarks by EFF and James Bertini is only dealing with genericness, fraud or mere descriptiveness [i.e., the trademark(s) have not acquired distinctiveness].  Who took down the FB pages has nothing to do with the cancellation anyway.

Disclaimer:  This site is for educational purposes only.  It is not meant to substitute for professional legal advice.  Always seek the advise of an attorney when in doubt about your particular situation.  This site does not represent Dervaes Institute or the Dervaes family nor does it make any official statements on the Institute’s or the family’s behalf.

True Information about the Dervaes Trademarks vs False Internet Rumors

Here are the true facts as opposed to the rumors on the internet:

DI did not send a cease and desist letter forbidding people to say the trademark words or even discuss it.

There is no proof that DI personally did the takedowns of Facebook or sent out DMCA notices.

DI has not sued anyone.

DI did not shut down a school or a library.

Urban Homestead(ing) as trademarked by the DI is different from the generic urban homesteading which means rehabbing old homes. It is a new term as defined by DI.

There is no fraud on the part of DI with respect to the trademark registrations.

The Dervaes family does pay personal taxes and the DI pays its own taxes.

The information on the net stating otherwise is false. Anyone with PROOF (not hearsay or conjecture) otherwise is welcomed to submit the information.

I will go into greater detail soon.

Disclaimer:  This site is for educational purposes only.  It is not meant to substitute for professional legal advice.  Always seek the advise of an attorney when in doubt about your particular situation.  This site does not represent Dervaes Institute or the Dervaes family nor does it make any official statements on the Institute’s or the family’s behalf.

Urban Homesteading definition vs the Dervaes trademark and brand meaning: 40 years ago, there was only one meaning for urban homesteading

I did a version of this post many months back at my Facebook page but I think it is well worth the redo.

Read this post and note this statement:

Some within the online urban homesteading community interpret the Dervaes’ actions as being self-serving, giving themselves credit where credit is not deserved.  A central argument being that urban homesteading is a general term that has been used since the 1970s to describe a larger social movement, rather than specifically depicting the Dervaes’ own particular products or services.  This Mother Earth News article dating back to 1980 makes reference to the term as well as the Integral Urban House, an urban homesteading project about which the Sierra Club published a book in 1979.

It is important to note the Mother Earth News article written in 1980 mentioned above.  Here are two important excerpts:

Many urban homesteads might well appear disheartening – despite their “”dollar down”" price tags – to the prospective renovator.

Urban homesteading programs—which allow people to purchase (for a dollar down!) and renovate decaying urban properties—came about as a response to the metropolitan housing crisis of the late 1960′s. About that time, the middle-class flight to the suburbs had led to an increased need for city services on the part of the poor who remained behind . . . and taxes rose as the tax basefell.

Urban homestead and urban homesteading during the 1970s referred to rehabbing old homes. Another separate proof is here.

Description of the book ‘Urban Homesteading, James W Hughes, 1975:

Book Description: New Brunswick, NJ, USA: Rutgers University Press, The Center for Urban Policy Research, 1975, 1975. 8vo. Hardcover with dustjacket, 276 pp. The authors conclude that urban homesteading has not made a significant dent on the abandonment of urban buildings. ISBN: 0882850261. Dustjacket faded. Very good in very good dustjacket. [b77]. Bookseller Inventory #

It is important to realize that the Dervaes trademarked the two terms to mean self-sufficiency in the city as per its trademark class 41.  A trademark owner has the right to define the meaning of his brand. The Dervaes Institute’s trademarked terms, in use since circa 2001, are entirely different in meaning from  “rehabbing old homes.”   Previously, green city living was called “urban permaculture.” Attorney James Bertini, Erik Knutzen/Kelly Coyne and Electronic Frontier Foundation do not understand the history of the term. See my post on this issue here.

Also, The Integral Urban House never referred to itself as an urban homestead in the book.  It was only the Mother Earth News article that did.

Excerpt from the Mother Earth News article mentioned above on the Integral Urban House:

Away out here in Berkeley, California—in an aging semi-industrial neighborhood—an enthusiastic group of “doers” has come together to restore (and display to the public) a 100-year-old Victorian house. What’s so unusual about that? Nothing . . . except that the stately dwelling—now known as the Integral Urban House—has become one of the country’s most innovative and successful “urban homesteads”. Please note that the term was used in reference to the fact that it was a rehabbed home and was being restored.

Also, the term urban homesteading used in the article about Urban homesteading in Florida referred to the same thing (i.e., rehabbing old home) .

Excerpt:

In our neighborhood — an area of older homes now being refurbished by young families — community spirit runs high, so it’s often easy to find a neighbor who’s interested in swapping goods or services.

The internet is full of comments by people who were outraged by the Dervaeses’ trademarking such generic terms.  Had these detractors done their homework on the history of the terms or trademark law, they could not have said the things they did. Instead, they wasted their time making false accusations.

Additional history of  urban homesteading can be found here

Excerpt:

The Urban Homesteading Assistance Board was founded in the midst of New York City’s economic crisis of the 1970s.

And here
Excerpt:

From Plows to Pliers–Urban Homesteading in America

The state homestead exemption is the most widely known form of homesteading and exists inthe majority if American jurisdictions. A new form of this plan has been added by many east coast cities that allows families to receive a grant of a home at a minimum price on condition that it occupies the residence and improves it to satisfy all applicable codes. The property is then transferred to the homesteader and this benefits both the city and the individual. This urban homesteading plan is the most recent program designed to promote urban renewal and home ownership.

Disclaimer:  This site is for educational purposes only.  It is not meant to substitute for professional legal advice.  Always seek the advise of an attorney when in doubt about your particular situation.  This site does not represent Dervaes Institute or the Dervaes family nor does it make any official statements on the Institute’s or the family’s behalf.

April Krieger Alexander, administrator of the Facebook page Take Back Urban Homesteading, spreads false information about the Dervaes Family. Here is one example.

April Krieger Alexander, administrator of the Facebook page Take Back Urban Homesteading, has been responsible for spreading misinformation on the internet about the Dervaes Family.  It appears that she did not properly research the information she and her “followers” were promoting and, as a result, there were numerous false facts on her page which only served to inflame the trademark issue and discredit the Dervaes Family, putting them in a “false light.”

Comment from April at  this link is just one example.

Excerpt:

Take Back Urban Home-steading(s) Kevin – If you’re new to the page just keep looking around. The Dervaes have had fb pull urban homesteading pages with NO notice to these parties costing them much revenue. They continue to be hypocritical, and won’t address any issues with us as a community, probably due to legal reasons. They have lost all credibility with us.

My comment: No, April, this shows how wrong your comments have been and still are. There was only ONE person (DUH) who did not get this letter before the FB takedown. And you claim in the same postings that you can’t understand why the Dervaes have said that there is misinformation going around.  Additionally, it was Mignon Rubio, not Dervaes Institute, who, without authorization, took the Facebook pages down.  See article.

About the alleged plagiarism on the part of Justin:  Please note that all he had to do was place a link after his quote and this is what was done.  Again, wrong information which PROVES the truth of what the Dervaes were saying about misinformation on the internet about them.-

Here is the correct way to cite Justin’s article on plagiarism:

REPRINT & USAGE RIGHTS: In the interest of disseminating this information as widely as possible, plagiarism.org grants all reprint and usage requests without the need to obtain any further permission as long as the URL of the original article/information is cited.

Please see proof here

Here is Justin’s post on plagiarism. Note: It was done correctly as per directives above.

April, you  make a big deal about how the Dervaes should apologize for imagined wrongs.  I’ll hold you to YOUR standards and expect an apology towards the Dervaes from you for REAL wrongs.  What you expect from others is what you should expect from yourself. Otherwise, you lose credibility. Remember, it is Freedom of Speech but never Freedom to Misinform. Please read the Limits to Free Speech cited here

Excerpt:

Libel and Slander
Was the statement false, or put in a context that makes true statements misleading? You do not have a constitutional right to tell lies that damage or defame the reputation of a person or organization.

End note: Perhaps there has been a correction to many of the wrong statements at TBUH since.  However, at the beginning, when it mattered the most, the posters at TBUH were not careful nor did April ask for cooler heads to prevail.  Quite the contrary.  TBUH inflamed the issue, IMO.  Even if there had been a correction to many of the false rumors posted at TBUH, the damage was  already done.  How many read and believed  the false reports, never having had the opportunity to realize that the statements were false?

Disclaimer:  This site is for educational purposes only.  It is not meant to substitute for professional legal advice.  Always seek the advise of an attorney when in doubt about your particular situation.  This site does not represent Dervaes Institute or the Dervaes family nor does it make any official statements on the Institute’s or the family’s behalf.