Defendant Dervaes Institute submitted its rebuttal of W&S’s Motion for Summary Judgment at the TTAB cancellation proceeding. In other words, they disputed the “undisputed facts” which W&S submitted to the Board as proof of genericness.
What is even more interesting is Jordanne’s declaration submitted with DI’s opposition. In it she states the following points (read the entire declaration online for more details):
1. Kelly Coyne and Erik Knutzen came to the Dervaes home for a tour in 2006. The Dervaes took their picture and Erik and Kelly admitted in court papers that they did tour the Dervaes homestead.
2. Process Media (“PM”) (Parfrey) asked the Dervaes to write a book first. When they refused, PM asked Erik and Kelly to write a book. The book was titled The Urban Homestead. They also admitted during this proceeding that agents of Process Media viewed the Dervaes Path to Freedom website.
3. Parfrey also stated that “Urban Homestead” was with attorneys for trademark registration for a TV show in 2008 (and not by the Dervaes as, according to Jules Dervaes’ declaration, this was before their attempt to trademark it!). see Blogger: Dustpan Alley (OLD) – https://www.blogger.com/comment.g?blogID=20487305&postID=7773681666882712811&isPopup=true Parfrey’s comment:
Anonymous Anonymous said… I think your project sounds great, and it’s of great interest to me, as the co-publisher of Kelly Coyne and Erik Knutzen’s fabulous book, “The Urban Homestead.” I can confirm that this book’s title is now copyrighted due to what is seen on the copyright page. As you might know, titles are not the domain of copyright. At this time, “Urban Homestead,” since it’s now in development for a television show, is currently with attorneys for a trademark registration. [bolding mine] A trademark can generally be obtained for a business with multiple uses of the name in question. In any case, that has to do with “Urban Homestead” and not the other variations you’re discussing. I look forward to reading your publication, and you can see Erik and Kelly’s work here: http://www.realitysandwich.com/blog/homegrown_revolution and here: http://www.processmediainc.com and here: http://www.homegrownevolution.com/ All my best wishes, Adam Parfrey Feral House / Process Media
4. The declaration of Jordanne docket entry #93 also gives insight into the harassment that the Dervaes went through–threats to life and property, attacks on the website, police and FBI reports.
Why, in 2011, did Parfey of Process Media who previously said the term was with attorneys for trademarking (see dustpan alley above) make this remark on TBUH :
Adam Parfrey We appreciate the Dervaes, as did many, from their Oprah period, but we don’t appreciate them attempting to ruin people’s livelihoods and dictating to many that they are not allowed to use a more than century-old generic term, and one used widely long before the Dervaes ever did, without placing a registration notice on it and linking this use of generic language to a specific website. Is this Monsanto? Perhaps not, but it’s wielding and misusing trademark and patent law to harm the lives of others. We fully support April and her Facebook page here!
My comment: Apparently, it wasn’t considered “more than a century-old generic term, and one used widely” when those attorneys were trying to trademark it before the Dervaes! It astounds me that he can say such things when the Dervaes are the ones that originally used the term in a common law trademark manner before anyone else did (see court papers at TTAB for an explanation) proving that Erik and Kelly are imitators and copycats. Nothing wrong with copying the work of someone you admire but you must not misuse that person’s intellectual property. Court papers also prove that the Dervaes did not try to ruin anyone’s livelihood but were protecting their hard work from others who were using the term without legal permission thereby trying to live off the Dervaes’ brand name and cause confusion in the marketplace. To understand all this better, also read papers in the Denver Federal court case as well as trademark law. The question is: Who is really hurting/ruining whom?
Of special interest is the declaration of Jules Dervaes docket entry #94 which should be read in its entirety. A declaration is done under oath and penalty of perjury. Here is Jules Dervaes’ statement regarding his reasons for trademarking the terms:
26. As a non-profit, Registrant was not formed to make money but to provide educational and entertainment services about a one-of-a-kind plan to save the environment. The combined intellectual property that I created was so unique that it attracted a significant amount of unsolicited attention from major media outlets, both in the United States and abroad. In April 2009, a milestone of Registrant being invited to be featured on OPRAH’s Earth Day Special demonstrated the singular nature of our work. See Exhibit F attached hereto.
Also see #5 of his declaration which states [paraphrased] that after he had heard about Parfrey’s wanting to trademark the term, Dervaes went to his attorney to have him do it for Dervaes Institute because he had been using the term continuously since circa 2002, along with the ten elements.
I will let the articles and comments speak for themselves. I refuse to speculate on agendas and motives of Parfrey, et al, as April Alexander as Admin did, who allowed such posts, and others at TAKE BACK URBAN HOMESTEADING who, without any proof of their assertions, made de facto pronouncements of knowing the Dervaeses’ hearts and agendas! I will say that the TBUH campaign was conducted in a very shabby and inflammatory manner and not in the classy way that Oak Park Hates Veggies and the Fire Cider controversy have been handled. [Correction and public apology about my Fire Cider comment here] There, the organizers admonished against personal attacks and unsupported statements. While they disagreed with the actions of those whom they were opposing, they frowned upon and resisted ad hominem attacks. The TBUH campaign and those involved in such a hateful manner have been a detriment and embarrassment to the community of homesteaders. They have only diminished themselves and their cause. Now, the proof and truth are now publicly known for all to see here. One does not need a federally registered trademark sell its goods or offer services.
The Dervaes have used the terms since 2002 before anyone else in recent history to promote its services of green city living. Money is NOT the reason for getting a trademark just as getting a copyright does NOT get you money It is a protection for a business owner to indicate SOURCE. Copyrights and trademarks are automatic when CREATED /USEDunder common law and need not be federally registered which offers additional protection from misuse nor does one necessarily have to receive money for either. See this link https://www.wellsiplaw.com/why-should-i-get-a-federal-trademark-registration/
Anyone from this point on who insists that the Dervaes’ agenda/motives are anything else, such as money or greed, etc., without corresponding proof and their willingness to declare such under penalty of perjury is lying and could face legal consequences. There is more to tell about what has been found in the court papers–the true, complete story and not the online false/fictional information– but I’ll save that for later. More on the backstory here [ Also see: “URBAN HOMESTEADER” trademark application at USPTO —2 NEW APPLICATIONS]