Tradename or Copyright?

rushpat · #1 04-16-2004, 10:18 AM

From another thread, I got the impression that it might be better to name the CN as a Trademark Notice instead of a Copyright Notice.

Any thoughts?

Jerseee · #2 04-16-2004, 10:35 AM

It would appear so.

rushpat · #3 04-16-2004, 10:53 AM

So, what about all of those CN's that everyone has been sending out? If there is an ongoing situation, should we send out an amended Trademark Notice to supercede the previous one?

Also, does this necessitate the republishing in a newspaper legal section?

Jerseee · #4 04-16-2004, 11:17 AM

Well Rushpat,

I posted on another the thread the applicable code that may answer some of our questions regarding this matter.

USC 15, chp 22, subchp 1.

I would first do research and then consider making the necessary changes (if they are necessary).

We should go one step at a time.& This situation will inevidably lead to a re-vamped notice and maybe even shorter (who knows).

But for now, I highly recommend research and study as to how this can aid us all as far as our freedom is concerned.

In the meantime, I will still use the CN as a means for them to think about messing with me.& The CN is still a viable tool to have in your arsenal for now.

Jerseee · #5 04-16-2004, 05:42 PM

More info I found:

USC 28, part VI, Chp 85
Sec. 1338. - Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition
<DIV class=statute>

<DIV class=divDataText></DIV>
<DIV class=divDataText>
<A name=1338.a>(a) </A>
The district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to patents, plant variety protection, copyrights and trademarks. Such jurisdiction shall be exclusive of the courts of the states in patent, plant variety protection and copyright cases. </DIV>
<DIV class=divDataText>
<A name=1338.b>(b) </A>
The district courts shall have original jurisdiction of any civil action asserting a claim of unfair competition when joined with a substantial and related claim under the copyright, patent, plant variety protection or trademark laws. </DIV>
<DIV class=divDataText>
<A name=1338.c>(c) </A>
Subsections (a) and (b) apply to exclusive rights in mask works under chapter 9 of title 17, and to exclusive rights in designs under chapter 13 of title 17, to the same extent as such subsections apply to copyrights</DIV>

</DIV>

Ice · #6 04-16-2004, 05:44 PM

Isn't there a difference in registering a Trademark and copyrighting a Trademark?& And isn't it true that the statutes regarding copyright DO NOT abrogate COMMON LAW?

Think on it.

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Jerseee · #7 04-16-2004, 05:56 PM

Ice,

I'm only providing ammunition.& They will be done in through common law and their own words, i.e. "USC 28, ptVI, Chp 85".

My bad, I should have said this in the post.& But you know that I am always looking for their words and using it against them.& I want them to argue with the code not with me.& hahahahahahaaa

#8 04-16-2004, 10:08 PM

All I will post an example trademark notice/terms of contract&below. For easy reading I double spaced it.
Trademark Notice<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /><o></o>
Trademark Notice<o></o>
Trademark Notice: All rights reserved re common-law trade-name/trade-mark, RESEARCH ONE™—as well as any and all derivatives and variations in the spelling of said trade-name/trade-mark—Trademark 1976 by Research One™.& Said common-law trade-name/trade-mark, RESEARCH ONE™, may neither be used, nor reproduced, neither in whole nor in part, nor in any manner whatsoever, without the prior, express, written consent and acknowledgement of Research One™ as signified by the hand-signed, red-ink signature of Research One™©, hereinafter “Secured Party.”& With the intent of being contractually bound, any juristic person, as well as the agent of said juristic person, assents, consents, and agrees by this Trademark Notice that neither said juristic person, nor the agent of said juristic person, shall display, nor otherwise use in any manner, the common-law trade-name/trade-mark RESEARCH ONE™ nor the autograph common-law copyright contained herein, nor any derivative of, nor any variation in the spelling of, RESEARCH ONE™ without the prior, express, written consent and acknowledgment of Secured Party, as signified by Secured Party’s hand-signed signature in red ink.& Secured Party neither assents, nor consents, nor agrees with, nor grants, nor implies any authorization for, any unauthorized use of RESEARCH ONE™, and all such unauthorized use is strictly prohibited.& Secured Party is not now, nor has Secured Party ever been, an accommodation party, nor a surety, for the purported debtor, i.e. “RESEARCH ONE,” nor for any derivative of, nor for any variation in the spelling of, said name, nor for any other juristic person, and is so-indemnified and held harmless by Debtor, i.e. “RESEARCH ONE,” in Hold-harmless and Indemnity Agreement No. R1-01011976-HHIA dated the First Day of the First Month in the Year of Our Lord One Thousand Nine Hundred Ninty-four against any and all claims, legal actions, orders, warrants, judgments, demands, liabilities, losses, depositions, summonses, lawsuits, costs, fines, liens, levies, penalties, damages, interests, and expenses whatsoever, both absolute and contingent, as are due and as might become due, now existing and as might hereafter arise, and as might be suffered by, imposed on, and incurred by Debtor for any and every reason, purpose, and cause whatsoever.& Mutual Assent Implied and Express Contract Executed by Unauthorized Use of Secured Party’s Common-Law Trademark; Self-executing Security Agreement in Event of Unauthorized Use of Secured Party’s Common-Law Trademark:& By this Trademark Notice, both the juristic person and the agent of said juristic person, hereinafter jointly and severally “User,” assent, consent, and agree that any use of RESEARCH ONE™ other than authorized use as set forth above constitutes unauthorized use, counterfeiting, of Secured Party’s common law-trademarked property, contractually binds User, renders this Trademark Notice a Security Agreement wherein User is debtor and Research One™ is Secured Party, and signifies that User: (1) incurs a contractual obligation in favor of Secured Party, and grants Secured Party a security interest in all of User’s assets, land, and personal property and all of User’s rights, title, and interest in assets, land, and personal property, in the sum certain amount of $500,000.00 per each occurrence of use of the common law-trademarked trade-name/trade-mark RESEARCH ONE™, as well as for each and every occurrence of use of any and all derivatives of, and variations in the spelling of,RESEARCH ONE™, plus costs, plus triple damages; (2) has present intention to authenticate, and hereby and herewith authenticates, this Security Agreement, wherein User is debtor and Research One™ is Secured Party, and wherein User pledges all of User’s assets, land, consumer goods, farm products, inventory, equipment, money, investment property, commercial tort claims, letters of credit, letter-of-credit rights, chattel paper, instruments, deposit accounts, accounts, documents, and general intangibles, and all User’s rights, title, and interest in all such foregoing property, now owned and hereafter acquired, now existing and hereafter arising, and wherever located, as collateral to secure User’s contractual obligation in favor of Secured Party for User’s unauthorized use of Secured Party’s common law-trademarked property; (3) assents, consents, and agrees with Secured Party’s filing of a Uniform Commercial Code, hereinafter “UCC,” Financing Statement in the UCC filing office, as well as in any county-level recording/registration office, wherein User is debtorand Research One™ is Secured Party; (4) assents, consents, and agrees that said UCC Financing Statement described above in paragraph “(3)” is a continuing financing statement, and further assents, consents, and agrees with Secured Party’s filing of any continuation statement necessary to maintain Secured Party’s perfected security interest in all of User’s property and rights, title, and interest in property, pledged as collateral in this Security Agreement and described above in paragraph “(2),” until User’s contractual obligation theretofore incurred has been fully satisfied; (5) assents, consents, and agrees with Secured Party’s filing of any UCC Financing Statement, as described above in paragraphs “(3)” and “(4),” as well as the filing of any Security Agreement, as described above in paragraph “(2),” in the UCC filing office, as well as in any county-level recording/registration office; (6) assents, consents, and agrees that any and all such filings described in paragraphs “(4)” and “(5)” above are not, and may not be considered, bogus, and that User will not claim that any such filing is bogus; (7) promises unconditionally to accept, has present intention to authenticate and accept, and hereby and herewith authenticates and accepts, as drawee-acceptor, any draft drawn by Secured Party to secure payment of outstanding unauthorized-use fees, as set forth above in paragraph “(1),” incurred by User through User’s unauthorized use of Secured Party’s common law-trademarked property; (8) waives right of presentment and all defenses; and (9) Appoints Secured Party as non-fiduciary authorized representative for User, effective upon User’s default re User’s contractual obligations in favor of Secured Party as set forth below under “Payment Terms” and “Default Terms,” granting Secured Party full authorization and power to engage in any and all actions on behalf of User, in respect of User’s outstanding contractual obligation as set forth above in paragraph “(1),” including, without limitation, authentication of a record on behalf of User, as Secured Party, in Secured Party’s sole discretion, deems appropriate and, as regards any deposit account of any kind maintained with any bank in/under the name of User, and likewise any deposit account maintained with any bank in/under the Taxpayer Identification Number of User, notwithstanding the absence of User’s name as account-holder on any such deposit account, grants Secured Party full authorization and power to originate instructions for said deposit-account bank and to direct the disposition of funds in said deposit account and execute demand drafts, as that term, i.e. “demand draft,” is defined at UCC 3-104(k), to discharge User’s aforementioned outstanding contractual obligation, without further consent of User and without liability, and User further consents and agrees that appointment of Secured Party as non-fiduciary authorized representative for User, effective upon User’s default, is irrevocable and coupled with a security interest.& User Further Assents, Consents, and Agrees with the Following Additional Terms of “Mutual Assent Implied and Express Contract Executed by Unauthorized Use of Secured Party’s Common Law-Trademarked Property; Self-executing Security Agreement in Event of Unauthorized Use of Secured Party’s Common Law-Trademarked Property”: Payment Terms: In accordance with fees for unauthorized use of RESEARCH ONE™ as set forth above, User hereby assents, consents, and agrees that User shall pay Secured Party all unauthorized-use fees in full within ten (10) days of the date Secured Party sends User the invoice, hereinafter “Invoice,” itemizing said fees.& Default Terms:In event of non-payment in full of all unauthorized-use fees by User within ten (10) days of date Invoice is sent, User shall be deemed in default and: (a) all of User’s property and rights, title, and interest in property pledged as collateral by User, as set forth in above in paragraph “(2),” immediately becomes, i.e. is, property of Secured Party; (b) Secured Party is appointed User’s Authorized Representative as set forth above in paragraph “(9)”; and (c) User assents, consents, and agrees that Secured Party may take possession of, as well as otherwise dispose of in any manner that Secured Party, in Secured Party’s sole discretion, deems appropriate, including, without limitation, sale at auction, at any time following User’s default, and without further notice, any and all of User’s property and rights, title, and interest in property, described above in paragraph “(2),” formerly pledged as collateral by User, now property of Secured Party, in respect of this “Mutual Assent Implied and Express Contract Executed by Unauthorized Use of Secured Party’s Common Law-Trademarked Property; Self-executing Security Agreement in Event of Unauthorized Use of Secured Party’s Common Law-Trademarked Property,” that Secured Party, again in Secured Party’s sole discretion, deems appropriate.& Terms for Curing Default: Upon event of default, as set forth above under “Default Terms,” irrespective of any and all of User’s former property and rights, title, and interest in property, described above in paragraph “(2),” in the possession of, as well as disposed of by, Secured Party, as authorized above under “Default Terms,” User may cure User’s default only re the remainder of User’s said former property and rights, title, and interest in property formerly pledged as collateral that is neither in the possession of, nor otherwise disposed of by, Secured Party within twenty (20) days of date of User’s default only by payment in full.& Terms of Strict Foreclosure: User’s non-payment in full of all unauthorized-use fees itemized in Invoice within said twenty- (20) day period for curing default as set forth above under “Terms for Curing Default” authorizes Secured Party’s immediate non-judicial strict foreclosure on any and all remaining former property and rights, title, and interest in property formerly pledged as collateral by User, now property of Secured Party, which is not in the possession of, nor otherwise disposed of by, Secured Party upon expiration of said twenty- (20) day default-curing period.& Ownership subject to trademark of common-law trade-name/trade-mark; priority perfected security interest subject to UCC Financing Statement filed in the UCC filing office.& Record Owner: Research One™, Autograph Common Law Copyright © 1994.& Unauthorized use of “Research One” incurs same unauthorized-use fees as those associated with RESEARCH ONE™, as set forth above in paragraph “(1).”<o

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rushpat · #9 04-16-2004, 10:59 PM

At the end, you still have Common Law Copyright. Did you mean to change that one as well?

#10 04-17-2004, 12:14 AM

rushpat:

The copyright is for the autography only.

R1