Comments on: Bad Blood On The Home(steading) Front

By: Welcome To My Stop On The “Urban Homestead” Tour! | mamalooma

Welcome To My Stop On The “Urban Homestead” Tour! | mamalooma — Tue, 05 Jul 2011 06:14:06 +0000

[…] the ball of wax amid those who consider their city lot activities “homesteading” Click here for info about that in particular. In response to that frustration, a Facebook group called Take […]

By: SnowYogi

SnowYogi — Fri, 27 May 2011 19:20:00 +0000

URBAN HOMESTEADING URBAN HOMESTEADING URBAN HOMESTEADING!!! Sorry couldn’t find the trademark R on my keyboard…. Bullahit will always be bullshit, and bullies will always be bullies. Fight the good fight!

By: SnowYogi

SnowYogi — Fri, 27 May 2011 19:20:00 +0000

By: Maggie

Maggie — Wed, 25 May 2011 17:57:00 +0000

April, I will tell you one more time but I doubt it will do any good. That is the purpose of FAIR USE as the term urban homesteading is descriptive so the Ds can NOT legislate that others CANNOT use it its primary sense. However, TM law does have certain restrictions on how others may use it in a book, in a domain name or commercial purposes, all of which come under the Lanham Act and FAIR USE. This is what I said above. Also, any TM on the supplemental register give the TM owner the right to sue another for infringement, meaning others can NOT use the Ds legal TM for certain things. April, sorry to say, after I pointed this out this truth to your husband, that the Ds did NOT back peddle but is what you and others want to believe in the face of the irrefutable proof offered on FB at Urban Homesteading Trademark Controversy. You at TBUH will continue on with your falsehoods and, for that, I feel very sorry for you. The truth is not there at your site. This only proves that you have a personal vendetta towards the Ds and you are making the TM an issue when it is not one under the law. It hardly changes anything for the average person doing urban homesteading. For those wanting a commercial venture, there are now certain things to consider, all of which have been addressed at Urban Homesteading Trademark Controversy. The tone of your comments is indicative of hate towards me for saying the truth. I do not hate you as you do me but I really intensely dislike the falsehoods that you continue to spew out of your mouth so vindictively.

By: April

April — Wed, 25 May 2011 17:11:00 +0000

Maggie – The Dervaes Institute does NOT have exclusive rights to the term “Urban Homesteading”, so they cannot tell people to not use the term in a domain name, commercial venture, book title, etc. You are incorrect about the DI being wrongly accused of things about the TM. Firstly, the DI refuses to communicate with anyone, so we don’t really know what their true position is. They have back peddled MULTIPLE times, and have denied saying things they stated. We have no way of verifying who you really are, (although it’s obvious that you’re either one of them or very close to the family, or would like to think you are.) You are not a reliable spokesperson for them in any way – you’re nobody. I’m not going to even respond to you anymore, this is the last time. When you make your inane comments I’m just going to tell people to refer to our page for the TRUE facts. At one point you had a chance for a real dialogue with the urban homesteading community, but due to your lies and bs we’re done with you. Adios Maggie. Good luck mucking about in the steaming piles of horse manure.

By: Maggie

Maggie — Wed, 25 May 2011 16:04:00 +0000

Diga(Mama) The TM issue is only a US Federal TM so it doesn’t affect anyone but those in the US. Anyone is free to use the term urban homesteading in its primary meaning. One can say “I love urban homesteading” etc., and it would not be a problem as the term itself is descriptive and there is the FAIR USE rule in the US. However, when referring to the Dervaes Institute’s URBAN HOMESTEADING project one has to use the “R” symbol to denote the Institute’s TM as that is its secondary TM meaning. There are other issues to consider such as use in a domain name if you are NOT Dervaes Institute or if you use it on a commercial venture or on a book title, although you can write a book about urban homesteading.. All this comes under the laws of the US and the Lanham Act plus FAIR USE. FAIR USE is very complicated. When in doubt, consult an attorney. The Dervaes Institute has been wrongly accused of things about the TM that was never its position but people imputed things due to a lack of understanding about TM law and rumors.

By: Diga(Mama)

Diga(Mama) — Tue, 24 May 2011 18:02:00 +0000

Hey, thanks everyone for the feedback! This trademark issue impacts not just the urban homesteading community, but pretty much anyone who blogs — or uses the internet for that matter. Great discussion…and Maggie, I implore you, please share more of your point of view. The same goes for all you other homesteaders out there. 😉 u00a0

By: Sharoneym

Sharoneym — Tue, 24 May 2011 02:07:00 +0000

I wish “Maggie” (probably a member of the Dervaes Family Cult) would learn how to construct a coherent sentence. Maybe then “she” can convince people of her veracity… NOTn

By: Sharon Mahoney

Sharon Mahoney — Tue, 24 May 2011 02:04:00 +0000

“Maggie,” spreading your distortions here, too? Not enough that you started a pathetic site on FB to parrot the Dervaes Family Cult’s party line?u00a0nnI’ve said before and elsewhere and I’ll say it again–I think you are a member of that family, hiding in the most cowardly fashion behind a pseudonym, trying to confuse and obfusticate matters in the minds of those just finding out about this mendacious action by a greedy family, because you don’t want your real agenda found out. Shameful, “Maggie,” just shameful.

By: Maggie

Maggie — Tue, 24 May 2011 00:45:00 +0000

The TM description of the terms at USPTO refers to the DI . The DI has a TM for use in its blog.u00a0 For DUH or anyone else to use it (urban homesteading) outside the parameters of FAIR USE (complicated issue) is an infringement.Generally, using a TM in a domain name is an infringement and causes confusion as to the source.u00a0 Exclusive use is for use in the TM sense (secondary meaning ) and not primary meaning which is another things altogether.u00a0