More information to share on URBAN HOMESTEAD(ing)

This was recently posted on a facebook page that I happily support.   This is, for now, the only way I know how to support and share their struggle and others affected by The Dervaes Institute's recent trademarking "scandal".  Please consider supporting the effort or at least help by spreading the word.
many thanks,
tory


URGENT PROPOSAL (1) My wife and I own Denver Urban Homesteading and our Facebook page was shut down by the Dervaes Institute. THIS FB page on which we are communicating could be taken down and as insurance against that we want anyone who is interested in helping to continue our struggle and that of other homesteading groups and authors affected by the Dervaes Institute takedowns to email us now at trademark@freethechickens.com so we can remain in contact in case we lose this page. (NOTE that this is for storage of emails only and I will not respond. If you need a response from me my email address is below.)

(2) We plan to file a petition to cancel the trademarks of the Dervaes Institute and we want to find others who can simultaneously file petitions. We believe this is necessary because (a) Dervaes Institute is shutting down internet access for us and for others and because (b) if their trademark which is currently registered on the Supplemental Register remains for five years it may become registered on the Principal Register after which time it will nearly impossible to challenge it. According to the US Patent and Trademark Office “A petition for cancellation may be filed by any person who believes that he or she is or will be damaged by the registration of the mark.” Since the Dervaes Institute has stated that anyone using these homesteading terms must acknowledge their trademark, it seems that a petitioner could include anyone. Thus, we would hope to see petitioners fit into the following categories:
(A) Parties who used the terms “urban homesteading” and “urban homestead” commercially prior to the date of the trademarks, which is November 10, 2007.
(B) Parties who used the terms “urban homesteading” and “urban homestead” commercially after the date of the trademarks, which is November 10, 2007.
(C) A nonprofit group of homesteaders to be formed, perhaps here in Colorado, perhaps elsewhere, that would include any person who believes that he or she is or will be damaged by the registration of the mark.

I have been an attorney for more than 25 years, although currently I do not make a living practicing law - I run an urban homesteading center! If other attorneys show up and want to help, that will be great. While I will represent my company, other attorneys could represent other parties. I will make my filings available to all.

(3) I understand that some people are interested in helping contribute so we will set up a paypal account to receive funds in my attorney escrow account or the account of a nonprofit corporation that I will use to pay for the costs or expenses of the legal filings pro-rata with any others filing concurrently and any excess to be used as directed by the nonprofit.

Any comments, suggestions or other proposals are welcome. My wife and I – indeed the entire City of Denver, Colorado – have a lot to lose if we are unable to refer to our business as one that promotes urban homesteading.

James and Irina Bertini
Denver Urban Homesteading
www.denverurbanhomesteading.com
james@denverurbanhomesteading.com
200 Santa Fe Drive
Denver, CO 80223

I AM AN URBAN HOMESTEADER

I was an urban homesteader at the ripe ol' age of 9.  I built my first veggie garden to prove that I could grow one.  I begged my parents to help me out.  We tilled up the yard in the backyard, they helped me build up my raised garden, because after all, our neighborhood was built on an old arsenic site.  I grew veggies, I shared my veggies, and I even sold some of those veggies.  I had rabbits for many years.  I even tried my hand at chickens and ducks only to have to give them up because of city ordinances at the time.  All before 1985.

I was an urban homesteader.  I am still an urban homesteader, even though my urban homestead is located in a very rural community.  I live in a community with an homeowner's association, with strict rules.  I homestead my .66 acres like there is no tomorrow.  I will stick up for my fellow homesteaders, whether they are rural or URBAN.  Why?  Because I was an URBAN HOMESTEADER long before someone decided that they needed trademark the term.  Claim it for themselves, claim they were saving it from big companies.  Saving it for the true homesteaders.  Yet, anyone who uses the word or phrases must refer back to the them.  And they must state that it is a trademarked phrase.  You can't trademark a lifestyle.   And you can't trademark mine.  I AM AN URBAN HOMESTEADER!