Motion #00-29
"Whereas, the mark "USGenWeb" has been in public use since June 1996 as
a Collective Membership mark[*] for the USGenWeb Project, a non-profit
volunteer group providing free online genealogical services, and the
derivative mark 'USGenWeb Archives' has been in public use since August
1996 as a service mark for the USGenWeb Project's archival services,
and the derivative mark 'USGenWeb Archives Project' has been in use
since that date as a Collective Membership mark for that subset of the
Project's volunteers who manage and maintain that archival service, it
is the finding of the USGenWeb Advisory Board that the USGenWeb Project
as a group is the rightful holder of 'USGenWeb', 'USGenWeb Archives',
and all derivative marks.
Whereas the USGenWeb Archive's Project's current Coordinator, Linda Lewis,
filed[**] with the U.S. Patent and Trademarks Office (PTO) on 1 May, 2000,
an application (Serial Number 78006402) in which "Linda Lewis" is listed
as the name of the applicant, and "volunteer group" as the applicant
entity type, that application containing the declaration that "no other
person, firm, corporation or association has the right to use the mark",
such an application, if granted, could deny to the USGenWeb Project the
lawful right to use the marks by which it has identified the Project's
member web sites for over four years.
Therefore, the USGenWeb Project Advisory Board officially requests that
Linda Lewis withdraw her application as soon as possible, and that she
furnish the Advisory Board with a bona fide copy or proof of her
withdrawal of said application.
The Advisory Board further advises Linda Lewis that it is the Project's
intention to retain the legal right to the USGenWeb Archives mark, and
that if proof of withdrawal is not received by the Advisory Board within
ten (10) business days of the passage of this motion, the Advisory Board
will assume that withdrawal is not forthcoming and will proceed with
other measures to protect the Project's right to the mark.
Recognizing that Linda's goal in making her application was to protect
the USGenWeb Archives mark from unauthorized use by those not representing
the USGenWeb Project, the Advisory Board assures Linda Lewis that if
her application is withdrawn, the Advisory Board will act as expeditiously
as possible to register the USGenWeb Project's legal right to the mark.
Recognizing that the authority for determining membership in the
USGenWeb Archives Project lies with the Coordinator of the USGenWeb
Archives Project, the Advisory Board further assures Linda Lewis
that if her application is withdrawn, authority for granting or
removing authorization to use the USGenWeb Archives mark to identify
web sites as part of the USGenWeb Archives Project will be assigned by
the USGenWeb Project to Linda Lewis as long as she is a member of the
USGenWeb Project and holds the office of Coordinator of the USGenWeb
Archives Project."