YES Joe Tim Stowell wrote: > > Please vote on Motion 00-29A as follows by sending along > your vote equivalent of yes, no, abstain. Thanks, Tim > > Motion 00-29A reads: > > 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 her application is withdrawn, the Advisory Board will act as expeditiously 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. -- Zsedeny Genealogy - http://www.rootsweb.com/~jzed/home.htm NDGenWeb Archives - http://www.rootsweb.com/~usgenweb/nd/ndfiles.htm Pembina County, ND - http://www.rootsweb.com/~ndpembin/pembina.htm Ramsey County, ND - http://www.rootsweb.com/~ndramsey/ramsey.htm

I don't want to further delay this important issue but feel that further comment is warranted. It seems to me that this Board has no higher responsibility than to insure that the Project name is protected. This should have been done long ago while previous Boards shadow boxed other piddling issues but now that we are coming to grips with it we need to do it right. The motion now on the table is non threatening, insures the Archives, the Tombstone project and any other future project the right to be assigned a service mark with "USGenWeb" as part of the mark. It asks Linda to give up her filing and lose her filing fee while assuring her the right to use "USGenWeb archives" as a service mark. Something the Board should keep in mind is that if Linda agrees to withdraw her filing we can file for "USGenWeb" without further adieu. But if not we have to have assurance that Linda will ALLOW us to file for our mark. This is backwards and means Linda is assigning us rights which we should already own. We should own "USGenWeb" and all derivative marks and WE should assign usage. This is how I see it, folks, and that will be the reasoning upon which my following vote on this motion is based. Joe -- Zsedeny Genealogy - http://www.rootsweb.com/~jzed/home.htm NDGenWeb Archives - http://www.rootsweb.com/~usgenweb/nd/ndfiles.htm Pembina County, ND - http://www.rootsweb.com/~ndpembin/pembina.htm Ramsey County, ND - http://www.rootsweb.com/~ndramsey/ramsey.htm

I move to Amend Previously Adopted Motion 99-25. Issue: Motion to Appoint a Secretary Date: 12 September 1999 Motion #99-25:I move that Motion 99-2 be rescinded and that the Board appoint a secretary for the one year term of Board II or until dismissed by Board II or a succeeding Board. Further, That the secretary nominee be selected from among the volunteer membership of the USGenWeb Project. That the nominee to this position not be currently serving as a Board member. That the nominee be nominated by the National Coordinator and appointed by a majority vote of a quorum of the Board. Rejection of a nominee will require the NC to forward another name. The appointee must either be knowledgeable in parliamentary procedure or be willing to learn proper procedure using Roberts Rules and be well versed in the Project Bylaws. Duties of the appointee shall be those assigned by the Chair (NC). The NC shall insure that the secretary be subscribed to all appropriate mailing lists. As a minimum these lists would be the USGENWEB-ALL-L, STATE-COORD-L, ARCHIVES-L, the Board-Exec-L and the Board-L. *************************************************************************** I move that Previously Adopted Motion 99-25 be amended to read: That the Board Secretary not be currently serving as a Board member. The appointee must either be knowledgeable in parliamentary procedure or be willing to learn proper procedure using Roberts Rules and be well versed in the Project Bylaws. Duties of the appointee shall be those assigned by the Chair (NC). The NC shall insure that the secretary be subscribed to all appropriate mailing lists. As a minimum these lists would be the USGENWEB-ALL-L, STATE-COORD-L, ARCHIVES-L, the Board-Exec-L and the Board-L. ****************************************************************************** Since the duties and responsibilities of the Board Secretary are defined by the NC, as stated in the original motion, the NC should have the prerogative of selecting someone he/she feels comfortable with. Ken

Now that Joe's motion has received a second from Ginger, and the vote that was in progress has been completed, the floor is now open to discuss Joe's motion numbered as 00-30: I move that a grievance committee be formed. The committee shall be composed of at least one CC from each region and one SC selected by the representative at large. The committee chair shall be chosen from candidates put forth during the discussion period and an amendment made to this motion reflecting that choice. The NC will sit on the committee as provided for in the Bylaws. The committee once seated will number each grievance, research the background of each and make a recommendation to the Board for a fair resolution of each complaint within 10 days with ten day extensions granted at the request of the committee chair. The committee must keep in mind the limited authority granted the Board in the Bylaws to resolve grievances.

On May 16, 2000, I sent the following to this list: Date: Tue, 16 May 2000 23:48:25 -0400 From: Tim Stowell <tstowell@chattanooga.net> Subject: [BOARD-L] Appointment of Ombudsman To: BOARD-L@rootsweb.com I propose to appoint an ombudsman. This person will be given the resposibility to look into, consider filed 'grievances' of one sort or another, to judge the merits of a case, as an impartial outside opinion. This person would make recommendations to the NC regarding their findings unless the grievance in question concerned the NC. In that case, recommendations would be made to the Advisory Board. The findings of this person would not be binding upon anyone. That said: I appoint, Kevin Fraley - Hawaii State Coordinator to said position. ---------------- Now at the end of 4 and 1/2 months with no action taken on any grievances forwarded to him, I am relieving Mr. Fraley for failure to perform the duties assigned to him. I do though wish to thank him for volunteering to assume this position. At the same time and in light of other alternatives, I am abolishing the ombudsman position. Tim

At 08:48 PM 10/5/00 -0700, Richard wrote: >GingerH wrote: > >> >> Ah................ >> I see precedent is being thrown out the window again, >> in favor of expediency. >> >> Ginger >> gingerh@shawneelink.com >> > >Hi Ginger- >Please refresh my memory. How have previous secretaries been selected? >-Richard > There have been three previous Secretaries: 1. Bill Oliver 2. Ed Book 3. Ken Short Bill - a Board member at the time, was elected by the Board members amongst themselves between he and myself. Ed - Date: Mon, 20 Sep 1999 19:39:05 -0400 From: Tim Stowell <tstowell@chattanooga.net> Subject: [BOARD-L] Nomination for Secretary To: BOARD-L@rootsweb.com I didn't really have to think too hard about this as this person's name was on my short list from the first. I've contacted my nominee and they have agreed to serve. I await your motion of approval for my nominee for Secretary, Ed Book. On Ken - Date: Sat, 11 Dec 1999 23:59:49 -0500 From: Tim Stowell <tstowell@chattanooga.net> Subject: [BOARD-L] Nomination for Secretary To: BOARD-L@rootsweb.com As it was with my nomination of Ed Book for Secretary - I didn't have to think too hard for this nomination. I've contacted my nominee and he has agreed to serve. I await your motion of approval for my nominee for Secretary, Ken Short. ------- That said, and in going back and re-reading motion 99-25 - http://www.usgenweb.org/official/boardvotes-99-5.html#99-25 I'm withdrawing my appointment of Roger Swafford and am instead sending in his name as my nominee for Secretary as required by 99-25. My apologies for not following protocol. Tim

Please vote on Motion 00-29A as follows by sending along your vote equivalent of yes, no, abstain. Thanks, Tim Motion 00-29A reads: 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.

The vote totals regarding whether or not to amend Motion 00-29 are: Yes - 10 No - 5 Abstain - 0 Motion 00-29 is amended to read as stated below: >I move to amend the above motion to read: > >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.

yes

GingerH wrote: > > Ah................ > I see precedent is being thrown out the window again, > in favor of expediency. > > Ginger > gingerh@shawneelink.com > Hi Ginger- Please refresh my memory. How have previous secretaries been selected? -Richard -- Richard Harrison/Encinitas, San Diego, California USGenWeb Northwest/Plains County Coordinator Rep IAGenWeb Immediate Past State Coordinator Jones Co. IAGenWeb Coord.: http://www.rootsweb.com/~iajones/index.htm Jones Co. List Owner: IAJONES-L@rootsweb.com IOWA-L List Owner: IOWA-L@rootsweb.com Richard's Genealogy: http://homepages.rootsweb.com/~richard

Yes. Tim Stowell wrote: > > Please vote on whether or not to amend Motion 00-29 as follows by sending > along > your vote equivalent of yes, no, abstain. Thanks, Tim > > I move to amend the above motion to read: > > 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.

I vote Yes Richard... Tim Stowell wrote: > > Please vote on whether or not to amend Motion 00-29 as follows by sending > along > your vote equivalent of yes, no, abstain. Thanks, Tim > > I move to amend the above motion to read: > > 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. -- Richard M. Howland IlGenWeb State Coordinator Mailto:illinois@usroots.com ICQ # 898319 NE/NCR CC Representative USGWP Advisory Board ILGEN-L List Co-ordinator ILPIATT-L List Co-ordinator IL-CHAT-L List Co-ordinator TXYOUNG-L List Co-ordinator HOWLAND-L List Co-ordinator WOODWORKING-L list Co-ordinator VARNER-L List Co-ordinator FISHING-L list Co-ordinator HEDGEHOGS-L List Co-ordinator http://www.rootsweb.com/~ilpiatt/piatt.htm http://homepages.rootsweb.com/~richpump/YoungCountyCemPage.htm http://www.pets.rootsweb.com/~hedgehogs/index.html http://www.crafts.rootsweb.com/~woodworking/index.html http://www.wf.net/~richpump/HowlandOnLine.html http://www.wf.net/~richpump/camppage.htm

No. Maggie ----- Original Message ----- From: Tim Stowell <tstowell@chattanooga.net> To: <BOARD-L@rootsweb.com> Sent: Tuesday, October 03, 2000 1:34 AM Subject: [BOARD-L] Amendment to Motion 00-29 Vote Please vote on whether or not to amend Motion 00-29 as follows by sending along your vote equivalent of yes, no, abstain. Thanks, Tim I move to amend the above motion to read: 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.

I have to admit to being confused as to how we can vote to ammend the motion on the floor for discussion. Seems to me that only the person who made the motion and the person that seconded would have to agree to the changes and then we would vote on Motion 00-29. Maggie Vote to follow. ----- Original Message ----- From: Tim Stowell <tstowell@chattanooga.net> To: <BOARD-L@rootsweb.com> Sent: Tuesday, October 03, 2000 1:34 AM Subject: [BOARD-L] Amendment to Motion 00-29 Vote Please vote on whether or not to amend Motion 00-29 as follows by sending along your vote equivalent of yes, no, abstain. Thanks, Tim I move to amend the above motion to read: 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.

NAY RootsLady (aka) Barbara Yancey Dore ----- Original Message ----- From: "Tim Stowell" <tstowell@chattanooga.net> To: <BOARD-L@rootsweb.com> Sent: Tuesday, October 03, 2000 12:34 AM Subject: [BOARD-L] Amendment to Motion 00-29 Vote > Please vote on whether or not to amend Motion 00-29 as follows by sending > along > your vote equivalent of yes, no, abstain. Thanks, Tim

Please vote on whether or not to amend Motion 00-29 as follows by sending along your vote equivalent of yes, no, abstain. Thanks, Tim No. Ken

At 01:34 AM 10/3/00 -0400, you wrote: >Please vote on whether or not to amend Motion 00-29 as follows by sending >along >your vote equivalent of yes, no, abstain. Thanks, Tim > Yes Betsy

Aye Joe Tim Stowell wrote: > > Please vote on whether or not to amend Motion 00-29 as follows by sending > along > your vote equivalent of yes, no, abstain. Thanks, Tim > > I move to amend the above motion to read: > > 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. -- Zsedeny Genealogy - http://www.rootsweb.com/~jzed/home.htm NDGenWeb Archives - http://www.rootsweb.com/~usgenweb/nd/ndfiles.htm Pembina County, ND - http://www.rootsweb.com/~ndpembin/pembina.htm Ramsey County, ND - http://www.rootsweb.com/~ndramsey/ramsey.htm

> Please vote on whether or not to amend Motion 00-29 as follows by sending > along > your vote equivalent of yes, no, abstain. Thanks, Tim Yes Ginger gingerh@shawneelink.com ----- Original Message -----

At 01:34 AM 10/3/2000 -0400, you wrote: >Please vote on whether or not to amend Motion 00-29 as follows by sending >along >your vote equivalent of yes, no, abstain. YES Ellen Pack SE/MA CC Rep