Saturday, March 7, 2009

Update on "Congenital Diaphragmatic Hernia Awareness" Trademark

I'd like to be able to tell you that Breath of Hope, Inc. dropped the trademark on "Congenital Diaphragmatic Hernia Awareness", but that has not happened. I would like to update you on a few developments and projects:
Formal Letter to Breath of Hope, Inc. Requesting End To CDH Awareness Trademark

On February 24, 2009, a formal letter was sent to the Board Members of Breath of Hope, Incorporated. It is our formal attempt to end this trademark issue peacefully and to request that their organization do what is best for all families affected by Congenital Diaphragmatic Hernia.

This is our effort to resolve this particular issue and end this trial and to save the entire CDH Community 2 years of USPTO trial dates and to use our time and resources to better help CDH families.

The trademark trial is continuing, and will go forward, unless Breath of Hope, Inc. decides to resolve this issue.

On March 6, we received an updated response to our amended Petition to Cancel paperwork for the USPTO. Once again, they are claiming that Breath of Hope, Incorporated is the only entity that should be allowed to use the phrase "Congenital Diaphragmatic Hernia Awareness". Once again, Breath of Hope, Inc. is trying to deny CDH families, medical care providers and other organizations from freely raising Congenital Diaphragmatic Hernia Awareness.

Would You Like To Be A Court Witness (by phone)?

We are putting together our list of list of witnesses who will testify that "Congenital Diaphragmatic Hernia Awareness" is a common term. You do not need to testify to anything or talk about anything else. Just that CDH has affected you and you use and hear this term in common use. If you would like to participate, please e-mail me at with your full name, phone number and address. You need to respond by March 12th if you would like to be a witness.

This is an opportunity for all of you who are upset by this trademark to take a legal stand against it in the easiest way possible. You will go down on government record as a witness and you'd be doing this in honor / memory of your cherub (if you don't have a child born with CDH, that's ok! You can still be a witness and stand up for what's right! You would be helping ALL families of babies born with CDH, as well as everyone who has or will ever dealt with any kind of health issues to stop this precedent setting trademark. Can you imagine a world that allows "Cancer Awareness" or "Autism Awareness" or "Heart Defect Awareness" to become trademarked by one greedy corporation, stopping millions of people from raising awareness and research? Please help us in this very important trademark suit by being a witness.

We would like as many of you as possible to join in. Please know that Elizabeth *cannot* contact or harass you about this as that would be witness tampering. Please also know that the court will probably not call every witness listed - so you may or may not be called. Your family, friends, and cherub's medical care givers are welcome to testify as well!

Congenital Diaphragmatic Hernia Awareness Video

We like to put together a video of CDH families to stand up to this Congenital Diaphragmatic Hernia Awareness trademark. I would like *ALL* CDH families to participate! Not only will be this good for standing up to this trademark but for awareness in general. You can view some of the videos sent in at

To participate, send in a video clip just a few seconds long to Make sure to include your name and your cherub's name! The video should include you, your cherub or your family just standing / sitting and saying "I own Congenital Diaphragmatic Hernia Awareness". Or "We own Congenital Diaphragmatic Hernia Awareness" if there more than one person in the video. Young CDH Survivors - Videos of CDH survivors saying this would be great... especially the little ones looking all cute! :) New Parents - videos of parents saying this in the NICU beside their cherubs would be great. The whole NICU experience and dealing with CDH is what is we're trying to raise awareness about! Expectant Parents - show off that tummy and say it! :) Grieving Families - hold a photo of your cherub and say it or stand at the cemetery or whatever you want to do to get the point across that this is a deadly birth defect and awareness is crucial.

You do not have to be professional to take the video. You don't have to be glammed up or in a studio. Just be yourselves!!! Use any video camera at all, it doesn't have to be perfect quality. The video will include your photos and a few slides about what CDH is. It will also include 1 or 2 slides stating that we are fighting to stop the trademark. CDH families and organizations (those not involved in helping BoH) are invited to participate. Photographs in our photo albums on our site will also be included.

This video will be posted on YouTube, our sites, blogs, Facebook, Myspace, etc. You'll be able to post it yourselves to wherever you'd like as well. This video will also be sent to the Board of Directors at Breath of Hope, Incorporated as a plea to get them to knock off this trademark nonsense.

We'd like to get at least 50 families participating! Deadline to get your video in is March 15! Feel free to post this to your blogs, myspaces, facebooks, etc or send it to other CDH families!

Petition to Stop The Trademark on "Congenital Diaphragmatic Hernia Awareness"

Don't forget to sign and forward this to your family and friends. This is also the place to stay updated on court proceedings.

Thank you all for your amazing support for CHERUBS and all CDH organizations, families and medical care providers in dealing with this trademark.

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