Friday, June 5, 2009

Small Update on Congenital Diaphragmatic Hernia Awareness Trademark

Because CHERUBS is fighting against this trademark on behalf of ALL CDH families and those who care about these babies, we are updating you on a development:

Breath of Hope has retained an attorney to fight to own the trademark "Congenital Diaphragmatic Hernia Awareness"

FYI, CHERUBS attorneys are *pro bono" - not a dime is used of our donations to fight this horrible trademark that inhibits CDH Awareness.

BoH has been asked to remove this trademark and allow all CDH families and researchers to raise awareness freely. No response, except to file another trademark and now hire an attorney.

CDH Awareness belongs to the families and researchers, not a corporation that uses the trademark to attack other charities and CDH parents and that forces people to get "permission" and pay fees to say a common phrase we all use every day.

Agree that this is wrong? Please sign the petition. Please tell Breath of Hope, Inc and Elizabeth Doyle-Propst to stop using this phrase as a business slogan to profit off of and give it back to the CDH families where it belongs.


Sarah M. said...

The link isn't working for me & it didn't work from the FB group either... ??

CDHi Admin said...

It should be working now, sorry about that.

Anonymous said...

BOH board members did NOT agree to either trademark! Elizabeth did it on her own! Some of us begged her to leave the trademark alone and she didnt care! Some even quit the board because of it! We have no say so at BOH on what she does; most of us don't even bother to talk any more because she does what she wants and doesnt care what any one else thinks or wants. SO STOP BLAMING ALL OF US FOR WHAT SHE DOES!!! We wish she would stop too! Shes dragging us down and BOH down too. You have no idea of half of whats shes done or is about to do and for the record; SHES DOING IT ON HER OWN USING THE NAME BOH!! WE DONT AGREE WITH HER!! Most of us just stay so we can talk to other CDH parents or are just plain afraid to step down. THAT DOES NOT MAKE ME GUILTY OF THIS TRADEMARK TOO!!!

CDHi Admin said...

Wow. If you are on a Board, you are legally responsible for what the organization does. So if you don't agree with what's going on, then either stop her or step down or you're just as responsible as she is.

I get that you joined the board just to help CDH parents... I understand that. But this is how the law works. So under the law, yeah you are guilty because your name is on the board and you didn't stop her. :(

If you're truly that upset and against the CDH trademark... please consider what you're doing to ALL CDH parents.

Feel free to contact me, even anonymously, or our lawyers as well. You're more than welcome to be a witness against the trademark too if you want (most former BoH Board Members are).

It's just an ugly, ugly, ugly unnecessary situation for everyone. :( None of us signed up to deal with this drama... we just want to help CDH families. I get that. (((((((((((((((hugs))))))))))))))

CDHi Admin said...

PS to Anonymous:

Confidentiality Agreements do not prevent you from being a witness for court or from being summoned.

If you're truly this upset, it may be a good idea to consult your own - impartial - lawyer (someone with an actual law degree).

There a 100's of ways to help CDH families in a POSITIVE way. We should all be focusing on them.

Anonymous said...

Why would you place so much effort on fighting a trademark? I guess it seems really trivial compared to what these kids are up against.

--New to the whole argument.

Anonymous said...

This seems to only be a power struggle between two organizations that are here to support Families of CDH babies or Families of CDH angels.

When you are in the thick of caring for your child or morning the loss of your child it is not important what you call it or trademark it.

There are some really fantastic strides being made by BOH and Cherubs' members. Many people belong to both groups. That should be a good thing.

I would hope we could celebrate these monuments strides towards further education and research in a unified manner. We will certainly accomplish more together.

It is great that Cherubs is able to find pro bono attorneys but do NOT claim that the pro bono attorneys have not required BOH to hire attorneys to protect their position in this argument. I imagine this would already be over if either party were completely out of line. This leads me to believe that Cherubs is just as guilty as BOH for spending CDH $$ on this trademark issue.

With or without the trademark we are in this together. We are fighting a monster that seems to have no limits. Disagreements on this trademark will not prevent or cure CDH. When you see an obstacle in your path - I would suggest rolling up your sleeves and devising a plan to go over it around it. I would not suggest calling an attorney! Perhaps there is a better way for Cherubs to accomplish its goals rather than obsess that the words Congenital Diaphragmatic Awareness are trademarked. Heck - Cherubs could trademark Congenital Diaphragmatic Hernia Support or a plethora of other slogans.

Now we are all fighting (against or for) this trademark and the monster (CDH itself) is just laughing at us all.

CDHi Admin said...

This isn't about a power struggle... there's nothing to struggle over. This is about protecting CDH awareness and making sure that can be raised freely by ALL families and medical care providers. Awareness in turn raises research. Hindering awareness for any reason is wrong.

Not to mention all the threats to organizations and CDH families by the trademark owner. That has to stop as well. CDH families have enough to deal with already.

Over 6000 CDH families and friends get that - and support stopping this trademark.

You're right that there are bigger issues at hand and time and money should be better spent elsewhere helping CDH families. But CHERUBS is standing up for what's right.

Just like we stand up for these babies.

CDHi Admin said...

"It is great that Cherubs is able to find pro bono attorneys but do NOT claim that the pro bono attorneys have not required BOH to hire attorneys to protect their position in this argument. I imagine this would already be over if either party were completely out of line. This leads me to believe that Cherubs is just as guilty as BOH for spending CDH $$ on this trademark issue."

CHERUBS is here HELPING families. We would never file a trademark, false allegations or attack other organizations. That's not what we're about.

BoH filed for this trademark. BoH filed complaints and accusations with dozens of businesses, search engines, the IRS and the State of NC.

CHERUBS just wants to be left alone to do our work helping families.

BoH filed for this trademark. For both of them. BoH filed all the complaints against CHERUBS using their "ownership" of the phrase.

Saying CHERUBS is guilty of anything other than maybe being too vocal about standing up for what's right... is wrong.

BoH filed for this trademark. BoH took on all these court issues when they filed it and all the other claims as well. CHERUBS is standing up for itself and CDH families. If BoH spends money on lawyers... that is not our concern or our fault. All of this is solely the decision of BoH.

None of this ever should have been an issue.

And that is all we will respond to on this subject. We have 1000 other POSITIVE things going on to help CDH families! This fight is for our lawyers to fight.