Tuesday, March 9, 2010

Important Update On The Trademark On Congenital Diaphragmatic Hernia Awareness

Dear CHERUBS Members, Fan, Family and Friends,

Though paperwork has not been filed officially with the USPTO (you can stay updated through their site at http://ttabvue.uspto.gov/ttabvue/v?pno=92050284&pty=CAN&eno=2 ), Breath of Hope has posted the following:


Tuesday, March 9, 2010

Statement on Trademark Congenital Diaphragmatic Hernia Awareness

In light of the ruling regarding the trademark for Congenital Diaphragmatic Hernia Awareness, Breath of Hope has decided to cancel the registered mark. While we feel that the ruling was unfavorable, the Board of Directors at Breath of Hope has decided that we need to move forward in other areas concerning awareness, helping families with this truly horrible diagnosis, and raising money towards research.

Our intentions of trademarking Congenital Diaphragmatic Hernia Awareness were never to stop others from raising awareness, create lawsuits, or negatively impact the CDH community. Instead, we were attempting to protect what we perceive as our intellectual property. It also should be stated there are literally thousands of health conditions as registered trademarks in use today, including Prematurity Awareness Day®, which does not impede anyone from raising awareness or conducting research.

We, the Board of Directors, are saddened by the misleading, incorrect, and negative information that has been advertised all over the internet by others. We have no intentions of slandering any individuals or other organizations, we feel strongly that this is immature behavior and it is a deterrent from what our goals really are. We will continue to strive to support parents and families, the medical community and other CDH groups and nonprofits.

- Breath of Hope Board of Directors

We are very, very glad that they intend to remove the trademark. It would be an answer to prayers said by 1000's in the CDH community for many years. I hope and pray that this post is truthful and that BoH is quick about filing to remove this trademark. This would be a great relief to all the CDH community and CDH Awareness would be returned where it belongs - to ALL families and researchers affected by Congenital Diaphragmatic Hernia.

However, I'm sad that it's taken so much time, effort, resources and conflict in the CDH community to deal with this trademark from the start. Several years, over 6500 signatures from CDH families from around the world, lawyers and a very firm letter from the USPTO itself to let Breath of Hope know that they indeed, had no hope in this case to get them to remove the trademark... all of it needless and negative and not serving the CDH community in any positive way. None of this should have happened.

I also feel that the inaccuracies in that statement and blatant lies that it was never used to harm others (there are court records in 2 different courts plus IRS records to prove otherwise) and there are other trademarked cases of awareness on the books (yes on diseases - but not 1 on awareness of a cause except this one) are just further needless attacks on others who spoke up against this behavior.

I hope and pray that the attacks and false filings against CHERUBS and other stop and that ALL CDH charities focus on their own services and members and work towards a more positive CDH community like the one we had before all this started.

Our babies deserve that.

On behalf of CHERUBS and CDH families in 38 countries, I say to Breath of Hope, Incorporated... "Thank you for doing the right thing by our children".

This is a GLORIOUS day for ALL the Congenital Diaphragmatic Hernia Community!!!!!! Through the hard work, dedication and commitment of several CDH organizations, 1000's of families, 100's of researchers and our amazing pro bono attorneys, Breath of Hope has finally made the right decision CDH awareness will be restored. Way to go everyone - we have done our children proud!!!!!

Dawn M. Torrence Williamson
President & Founder

CHERUBS - The Association of Congenital Diaphragmatic Hernia Research, Awareness and Support

Volunteer run 501(c)III non-profit organization serving over 3000 CDH families in 38 countries. Searching for the cause, prevention and best treatments of CDH since 1995.


Phone - 919-610-0129
Fax - 815-425-9155
Mailing Address - 3650 Rogers Rd #290, Wake Forest, NC 27587, USA

1 comment:

CHERUBS CDH Non-Profit said...

8 CDH Organizations took a public stand, when it was scary to do and we all feared retribution. ALL CDH groups were asked and 8 bravely stood up for our babies publicly!

CHERUBS Australia
CDH Rainbows (aka Rainbow of Hope)
The Jack Ryan Gillham Foundation
The Olivia Raine Foundation
Real Hope for CDH (aka Kays Kids)
Little Lambs

Though CHERUBS was the public face of this fight and our name was on the paperwork - we didn't fight alone. My hat is off to each of you for putting the CDH community and these babies first.

Over 100 CDH doctors and nurses signed the petition

1444 members on the FB group 'Stop The Trademark on "Congenital Diaphragmatic Hernia Awareness"'

462 members on the FB group "Health and Socially Conscious People against Trademarks On Awareness"

Over 6500 people signed the petition from all around the world to help protect our babies and CDH Awareness

This was a group effort and I am so proud of everyone! Thank you, each of you for being brave enough to stand up to do the right thing for our children! :)