The petition
Because there should be no trademarks on awareness for any birth defect or disease, this petition was created. "Congenital Diaphragmatic Hernia" is a birth defect that has affected over a half million babies since 2000 - 50% do not survive. It is as common as Spina Bifida and Cystic Fibrosis. NO ONE SHOULD OWN "Congenital Diaphragmatic Hernia Awareness", yet an incorporation has filed a trademark on this phrase and threatened non-profits and CDH parents over the use of that phrase. Imagine a trademark on "Breast Cancer Awareness" or "Autism Awareness". This trademark is a blatant oxymoron - inhibiting and profiting off of CDH Awareness and the babies who suffer from this horrible birth defect. Please help us to say NO to this trademark that has set a precedent that can harm all diseases and health issues.
Update - The Trial & Second CDH Awareness Trademark
8/09 - Breath of Hope, Inc designs a new web site, much like CHERUBS (design, layout, java buttons, content, services, etc) but includes a Terms of Service page prohibiting use of their trademarked terms or the use of any content that is "theirs". http://breathofhope.bwdsandbox1.com/terms-of-service.html At CHERUBS, all of our content is free to use to help further CDH Awareness, Education and Research. We do not wish to "own" any trademarks or materials. Our motives are purely to help CDH families to the best of our ability, generously, honestly and with only CDH families best interests at heart.
7/1/09 - Breath of Hope, Inc hires an attorney to fight their claim for ownership of "Congenital Diaphragmatic Hernia Awareness". (CHERUBS attorneys are pro bono - no CHERUBS donations are used to fight this trademark). New paperwork is filed. http://ttabvue.uspto.gov/ttabvue/ttabvue-92050284-CAN-93.pdf
3/18/09 - CHERUBS endures an IRS audit after false allegations filed by Elizabeth Doyle-Propst. Nothing inappropriate or unethical is found. U.S. taxpayers paid more money sending an agent to NC, housing, feeding, providing transportation and salary for this audit that what CHERUBS took in for donations for many years! Elizabeth has been slandering Dawn for 5 years, claiming money is stolen at CHERUBS - so that people will donate to her organization instead of CHERUBS. This disgusting slander is finally laid to rest. In 2006, Elizabeth filed false allegations with the NC State Dept (we were audited and cleared then as well) - and then lied under oath about filing the charges during a restraining order case. Those 2 false allegations and now the trademark - 3 times Elizabeth Doyle-Propst has used government agencies to try to hurt other CDH organizations.
3/14/09 - CHERUBS begins submitting evidence for Trademark case. Breath of Hope discloses their "evidence" - none of which has anything to do with the trademark and all of which are either personal attacks on Dawn or false allegations against CHERUBS.
2/24/09 - CHERUBS sends formal letter to Breath of Hope, Inc. requesting end to CDH Awareness Trademark. http://cdhsupport.blogspot.com/2009/02/formal-letter-to-breath-of-hope-inc.html There has been no response. Breath of Hope, Inc. seems unwilling to work with the CDH Community for the best interests of those affected by Congenital Diaphragmatic Hernia. Court proceeds.
2/11/09 - Within less than 2 hours of court, Elizabeth Doyle-Propst files false complaint with the IRS against CHERUBS in an attempt to distract us from the trademark trial.
2/11/09 - 1st phone hearing of this trial is conducted. The judge and mediator suggested that both parties amend their original paperwork. Also, both the mediator and the judge said that they highly recommend that we resolve this ourselves before we wasted "2 years and a lot of money" fighting this. Or we file a motion to accelerate the hearings... which means less time to turn in things and it resolves in about a year instead of 2 years. We said that CHERUBS would talk that over with our lawyer and that we were open to any suggestions or procedures that would quickly resolve this trademark issue that has the entire CDH community greatly distressed. Elizabeth did not respond. Then they asked about lawyers. Elizabeth is representing herself. The judge "highly advised" her to get a lawyer. Court resumes next month. http://ttabvue.uspto.gov/ttabvue/v?pno=92050284&pty=CAN&eno=2
1/12/09 - Elizabeth Doyle-Propst represents herself and Breath of Hope, Inc on the Response to the Petition to Cancel. Despite the offer to let her have the "Congenital Diaphragmatic Hernia Awareness Day" trademark, she wants both. http://ttabvue.uspto.gov/ttabvue/v?pno=92050284&pty=CAN&eno=2
1/8/09 - Breath of Hope, Inc and Elizabeth Doyle-Propst file false charges against CHERUBS with PayPal and several false federal allegations with government agencies.
1/4/09 - Breath of Hope, Inc and Elizabeth Doyle-Propst continue to send threatening e-mails to CDH families, CDH web sites and filing false charges against them. http://breatheeofhope.blogspot.com/2008/01/board-members-of-breathe-of-hope.html
1/3/09 - Breath of Hope, Inc issues a statement on their "reasoning" behind the trademark, going back on their word not to "police" it's use but now stating that other organizations, researchers and individuals must get their permission to raise CDH Awareness and Research Funds. This statement has been posted in it's original format on CHERUBS blog at http://cdhsupport.blogspot.com
12/29/08 - Breath of Hope, Incorporated files to own the trademark to "Congenital Diaphragmatic Hernia Awareness Day", after registering "Congenital Diaphragmatic Hernia Awareness" despite the protests of 1000's. http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77640674
11/17/08 - A formal complaint was made to Zazzle.com by Elizabeth Doyle-Propst from Breath of Hope, Inc. to have CHERUBS on-line fundraising store removed or altered and our CDH Skateboard Campaign removed.
Update - Petition To Cancel has been filed
On April 1, 2008, Elizabeth Doyle-Propst, CEO of Breath of Hope, Inc, filed a trademark request with the United States Patent and Trademark Office to own the rights to the phrase “Congenital Diaphragmatic Hernia Awareness” and a logo of a turquoise ribbon. This request was initially denied. It was resubmitted without the logo and went onto the Supplemental registry on September 17, 2008. Preceding and following this registration, Breath of Hope, Inc. filed complaints and sent threatening correspondence to other CDH organizations and families who used the term “Congenital Diaphragmatic Hernia Awareness”.
On December 4, 2008, CHERUBS filed a Petition to Cancel with the United States Patent and Trademark Office against the trademark “Congenital Diaphragmatic Hernia Awareness”.
It is our goal, along with 7 other CDH organizations and over 4000 CDH families and medical care providers who signed an on-line petition, that this trademark be canceled so that all people affected by Congenital Diaphragmatic Hernia be able to raise awareness without the threat of lawsuits. Congenital Diaphragmatic Hernia is a severe, and often deadly, birth defect that affects over 1600 babies each year in the United States alone and it would be extremely detrimental for one person or organization to dictate who can raise awareness for this birth defect. Because threats and complaints have been filed in the past and recently by Breath of Hope, Inc against organizations and persons using the term “Congenital Diaphragmatic Hernia Awareness”, we felt that we had no choice but to stand up for CDH families and to fight for their rights to raise awareness.
It is our sincere hope that the United States Patent and Trademark Office will see that it is in society’s best interest to cancel this trademark. We also hope that Breath of Hope, Inc and Elizabeth Doyle-Propst will refrain from any further attempts to harm members of the CDH community and will handle this matter in a mature, professional, non-vindictive and compassionate manner and put CDH families and their awareness rights first and foremost – as should be the behavior of any non-profit organization for families affected by Congenital Diaphragmatic Hernia.
http://ttabvue.uspto.gov/ttabvue/ttabvue-92050284-CAN-1.pdf
http://ttabvue.uspto.gov/ttabvue/v?pno=92050284&pty=CAN&eno=2
TTAB Schedule
1/13/09 - Time to Answer (for BoH to respond)
2/12/09 - Deadline for Discovery Conference
2/12/09 - Discovery Opens
3/14/09 - Initial Disclosures Due
7/12/09 - Expert Disclosures Due
8/11/09 - Discovery Closes
9/25/09 - Plaintiff's Pretrial Disclosures
11/9/09 - Plaintiff's 30-day Trial Period Ends
11/24/09 - Defendent's Pretrial Disclosures
1/8/10 - Defendent's 30-day Trial Period Ends
1/23/10 - Rebuttal Disclosures
2/22/10 - 15-day Rebuttal Period Ends
Yes, that is correct - this could drag on until 2010 - and it probably will because it's highly doubtful that Breath of Hope will decide to listen to the families and drop this nonsense, even though we all said that we didn't care about their new trademark on "Congenital Diaphragmatic Hernia Awareness Day". This is why TM Lawyers cost between $50,000 and $100,000. BoH donation money hard at work, unless Elizabeth represents herself in court without a law degree. Either way, it's a complete waste of the time of 2 organizations, BoH donations used in the filings and United States tax-payer dollars - not to mention all the 100's of very upset CDH families who are signing this petition.
This Petition
This petition is started in part of an appeal process against an application with the U.S. Patent & Trademark office for ownership of the awareness of Congenital Diaphragmatic Hernia. CDH is a rare and often deadly birth defect that affects 1600 babies in the U.S. each year.
One organization, Breath of Hope, Inc., is seeking to own the term "Congenital Diaphragmatic Hernia Awareness" and therefore dictating it's use. This would be detrimental to every cause, every CDH organization, every family affected by Congenital Diaphragmatic Hernia that wishes to raise awareness, advocacy, research and support of this birth defect in memory and in honor of these babies. This would effectively exclude everyone but a few within a specific organization of using CDH Awareness ribbons, petitioning the government of CDH Awarness Days, holding events, fundraisers and any other activities in correlation for raising awareness of this disease without specific permission from one specific individual within one organization for their benefit.
It is our collective opinion that no one should benefit from the pain and / or deaths of babies born with Congenital Diaphragmatic Hernia by claiming ownership of the awareness of this birth defect. We petition the United States Trademark & Copyright office to deny claims to this term and any terms that would negatively affect the families, medical care givers and general public who may be affected by CDH.
As this would be detrimental to several other organizations who have been practicing CDH Awareness for over a decade, 1000's of families around the world and general public - we hereby sign that we petition against the ownership and trademark of the phrase "Congenital Diaphragmatic Hernia Awareness" by Breath of Hope, Inc and any entity, organization or individual.
More About This Petition
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The Application for Trademark Ownership
You can view the application for trademark ownership of "Congenital Diaphragmatic Hernia Awareness" here. It includes the original application, the amendment and the turquoise awareness ribbon (which is owned by Rainbow of Hope). Click here to view - http://tarr.uspto.gov/servlet/...
All documentation on file with the USPTO for this trademark application - http://tmportal.uspto.gov/external/portal/...
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The Petition to Cancel
The Petition to Cancel was filed by CHERUBS on December 4, 2008.
http://ttabvue.uspto.gov/ttabvue/v?pno=92050284&pty=CAN&eno=2
http://ttabvue.uspto.gov/ttabvue/v?pno=92050284&pty=CAN&eno=2
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BREATH OF HOPE, INCORPORATED
The people behind this trademark to prevent CDH families, doctors and other organizations from spreading Congenital Diaphragmatic Hernia Awareness, the staff at Breath of Hope, Incorporated:
Elizabeth Doyle-Propst, CEO - elizabeth@breathofhopeinc.com
Stacy Everett-Harding, VP - stacy@breathofhopeinc.com
Rick Bryant, Advisor - rick@breathofhopeinc.com
Marsha McInnis, Advisor - marsha@breathofhopeinc.com
Jennifer Luning, Advisor - jennifer@breathofhopeinc.com
Jean Ashner, Advisor - jean@breathofhopeinc.com
Holly Centurino, Advisor - holly@breathofhopeinc.com
Melissa Roy, Advisor - melissa@breathofhopeinc.com
This trademark is also supported by the Board of The Parker Reese Foundation
Jessica Singletary, President - jes_singletary@yahoo.com
All other Congenital Diaphragmatic Hernia Organizations are standing up against this trademark and putting families first.
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From the United States Trademark & Patent office:
Word Mark CONGENITAL DIAPHRAGMATIC HERNIA AWARENESS
Goods and Services IC 035. US 100 101 102. G & S: Promoting public awareness of congenital diaphragmatic hernia; Public advocacy to promote awareness of congenital diaphragmatic hernia. FIRST USE: 20070701. FIRST USE IN COMMERCE: 20070701
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77436855
Filing Date April 1, 2008
Current Filing Basis 1A
Original Filing Basis 1A
Supplemental Register Date July 16, 2008
Owner (APPLICANT) Breath of Hope, Incorporated CORPORATION VIRGINIA PO Box 6627, Charlottesville VIRGINIA 22906
Type of Mark SERVICE MARK
Register SUPPLEMENTAL
Live/Dead Indicator LIVE
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That organization's response is that they wouldn't police how Congenital Diaphragmatic Hernia Awareness is used. This is not true. This organization began threatening to sue over the use of Congenital Diaphragmatic Hernia last year, without grounds, without owning the trademark that was applied for on April 1st of 2008 as per the documents on the U.S. Patent Office's official web site signed by the CEO of this organization. Below are examples of how little this organization can be trusted with something this important and how no organization / individual / entity should have power over the awareness of a birth defect or disease. THIS harassment and types of threats will happen to every other CDH organization and families if this trademark is granted. Please help us to stop this from happening. 6 CDH organizations, the world's top CDH surgeons, and over 5000 people are standing together against this injustice. Please stand with us.
1/8/08 - Breath of Hope, Inc and Elizabeth Doyle-Propst file false charges against CHERUBS with PayPal and several false federal allegations with government agencies.
1/4/08 - Breath of Hope, Inc and Elizabeth Doyle-Propst continue to send threatening e-mails to CDH families and filing false charges against them. http://breatheeofhope.blogspot.com/2008/01/board-members-of-breathe-of-hope.html
1/3/09 - Breath of Hope, Inc issues a statement on their "reasoning" behind the trademark, going back on their word not to "police" it's use but now stating that other organizations, researchers and individuals must get their permission to raise CDH Awareness and Research Funds. This statement has been posted in it's original format on CHERUBS blog at http://cdhsupport.blogspot.com
11/17/08 - A formal complaint was made to Zazzle.com by Elizabeth Doyle-Propst from Breath of Hope, Inc. to have CHERUBS on-line fundraising store removed or altered and our CDH Skateboard Campaign removed.
9/18/08 - A formal complaint was made to Cafepress by Elizabeth Doyle-Propst from Breath of Hope, Inc. to have CHERUBS on-line fundraising store removed or altered. Cafepress denied this request. Again.
8/31/08 - An "anonymous" e-mail, the same account used to send the e-mail about the trademark that alerted us, was sent to CHERUBS President with threats of personal blackmail and lawsuits if CHERUBS did not remove this petition and any references to "Congenital Diaphragmatic Hernia Awareness" before September 16th.
8/12/08 - An "anonymous" e-mail was sent to CHERUBS to brag about the trademarking of "Congenital Diaphragmatic Hernia Awareness". 7 organizations immediately went into action to stop this trademark.
1/4/08 - Yahoo.com representative calls CHERUBS office about a trademark complaint made by Elizabeth Doyle-Propst, President / CEO of Breath of Hope, Inc., asking that CHERUBS be removed from Yahoo's search engine and CHERUBS yahoo groups be taken down. http://cdhsupport.org/elizabet...
12/19/07 - Elizabeth Doyle-Propst, President / CEO of Breath of Hope, Inc. sends a formal complaint to Cafepress.com, where CHERUBS hosts an on-line store of fundraising and awareness items. http://cdhsupport.org/elizabet...
10/23/07 - Stacy Dinay Everett Harding, Vice-President of Breath of Hope, Inc. sent a letter to CHERUBS lawyer accusing our children's charity of copyright infringement. http://cdhsupport.org/elizabet...
10/22/07 - Elizabeth Doyle-Propst, President / CEO of Breath of Hope, Inc. accuses CHERUBS of copyright and trademark infringement again and threatens more legal action. http://cdhsupport.org/elizabet... http://cdhsupport.org/elizabet... http://cdhsupport.org/elizabet... http://cdhsupport.org/elizabet... http://cdhsupport.org/elizabet... http://cdhsupport.org/elizabet... http://cdhsupport.org/elizabet... http://cdhsupport.org/elizabet... http://cdhsupport.org/elizabet... http://cdhsupport.org/elizabet... http://cdhsupport.org/elizabet... http://cdhsupport.org/elizabet... http://cdhsupport.org/elizabet...
10/4/07 - Elizabeth Doyle-Propst, President / CEO of Breath of Hope, Inc. accuses CHERUBS of copyright and trademark infringement. http://cdhsupport.org/elizabet... http://cdhsupport.org/elizabet... http://cdhsupport.org/elizabet... http://cdhsupport.org/elizabet... http://cdhsupport.org/elizabet... http://cdhsupport.org/elizabet... http://cdhsupport.org/elizabet... http://cdhsupport.org/elizabet... http://cdhsupport.org/elizabet...
These are only a few of the threats, false charges and other attacks made by this organization to other organizations and CDH families.
The best indicator of future behavior is past behavior.
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What is CDH?
Congenital Diaphragmatic Hernia (CDH) occurs when the diaphragm fails to fully form, allowing abdominal organs into the chest cavity and preventing lung growth. CDH affects 1600 babies a year in the U.S. - 800 of those babies do not survive. The cause is not known. For more information on CDH, you can visit CHERUBS.
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