I have withdrawn my applications for trademark and business

If you know anything about name reservations and such, they are for specific
things. Like if you trademark "butterfly" that doesn't mean you own everything
that ever uses the word "butterfly." You can have "Butterfly Auto Dealers" and
"Butterfly Cosmetics" and "Butterfly Home Builders". That is part of how this
works. Or as we know Amazon Bookstore and that other Amazon.My trademarking
something does not mean I have sole use of a name in all situations. In fact,
it is quite limited.

As to crimes, I don't think trying to start a business is a crime. I am still
very interested in trying to foster authentic conversation about the issues
that divide us and a podcast seems like a good tool for that as on-line seems
to just devolve into sniping. Somewhere along the way we have lost our
humanity on-line.

Given the dramatic lack of understanding of what I have done, I have removed my
filings for opening a business and for a trademark. I intend to work on
developing my podcast in the meantime. If someone else wants to file, they are
more than welcome to. I expect in about six months I will be further down the
road on this podcast idea and look to establish my legal entity to create a
business. They always say the first thing is to file for a name but in this
case maybe not.

I understand some people are saying some harsh things about me, many untrue. I
could respond in anger. But I am not. I am responding in generosity. If
someone wants this intellectual asset, please go ahead. I will be back in about
six months so if you want to file something, you should have ample time.

Carol Becker
Longfellow

Why six months?

https://tonywebster.com/2018/08/carol-becker-wedge-live/

Please tell us what's untrue here: you filed to claim for intellectual property
you knew to be in use by a former campaign rival and critic of your conduct as
an elected official.

Too late.

Is it just me or does anyone else feel like they just walked in on a couple
of neighbors having a (private) fight?

Rest of post

It's just you. Everybody else read the article.

>Given the dramatic lack of understanding of what I have done

I believe there is a dramatic *abundance* of understanding of what you have
done and are doing.

Comme ci, comme ça.

@CRZ

The moral outrage caucus is in full swing. It is legal and , yes, ethical to
reserve a name with the Secretsry of State.
I do not know Carol Becker, just have been impressed with her posts on the
forum over time.
The petty jabs at her deserve no response from her re: "why six months?
"..because she said six months.
Or the one that gave me a chuckle"You filed to claim intellectual property."
Just for fun, I am tempted to reserve variations of wedge or wedge live etc
with the Secretary of State.

The guy should thank Ms. Becker...Never heard of or read his stuff until now.

Perhaps you should read and watch a bit more, Ms. Hastings.

The trade mark in question is not registered and thereby may not gain those
protections provided in doing so, but it is demonstrably a trademark like many
thousands of other unregistered trademarks and Carol Becker knows knew it when
she filed on it; registering such a trademark in ignorance is one thing, but
this was a petty move from a politician tired of the way she was characterized
by an opponent and citizen of our fair city. A business actually wanting to
control a trademark in this situation would either buy it from the owner at an
agreeable price or give up (Carol is trying to quietly do the latter even
though I’m sure the owner would take a few thousands and pummel her using
another).

Emilie can certainly be forgiven for not appreciating all the trolling we’re
getting from both sides on this, especially given all the threads wasted on it
with this latest one of Carol’s to try to bury things, but objectively, she is
on shakier ground even if most could not care less about this (me, certainly,
but I was not the target): she cannot pretend to not know this trademark was in
use when she is a prime target of the enterprise using it.

I did not quote what I thought was the most relevant section of the chapter
from Chapter 15 of the Minneapolis ordinances on ethics in guvmit:

> ARTICLE II. FAIRNESS
> 15.130. Ethical aspiration. We act honestly, fairly, and openly so that
others can rely in good faith on our words and actions. We do not engage in or
tolerate any act of discrimination, retaliation, harassment or abuse. We
maintain and respect confidentiality and decide all matters based on their
merits, free from improper influences (2003-Or-034, § 1, 3-21-03)

I don’t suppose it is fun for anyone to get an ‘on the cheap’ Daily Show (a
trademark no politician would touch with a ten foot poll) treatment, but
there’re are better ways to handle it than Carol Becker has, even with all her
fans on this list behind her descent into the mud with her detractors.

Maybe she should just amend her application to to the person already using
Wedge Live! Or whatever it is, or if that’s not possible, offer to pay for
another. Or maybe she is just going to be defined by this sort of thing from
now on.

Whatever happens, I’m sad. I have treasured the participation of elected
officials on these forums, even when they have to endure my and that sometimes
unflattering prose from others to do it. This is the sort of thing makes such
participation more unlikely. Perhaps all sides can agree to bury the hatchet
under a fourplex somewheres and go back to bidness as usual.

Sent from my iPhone

Rest of post

Even sadder realizing I’m missing the CD 5 debate writing this typo ridden mess
;-) Maybe it is streaming somewheres.

Sent from my iPhone

> On Aug 13, 2018, at 11:55 AM, Bill Kahn <<email obscured>>
wrote:

Rest of post

It is ethical and "Legal", to file on ANY name that has not been previously
"reserved". The Courts have ruled on that previously, ie the "Happy Birthday
Song". It is probably stupid to have a business and NOT file such a
"reservation". Ms. Becker is doing a favor by holding off for six months. She
does not have to hold off for six days if she chooses not to.

Her use of the word "Wedge" for a Podcast is certainly different than what it
is being used for presently. So if I were her I would file a reservation for
that separately. That is her right and is both legal and "ethical". Those
pontificating about it should just look up the damn law before they begin
shooting off their "ethical" crap.

So Ms.Becker, please do not wait for six months. You have given fair warning
so I believe 6 days is quite long enough. Either he cares about the name or he
is using it as a card in the game he is playing. Either way, if I were you I
would rethink the six months and call his hand. Either he cares enough to file
or he is just bluffing. He can anti up or drop out of the game. Really simple
as that , and quite benevolent of you to even give him six days in my opinion.

"Moral Outrage" should be reserved for something that is outrageous, otherwise
it is silly pontificating with little or no morality actually attached.

Carol has won this hand, it is really a time to put up or shut up. If he
decides to fie then Carol has done his silly internet thing a great benefit. I
dare say some will have gone to it out of simple curiosity who would NEVER have
dreamed of doing so otherwise. AND really if he files to reserve the name for
what he does for the purpose of making money, Carol will have done him the
benefit of warning him to do so before someone else does the same thing, then
offers to sell him the use of the name for a modest sum. .. :-)

This discussion was meaningless drivel and not serious, in my opinion, but a
fun thing to laugh about. But here is a FACT that is something that is not
meaningless; Ms.Carol Becker is clearly the most responsive AND RESPONSIBLE
elected public official in the City of Minneapolis. AND that is an
unquestionable fact given her responsiveness on this forum to the public and
the fight on behalf of Minneapolis residents against a City Hall that flaunts
the law as if it were suggestions and not the law. She has stood with the
people against what I think is malfeasance of office of most of the elected
officials of Minneapolis in there flaunting the Charter in the past. That
includes Betty Hodges and RT Rybak when they were Mayors. Stood with the
PEOPLE time after time when the Minneapolis City Charter has been flaunted
those times after time.

Other than that unwise opinion of hers on the Hiawatha Golf Course, I can not
think of a time she failed to be on the "correct" side. Heck, I sometimes
think she is the only elected politician that actually reads the whole darned
Minneapolis City Budget OR reads the Minneapolis City Charter, and thinks it
important imortant to follow it as more than just "suggestions". :-) Bob
Miller and I laughed about that one time when he coached me to actually read
the damn thing and the budget from beginning to end. :-) I am not really sure
how many "Citizens" of Minneapolis ever do that. Same is true of the Park
Board "Budget".

In all honesty, I know NO City Council Member who is as "qualified" or ethical
about observing the rules and law regulating Minneapolis government. She
should have run for Mayor a couple of elections ago.

Jim G

On Monday, August 13, 2018, 8:16:38 AM CDT, Margaret Hastings
<<email obscured>> wrote:

The moral outrage caucus is in full swing. It is legal and , yes, ethical to
reserve a name with the Secretsry of State.
I do not know Carol Becker, just have been impressed with her posts on the
forum over time.
The petty jabs at her deserve no response from her re: "why six months?
"..because she said six months.
Or the one that gave me a chuckle"You filed to claim intellectual property."
Just for fun, I am tempted to reserve variations of wedge or wedge live etc
with the Secretary of State.

The guy should thank Ms. Becker...Never heard of or read his stuff until now.

Margaret Hastings
Kingfield, Minneapolis
About/contact Margaret Hastings:
http://forums.e-democracy.org/p/14Ef9cAIBLjjfLCZRyJPj7

1. Be civil! Please read the rules at http://e-democracy.org/rules.
If you think a member is in violation, contact the forum manager at
<email obscured> before continuing it on the list.

2. Don't feed the troll! Ignore obvious flame-bait.

Rest of post

She says now that it was for a podcast. This is what she told the PTO it was
for:

"Providing political information about elections; Providing political
information, news, and commentary in the field of election campaigns; Providing
a website featuring information about political issues; Providing information
regarding political issues, knowing how to vote and knowing how to register to
vote; Providing information, news, and commentary in the field of politics"
Link:
https://tsdr.uspto.gov/#caseNumber=88049690&;caseType=SERIAL_NO&;searchType=statusSearch

Note that it was for a website, but she does not own wedgelive.com. Note that
the existing wedgelive.com actually does all of those things.

Carol can't pretend she doesn't know what Wedge Live is or that she hasn't read
it. In our argument over the 2040 plan, I sent her multiple links to Edwards'
archives of the Wedge Community Newspaper for primary sources on the cheering
squad for downzoning that took place in the neighborhood.

So either she lied when she said she was reading and responding to them when
she grandstanded about the 2040 plan, or she's lying now when she claims she
has no idea what kind of content is on the Wedge Live website.

The whole "Wedge issues that divide us" mission statement sounds like a good
cover, until you realize that's the text she should have put into description
of her trademark she filed with the PTO, instead of a copy/paste of Edwards'
mission statement.

I also don't know what a resident of Longfellow is doing registering a
trademark based around a neighborhood they don't live in anyway, seems like she
ought to stick to talking about Longfellow issues and leave the Wedge to Wedge
residents to discuss.

Matt Eckholm wrote: "I also don't know what a resident of Longfellow is doing
registering a trademark based around a neighborhood they don't live in anyway,
seems like she ought to stick to talking about Longfellow issues and leave the
Wedge to Wedge residents to discuss."

Me: Seeing as you are posting from Saint Louis Park, kinda ballsy statement to
make in a Minneapolis forum. And since Carol Becker holds a citywide seat, she
should have opinions beyond Longfellow. Don't always agree with her and wish
she were more forthright from the get-go about this brouhaha, but this really
seems like small potatoes in the world of politics, even at a city level.
There seems to be disproportionate outrage about this instance of
cybersquatting pettiness, but I guess she's Public Enemy #1 in some circles for
her stance on upzoning in the 2040 plan.

Brian Stricherz
Kingfield

No Emilie, it's not just you.And much of this does seem to boil down to a petty
fight between contrasting view points . (With the petty coming from one
side-class on the other)
If I had to put my money (or my vote) down...without a doubt, I'd be agreeing
with everything JGraham said and be voting :
Carol Becker for Mayor!
Please?
Consider it?

Powered by Cricket Wireless.

Rest of post

I find people's arguments (or as one person says- pontificating since they
don't know the law) that Carol's actions were legal or ethical, very
entertaining since they are wrong on so many levels. I get that you like her
and her positions but bad behavior is bad behavior. I'd have more respect for
her if she would just admit she made a mistake and move on. She just comes off
looking bad in this case.

Unfortunately, trying to say what she did is legal or ethical lacks the very
basic understanding about how trademarks work. I'll attach part of the Star
Tribune's coverage with the excerpt from an attorney/expert in trademark law.
Maybe some people will think these are just alternative facts since they don't
match what they want them to be-LOL?

By Andy Mannix Star Tribune August 13, 2018 — 7:39pm

McGeveran, who teaches trademark law at the University of Minnesota's law
school, reviewed Becker's applications and said she's misinterpreting the law.
Trademark is established by actually using the name, he said, not just filing
the paperwork first.
"That's not how this works," he said. "That's not how any of this works. You
don't get to steal someone's brand out from under them by filing an application
for registration — especially one that doesn't have any use for it yet."

So even though Edwards hasn't filed the paperwork, he still retains rights to
the name, McGeveran said. "First day of trademark class, I tell students: What
creates trademark rights is using the name. Not registration. Registration's a
piece of paper."

http://www.startribune.com/wedge-live-blogger-battles-elected-official-over-rights-to-name/490763111/

Never, but never question the copyright lawyer. It occurs to me that a
great many people have fallen for the idea of purchasing a domain name on
the internet. I know I almost did that, but changed the nameI wanted
instead. Anyhoo, trademark law and copyright law have many points in
common, apparently.

From the STrib article:
"William McGeveran disagrees.

"McGeveran, who teaches trademark law at the University of Minnesota’s law
school, reviewed Becker’s applications and said she’s misinterpreting the
law. Trademark is established by actually using the name, he said, not just
filing the paperwork first.

“'That’s not how this works,' he said. 'That’s not how any of this works.
You don’t get to steal someone’s brand out from under them by filing an
application for registration — especially one that doesn’t have any use for
it yet.'

"So even though Edwards hasn’t filed the paperwork, he still retains rights
to the name, McGeveran said. 'First day of trademark class, I tell
students: What creates trademark rights is using the name. Not
registration. Registration’s a piece of paper.'”
http://www.startribune.com/wedge-live-blogger-battles-
elected-official-over-rights-to-name/490763111/

On Tue, Aug 14, 2018 at 8:47 AM, Emilie Quast <<email obscured>> wrote:

> Bill -- according to U of MN Law School, "trademark" law follows copyright
> law (as I understand copyright law).
>
> From the STrib article:
> "William McGeveran disagrees.
>
> "McGeveran, who teaches trademark law at the University of Minnesota’s law
> school, reviewed Becker’s applications and said she’s misinterpreting the
> law. Trademark is established by actually using the name, he said, not just
> filing the paperwork first.
>
> “'That’s not how this works,' he said. 'That’s not how any of this works.
> You don’t get to steal someone’s brand out from under them by filing an
> application for registration — especially one that doesn’t have any use for
> it yet.'
>
> "So even though Edwards hasn’t filed the paperwork, he still retains
> rights to the name, McGeveran said. 'First day of trademark class, I tell
> students: What creates trademark rights is using the name. Not
> registration. Registration’s a piece of paper.'”
> http://www.startribune.com/wedge-live-blogger-battles-
> elected-official-over-rights-to-name/490763111/
>
> So, Carol moved before she consulted with a trademark lawyer. That can be
> an expensive shortcut.
>
> On Mon, Aug 13, 2018 at 9:47 PM, Emilie Quast <<email obscured>> wrote:
>
>> I would go for comptroller in a heartbeat. After that, I dunno.
>>
>>
>>
>> On Mon, Aug 13, 2018 at 7:39 PM, Bill Kahn <<email obscured>> wrote:
>>
>>> Hmm. So how do you feel about Mayor Carol Becker, Emilie? I used to
>>> think that could be a good thing, but this and several other exchanges make
>>> me think it would lead to some hellish time for this city, more than usual,
>>> anyways. Sort of why I became a Council-manager guvmit advocate.
>>>
>>> Sent from my iPhone
>>>
>>> On Aug 13, 2018, at 12:42 PM, Emilie Quast <<email obscured>> wrote:
>>>
>>> Thanks, Bill. I was actually thinking about Kari Dz's comment when
>>> Dayton and Doud or someone
>>> got into it quite publicly. Kari commented that for someone in the
>>> Leg., it was like listening to your
>>> parents fights. and, yes, I do tune out most of the squabbles. You
>>> get better sleep that way. You
>>> didn't cause them, can't fix them, might as well make sure you get
>>> enough sleep so you can deal with
>>> what shakes loose from them.
>>>
>>> On Mon, Aug 13, 2018 at 12:03 PM, Bill Kahn <
>>> <email obscured>> wrote:
>>>
>>>> Even sadder realizing I’m missing the CD 5 debate writing this typo
>>>> ridden mess ;-) Maybe it is streaming somewheres.
>>>>
>>>> Sent from my iPhone
>>>>
>>>> > On Aug 13, 2018, at 11:55 AM, Bill Kahn <
>>>> <email obscured>> wrote:
>>>> >
>>>> > Whatever happens, I’m sad
>>>>
>>>>
>>>>
>>>> Bill Kahn
>>>> PPERR, Picayuniariana, The future state within the State of Minnesota
>>>> encompassed by the Minneapolis city limits (consider annexation if you are
>>>> tired of being manipulated)., http://www.lastminneapolismayor.org
>>>> About/contact Bill Kahn: http://forums.e-democracy.org/p/billkahn
>>>>
>>>>
>>>> 1. Be civil! Please read the rules at http://e-democracy.org/rules.
>>>> If you think a member is in violation, contact the forum manager at
>>>> <email obscured> before continuing it on the list.
>>>>
>>>> 2. Don't feed the troll! Ignore obvious flame-bait.
>>>>
>>>>
>>>> ------------------------
>>>> Reply: Reply-All or visit http://forums.e-democracy.org/
>>>> r/topic/1B7EKbIwF975BPvWjaZXpO
>>>> New Topic: mpls@forums.e-democracy.org
>>>> Digest: Subject: digest on
>>>> Leave: Subject: unsubscribe
>>>> Forum Home: http://forums.e-democracy.org/groups/mpls
>>>>
>>>>
>>>>
>>>>
>>>> Help? http://e-democracy.org/support Hosting: http://OnlineGroups.Net
>>>>
>>>>
>>>>
>>>
>>>
>>> --
>>> Emilie Quast
>>> 160 Wilson Library, University of Minnesota
>>> Minneapolis MN 55455
>>> <email obscured>
>>>
>>>
>>
>>
>> --
>> Emilie Quast
>> 160 Wilson Library, University of Minnesota
>> Minneapolis MN 55455
>> <email obscured>

Rest of post

You cannot post because you are not logged in.

I have withdrawn my applications for trademark and business

Already a member?

Not a member?

E-Democracy is 100% Donation Supported Contribute Today!