The Green Movement Trademarking Controversy and the Dervaes Family
Urban Homestead®. There, I said it. But according to the Dervaese family, the use of the term "urban homestead" is infringing on their trademark - a trademark that received its registration certificate only in October, 2010.
The internet gardening community has been abuzz since it was revealed that the family was issuing "cease and desist" letters to bloggers, website owners, authors, and even libraries that use the term urban homestead, or carry books with that title. It seems a bit odd that the family has sought out the community that supported its rise to notoriety (the family runs several websites and makes money off of home tours, filming, and selling their organic produce.
The reaction has been so poor that there are Facebook groups and twitter hashtags (#DumptheDervaeses) that call for the family to apologize to the gardening community. After all, many argue, can you trademark general principles that have existed for centuries?
According to the U.S. Patent and Trademark office you can, but should the family be acting on this trademark? Many companies have fought for their brands, such as Xerox, Kleenex, Hoover, and Tupperware, from being subsumed into popular culture and used as the generic term for the object, while newer companies, such as Google and Twitter, which deal with information and concepts, have somewhat embraced this. Does Google go after everyone who says "I 'googled' it?" No.
I think this is where much of the anger comes from - the Dervaeses have trademarked words to describe concepts that have existed for generations - from producing your own food and energy, to raising your own livestock.
According to LAWeekly, "This past week, the Dervaes Institute, the parent organization run by the Dervaes family, started sending out "normal, professional and informative" letters to anyone using the following trademarked terms: URBAN HOMESTEAD®, URBAN HOMESTEADING®, PATH TO FREEDOM®, GROW THE FUTURE®, HOMEGROWN REVOLUTION®, FREEDOM GARDENS®, LITTLE HOMESTEAD IN THE CITY® (the last one is pending, but it's included on the original letter.). They also asked Facebook to take down pages that violated their trademark, which Facebook has done."
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