Theoretically, I’m probably a suburban-verging-on-sub-rural-homestead. We have half an acre (hence the name), and we live in an area that true Urbanites would call “the Boonies”. But we’re within city limits, and we do have actual neighbors, and no cows or horses or large farm equipment in the area. Yeah, you can drive or walk a mile or so and get to those things, but we’re not “rural”, we’re borderline. Anyway, that’s irrelevant to the point at hand. I participate in many things that would be considered “urban homesteading” activities, and I also support others who do so, and am part of a community that engages in urban homesteading. Urban homesteads. I said it. Guess what? I’ll probably say it again. I like to live on the edge, considering that’s supposedly now a “trademark”.
Apparently, the folks over at some place called the “Path to Freedom” (which, er, ironic name much?) have decided it’s their duty to trademark “urban homestead” and “urban homesteading.” Like they thought of the phrase. Has anyone not heard the phrase in the last few years, as the movement for simple living and backyard chickens and gardening has picked up steam ? Oh wait, Dervaes claims he’s the “founder” of the Modern Urban Homesteading Movement. C’mon. I’d never even heard of the guy before today, pretty sure he’s not a “founder”. He meant an early adopter, perhaps? Or not. That term has been in usage since at least the early 1900′s, and there were books about it published 40 years ago. Even Dictionary.com cites it back as far as the early 1970′s. Mother Earth News used it in the 1980′s or before. Dervaes began really using the concept in earnest in…2001. Um. I was already into the concept myself by then, and I’m nowhere near Pasadena and had never seen his site or heard of him. I subscribe to Mother Earth News, Grit, Hobby Farm, Hobby Farm Home, and Backyard Chicken, too, and yet he’s flown completely under my radar. Not likely if he’s the Founder of the Movement, ya think? Perhaps they had one of the first websites about the subject, I haven’t researched that far, but I highly doubt they were the first site to ever grasp the concept or use the terminology.
Bottom line: It’s not your concept, it’s not your phrase, it’s certainly not your “intellectual property”. Get over it. It might be usable as a Registered Trade Name, okay, sure. Keep anyone else from teaching gardening classes under the name “Urban Homestead” in your state, for example. But a trademark? Ridiculous. Keep other people from using it in plain common vernacular? Absurd. Check out a quick tutorial on trademark rules (written by a patent and trademark attorney, btw), and it’s clear the idea of trademarking a common phrase is not applicable. Period. Send all the cease and desist letters you like, kids, but a halfway decent lawyer will make mince pies out of the case.
They seem to want to be all hi-falutin’ about their reasons, and “Oh, We’re Doing It For Everyone!” Right. Don’t piss down my back and tell me it’s rainin’, dude. You’re doing it to grab the marketing and the potential profits.
Their “rationale”, and I use the term lightly:
“We filed our trademarks for the purpose of maintaining standards and for the protection of the term and concept. We are still in this society that is ruled by laws and governments and, sometimes, you have to use those rules to protect the freedom of an idea before it’s too late.
We began to see the terms “Urban Homestead” and “Urban Homesteading” used as “green-washed bandwagon” terms solely for profit — even mentioned in an glossy magazine advertisement of a car. It bothered us to see the terms being used for ideas that no longer reflected the down to earth roots.
The final straw came in an email we received. It was from the owner of a small business who created a product and named his little business with a great sounding title. Guess what? Big corporations thought it was a great sounding title as well and trademarked it and told him, he could no longer use the name he came up with.
In addition, more and more people began to use the term for profit and the public / media started to confuse our project with that of the others. It was a matter of survival — trademarks keep the little people from being overwhelmed.
So, as the popularity of Urban Homestead and Urban Homesteading increased and began to label everything from television productions to big agriculture products, we couldn’t shake the warning bells in our minds. The establishment of Urban Homestead and Urban Homesteading needed to be protected so we can all move forward as a movement.”
Oh. I see. So it’s all for the Greater Good (TM)! Not. It’s all about you grabbing the marketing because you saw someone ELSE doing the same thing, and thought, “Heyyyyy…..we can do that too!” My proof that they’re not all about The Little People? If they were, they’d say something like, “Hey, do what you like with this phrase. Don’t try to keep anyone else from using it. We’ll grant anyone and everyone use of it, just send us a note so we can make it ‘official’ and protect us all! That’s the whole point…to keep big corporations from stopping us using it! Go Urban Homesteaders!” They claim they don’t want the term diluted by supposed misuse, but in saying that and trying to grab the name for themselves, they declare themselves the Big Authority in what’s a valid usage and what isn’t. Who voted them Head of the Urban Homesteading Movement? Pretty sure no one did.
Okay, so they have decided that you can use the term, if you don’t want to profit, and if you link back to their information, and post their info every time you use the term (see also: giant marketing strategy). Plus you HAVE TO SHOUT IT. How obnoxious is that?
Their “terms of use”:
If you aren’t using it to make money and are simply documenting your life or sharing your information, this would only require that you update your websites and articles to properly cite our works and properly acknowledge if used.
When using these trademarked terms, the proper way to go about it is as follows:
Proper trademark usage should include the proper trademark notice [®], and note in close proximity that the term is a protected trademark of Dervaes Institute or link to the site.
URBAN HOMESTEAD®
URBAN HOMESTEADING®
That’s it! If you want to label a for-profit endeavor with the term, we ask that you contact us first.
Thank you in advance for respecting our legally protected intellectual property rights. If you have been supportive of our ten-year online work in the past, we appreciate very much your continued support.
If you have any questions regarding the use of Dervaes materials or trademarks, please contact us at (626) 795-8400. We would be glad to provide you with more details.
Furthermore, they’ve had Facebook shut down pages that use the term Urban Homestead, and they’ve sent out Cease and Desist letters. That’s absolutely NOT about protecting the term from big nasty corporations. It’s about control. And being a giant toolbag.
If you’re a Facebooker, you can go to the Take Back Urban Homesteading(s) page and join in letting Mr. Dervaes know exactly how you feel.
If you’re on Twitter, use the hashtag #DumptheDervaeses, and don’t forget to boldly say “Urban Homestead!”
***EDITED 2/17/2011***
I have removed all links to their website, as I have no desire to even inadvertently drive traffic to their site. If you’re desperate to see it for yourself, you can Google it easily enough. Be warned, the firestorm has taken down the site repeatedly, and they are removing pages and text constantly so that they can alter their story and paint themselves as the victims. The above Facebook page has links to many of the pages in archives, and people with actual copies of the letters distributed.
In addition, I’ve been informed that these egotistical fruitbats have also sent a DMCA Trademark Infringement notification to Amazon to remove a book from their search engine. The book? The Urban Homestead by Kelly Coyne and Erik Knutzen. Which has a copyright of 2008. Which was before the “trademark” took effect (letting aside the fact that it’s basically an unenforceable trademark, hence the quotes.) Yet they want us to believe somehow they’re the victims and we’re all big meanies. Uh. Huh.
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Very well thought out post. Much appreciated!
Great post!
the only thing i would have a link back to them is when i write “f- off” or “douche” and even that is too much for them.
Agreed. I’m removing my links to their site. People can google it if they want to find the site.
Thanks for posting! I’m glad to see others doing it and the collective outrage at this ridiculous tactic!
A good well thought out post. I too had never heard of the family till a few weeks ago and I have been personally using the term for years, so they cannot be “leaders” or I would have heard about them. And early adopters? My grandmother ran a productive garden in the UK in WWI with a pig and veges and gleaning wild food from her local community. She was a true urban homesteader.
Well said. I was appalled to wake up and read about this whole thing going on in our own backyards (Hope i didn’t break a trade mark there). I have researched enough to know they ( I simply cant bring myself too using their name) are far from the beginning of this intellectual term.
Two words for the Dervaes.
Up. YOURS!
Thank you for this information.
Dervaes almost convinced people that they own the phrase “urban homesteading” It isn’t so at all. Urban homesteading is registered in Supplementa Register and Dervaes has no exclusive rights on the phrase. We share information with everybody on http://www.denverurbanhomesteading.org. You can find copies of documents and links. We need to cancel this trademark.
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