Re: ASA's application to trademark the Autism Awareness Ribbon/Image

[Guest guest]

Hi J.P.

Thank you for your kind words.

My secret(s). Simple (1) I married well -- PAULA; and (2) I am an

insomniac!!!!!; (3) cell phones with multiple batteries; and, (4) laptops!!

Here are a few other specific examples taken from an e-mail I sent out a

while ago that addresses the intent behind the ribbon trademarking and gives

some real life, example of some problems ASA was facing. (see below).

My best.

Peacefully,

Jeff Sell

Autism Society of America - 1st Vice Chair

Chairman - ASA Government Relations Committee

www.autism-society.org

JZSell@...

www.JZSLAW.com

(cell)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Hi XXXXXX:

I think it's pretty clear, get prior approval, just as I did long ago

for using the ribbon on my website (before it was ever trademarked actually,

back in 2001 when I did the old website--I just thought it would be nice to

ask first) and MoMA can use it and keep the royalties all to themselves (See

P. 3.1 -- " 3.1. Subject to the provisions of this Agreement, Licensor grants

to Licensee, and Licensee accepts, a nonexclusive, nontransferable,

royalty-free, personal license... "

5.3 basically says you shouldn't do a & b " without prior written

approval .. " --that last phrase is the operative phrase from a legal

standpoint. In plain English, (I really despise legalese), " Ask first " .

One of the many reasons behind that is to ensure folks like the Judge

Rottenberg Group (a group of so called " healers " who strap electrodes on

autistic adults/children's bodies, then turn on the electricity and shock

the folks to allegedly prevent so called " poor behavior " ) don't use the

ribbon creating the impression that ASA endorses their use of electrical

shock treatments (that happened back in the 1990's, 2000 and 2001) and to

make sure non autism groups that want to sell it on e-bay or some other

place to make money off of us parents ask for permission first.

ASA has no plans of denying permission to anyone except the most extreme

cases. Heck, ASA is usually accused of being too soft and lenient on such

matters. Damned if ya do, damned if ya don't. Some parents in Minnesota

brought a disturbing matter to my attention back in March 2003 that relates

to this concern. They bought into a " psychic " healer who used the ribbon on

his marketing materials. After paying $8,000, the parents felt as though

they were taken for a ride and ASA should have stopped this. They called me

before going to a lawyers office to file suit against the psychic and ASA to

get their money back. They saw the ribbons and " assumed " that ASA had

checked this shyster out and endorsed him since the ribbon was on his

material. They ended up not suing ASA after I explained things to them.

That really creates a lot of legal exposure when we really have no idea

whose doing what.

Hope this helps. Thanks for asking before assuming the worst, I really

wish others would do the same!!!!

My best.

PS--I noticed you attached a copy of Bill ' proposed agreement

before any revisions. This matter was mishandled. I really think that a

very inexperienced (in the ways of the asd community) staffer mishandled the

situation with Bill. I wish Bill would have just called me first to discuss

the matter and get it resolved the old fashioned way--by talking about the

problem and finding a solution. But, that didn't happen. I can't fix a

problem until I hear about it.

Gotta run,

Hey, again, thank you so much for asking!!!!!

Peacefully,

Jeff Sell

Z. Sell, P.C.

4309 Yoakum Blvd.

2nd Floor

Houston, Texas 77006

(fax)

(cell)

JZSell@...

www.JZSLAW.com

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

ASA's application to trademark the Autism

Awareness Ribbon/Image

Clarification about the ASA's trademark proceedings concerning the " Autism

Awareness Puzzlepiece Ribbon "

There was an e-mail was forwarded by me, Guppy, - from another

person who posted to my Texas Autism Advocacy list concerned about a

trademark application pending by the ASA to trademark the autism awareness

ribbon. From what I personally know, the ASA is dropping their puzzle

boy

logo - and instead applying to trademark the " Puzzlepiece Awareness

Ribbon "

as their sole logo. That would mean that anyone USING the awareness loop

ribbon - would have to get the ASA's permission, or pay them a fee, or

whatever..... Which is totally bonkers in my opinion. That awareness

ribbon is used by the Autism Community at large - and should not be

limited

to, or trademarked by, the ASA.

I personally am wondering how much it is costing the ASA in attorney fee's

to pursue this ridiculous venture. Couldn't that money, time, and effort,

be put into actually having someone in the ASA answer the phone when

parents

call desparate for help???????????

Anyone can still use that puzzlepiece fabric in other ways - but I

believe

that to use it as an awareness ribbon - with that loop - we would have to

get ASA's permission...

That is my understanding - from things I have read and from things that

have

been passed on to me.

Either way - it just makes no sense. What happened to unity?

Please seek clarification from the ASA --- and parents, please ask the

Trademark office to not allow them to trademark that Awareness Ribbon as

theirs exclusively --- that ribbon represents only one thing

exclusively........

OUR CHILDREN WITH AUTISM........

not the ASA.

~~ Guppy