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  Who owns your Name?

Les Raketti 05/17/2006 06/29/2007revised

Introduction , Overview, Trade Marks & Common LawTrade Mark Definations, UCC

The Problem - Who Owns Your Name

Not establishing legal title puts one in a position where someone else can benefit from your work and/or creations. In the common sense, we can identify with the need to protect creative works of art such as books, poems, inventions, and the like but what we may not be aware that someone can also copywrite your name and in effect have ownership of everything created in that name.

Imagine waking up one day only to realize that everything you worked all your life for was not owned by you. Furthermore, you find out unbeknown to you that everything you did was done under the name of a corporation. You investigate a little further and you find out that this corporation has tied you into multiple contractural obligations - and here you are paying in the corporation's name for this and this and this ... adnaseum, effectively bleeding away everything you make. Does this sound like a nightmare or does this sound like real life? Well that sound you hear is your wake up call.

A Hypothetical Question - Are you the beneficiary?

Welcome to the real world 'as it operates under the Uniform Commercial Code'. The UCC as its known has been adopted in virtually all the countries in the world. Its what all your laws are based on, its what all your lawyers are trained in, its what all your courts base their decisions on. Consider the UCC as the rule book or the operating and procedual manual for all commercial activity or all exchange of energy in the form of all intellectual property, goods and services.

You see the UCC is an artificial creation, in the sense it is man made laws or codes governing commerce. Everything that operates in this artificial world is contractual. In other words in order to receive something you must give up something of equal value. In that sense a contract promotes fair exchange or commerce. All communication is conducted on paper and in this artificial world whenever you respond to or sign your name you are entering into contract whether you are aware of it or not. The presumption is that you are fully aware of what you are doing and obligating your self to.

Commerce will not work if either party does not fullfill their obligations in contract. And so rules of conduct or procedure are of prime importance. Technically, not honouring or fullfilling ones obligations puts one in dishonour. This is quite serious as your ability to function in commerce hinges on your reputation to be true to your obligations.

This UCC game on the chessboard of life is all about energy, your life's energy, either you in this are the full beneficary of your intellectual and/or physcial efforts or you are not. If you are not the owner of your name in commerce then you are not the owner of all you created under that name and you are not the one who benefits from the results of your efforts ( you are not the beneficiary). In addition you are also tied into all obligations which that name that 'trade name' or 'trademark' is contractually tied into. In effect you are exchanging energy for preceived benefits that may or may not serve you.

One of the pitfalls in contract is unwittingly trading your natural birth rights for perceived benefits which your already have in common law. Using the UCC's own rules of procedures you can rectify or delink yourself from any or all contractual obligations if you perceive it not to be in your best interest.

The Solution - Establish Legal Title in Common Law

One of the first steps you can take in claiming back and taking responsibility for what is rightfully yours is to file your copyright notice publically.

The Copyright Notice officially establishes legal title re the ALL-CAPS TRADE NAME under common law and sets forth the terms of the consensual contract for its unauthorized use, the Uniform Commercial Code “UCC” is what is used for enforcing the terms of the contract. Even though the Copyright Notice does not depend on the UCC for its validity and enforceability, its provisions are written in strict accordance with UCC guidelines for facilitating easy and thorough non-judicial foreclosure proceedings on any who would attempt commercial gain at your expense through unauthorized use of your TRADE NAME.

A Snapshot of the Process

Publishing a notice of common-law copyright re the straw man’s trade-name/trademark establishes common-law control of the TRADE NAME, i.e. the Debtor in the relationship. You, the real person, as a Secured Party Creditor, records a security interest (UCC-1) in your ALL-CAPS TRADE NAME (the Debtor) and all of the property of the ALL-CAPS TRADE NAME including the Birth Certificate, in the amount of One Hundred Million Dollars.

By the foregoing, You, The Secured Party Creditor, now possess a superior creditor position in and to the ALL-CAPS TRADE NAME. In short, a creditor will have to have a claim against the ALL-CAPS TRADE NAME which exceeds One Hundred Million Dollars, before they can actually realize any benefit from coming after or suing your TRADE NAME.

Doing Business Under Your Trade Name

Corporate names, corporately colored names, trade names, marks, trademarks, and service marks are private property of someone, and all can be claimed as such. Government accepted custody of the name (property) when the newborn was registered via the original birth record/document. The straw man was born on the first document emitted by government that referenced the name, if not on the original record/document itself.

Sometimes the initial document is the Social Security Card; sometimes and more often it is the“CERTIFICATE OF LIVE BIRTH.” Because everything about you is notated/registered/assigned/ listed/vested in the name of, and accessed via, the straw man’s TRADE NAME, all property is considered the straw man’s property.

Trademarks
Trademark is defined as:

“A word, phrase, logo, or other graphic symbol used by a manufacturer or seller to distinguish its product or products from those of others. The main purpose of a trademark is to guarantee a product's genuineness. In effect, the trademark is the commercial substitute for one’s signature. In its broadest sense, the term trademark includes servicemark--often shortened to mark…” Blacks 7th

Your true name cannot be classified as a “word, phrase, logo, or other graphic symbol” because it is constructed in accordance with the rules of English Grammar. Your true name corrupted into an all-capital-letter format, however, eminently qualifies as a “word, phrase, logo, or other graphic symbol” and also a “commercial substitute for one’s signature,” because such an assemblage/concoction of letters cannot be defined/classified in any other way. The ALL-CAPS realm is a corporate realm and none other.

Common-law trade-mark
Common-law trade-mark is defined as:

“One appropriated under common-law rules, regardless of statutes.” Black’s 4th.

This is why you need not consult statutory law and secure approval from any governmental agency in appropriating (claiming) and enforcing a common-law copyright on your trademark, i.e. your ALL-CAPS TRADE NAME.

Your services (labor) are delivered, billed, and paid for via this trademark/servicemark, which encompasses everything about you in the world of commerce because it is via that entity that commercial interface is achieved. Your TRADE NAME/ trademark is your ticket for doing business with the modern, industrial community, and uniquely identifies all products and services brought into existence by your hand.

 

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