Who owns your
Les Raketti 05/17/2006 06/29/2007revised
Introduction , Overview,
Trade Marks & Common LawTrade Mark Definations, UCC
Problem - Who Owns Your
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
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
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
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
One of the first steps you can take in claiming back and taking
responsibility for what is rightfully yours is to file your copyright
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.
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…”
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 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.