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Thread: CDH Awareness Trademark Update - possibly some great news

  1. #1

    CDH Awareness Trademark Update - possibly some great news

    Though paperwork has not been filed officially with the USPTO (you can stay updated through their site at http://ttabvue.uspto.gov/ttabvue/v?p...&pty=CAN&eno=2 ), Breath of Hope has posted the following:

    http://breath-of-hope.blogspot.com/2...ongenital.html

    Tuesday, March 9, 2010

    Statement on Trademark Congenital Diaphragmatic Hernia Awareness
    In light of the ruling regarding the trademark for Congenital Diaphragmatic Hernia Awareness, Breath of Hope has decided to cancel the registered mark. While we feel that the ruling was unfavorable, the Board of Directors at Breath of Hope has decided that we need to move forward in other areas concerning awareness, helping families with this truly horrible diagnosis, and raising money towards research.

    Our intentions of trademarking Congenital Diaphragmatic Hernia Awareness were never to stop others from raising awareness, create lawsuits, or negatively impact the CDH community. Instead, we were attempting to protect what we perceive as our intellectual property. It also should be stated there are literally thousands of health conditions as registered trademarks in use today, including Prematurity Awareness DayŽ, which does not impede anyone from raising awareness or conducting research.

    We, the Board of Directors, are saddened by the misleading, incorrect, and negative information that has been advertised all over the internet by others. We have no intentions of slandering any individuals or other organizations, we feel strongly that this is immature behavior and it is a deterrent from what our goals really are. We will continue to strive to support parents and families, the medical community and other CDH groups and nonprofits.

    - Breath of Hope Board of Directors


    We are very, very glad that they intend to remove the trademark. It would be an answer to prayers said by 1000's in the CDH community for many years. I hope and pray that this post is truthful and that BoH is quick about filing to remove this trademark. This would be a great relief to all the CDH community and CDH Awareness would be returned where it belongs - to ALL families and researchers affected by Congenital Diaphragmatic Hernia.

    However, I'm sad that it's taken so much time, effort, resources and conflict in the CDH community to deal with this trademark from the start. Several years, over 6500 signatures from CDH families from around the world, lawyers and a very firm letter from the USPTO itself to let Breath of Hope know that they indeed, had no hope in this case to get them to remove the trademark... all of it needless and negative and not serving the CDH community in any positive way. None of this should have happened.

    I also feel that the inaccuracies in that statement and blatant lies that it was never used to harm others (there are court records in 2 different courts plus IRS records to prove otherwise) and there are other trademarked cases of awareness on the books (yes on diseases - but not 1 on awareness of a cause except this one) are just further needless attacks on others who spoke up against this behavior.

    I hope and pray that the attacks and false filings against CHERUBS and other stop and that ALL CDH charities focus on their own services and members and work towards a more positive CDH community like the one we had before all this started.

    Our babies deserve that.

    This is a GLORIOUS day for ALL the Congenital Diaphragmatic Hernia Community!!!!!! Through the hard work, dedication and commitment of several CDH organizations, 1000's of families, 100's of researchers and our amazing pro bono attorneys, Breath of Hope has finally made the right decision CDH awareness will be restored. Way to go everyone - we have done our children proud!!!!!
    Mom of Shane (1/28/93-9/11/99) LCDH x6 and multiple complications and birth defects.

    Founder and President of CDH International.

    Executive Director of:

    CDH International USA
    CDH International UK
    CDH International Canada
    CDH International Switzerland
    CDH International Netherlands
    CDH International Singapore
    CDH International Hong Kong

    Messages may be answered by CDHi Team.

  2. #2
    This is great news Dawn!!! A prayer was answered!! Let's hope they follow through and finish the necessary paperwork.
    Tracy - mom to Ian, LCDH diagnosed at birth, 4/3/04. Ian was born at 36 weeks, spent 53 1/2 days in NICU, 7 days on ECMO, surgery was on day 5, 29 days on a vent, 23 days was an oscillating vent, 546 days on oxygen. Inguinal right and left hernias and undescended left testicle surgeries were done on day 48. Currently has heart related medical issues and exercise induced asthma, but is one happy, happy boy!! Also mom to Cole - 13, Shane - 9, and Toby - 4. CHERUBS Parent Advisory Board Member and Co-Chair, Volunteer Co-Coordinator, and Wyoming State Representative.
    email: tmeats@cherubs-cdh.org

  3. #3
    WONDERFUL NEWS!!!! Thank you Breath of Hope.
    Shana ~ Mom to Nyah-Lyn (05-31-2004) and Cherub Landon Matthew (06-20-200 Bilateral Diaphragmatic Eventration. Left side repaired @ 3 days old- Right side repaired @ 4 months old --> total hospital days = 42. He's our hero! http://i45.photobucket.com/albums/f8...bonSmall-3.jpg Landon's Journey: http://www.onetruemedia.com/shared?p...m_medium=email

  4. #4
    Tracy, I hope they do. If they don't, they have USPTO paperwork due next week so either way, they have to file something.

    Doing a happy dance here tonight!!!!!!

    I want to say something.... I know I've driven everyone CRAZY with this stuff for 3 YEARS!!!! I know I've personally alienated a lot of CDH parents who didn't want to hear about the trademark and the stuff Breath of Hope has been doing to try to shut CHERUBS down and how the trademark played in that. I know I have had a big mouth and posted a lot and annoyed a lot of people... but my heart has been in the right place. And if it all led to getting here - getting this trademark removed - then it was worth it. But it hasn't been easy. So I want to say thank you...

    Thank you to our members who have put up with me for the past 3 years when I talked about it, shouted about it, and banged my head against brick walls until you were sick of hearing about it.

    Thank you to the Board who has been supportive all along in fighting this trademark. Who stood by me and listened to me cry, who helped research and fight the legal stuff and complaints against CHERUBS. Who put their own selves in the line of fire. Who have represented CHERUBS so well and never gave up and never once said to give up, move on, let the trademark stay... no matter how hard it got. Who have been amazing advocates for all CDH parents.

    To the groups who helped us and supported us and weren't afraid to stand up to the trademark and didn't sell out to be "neutral" or "ignore the drama"... they stood up for all CDH awareness and all CDH families. They backed CHERUBS all the way.

    To all the CDH researchers, nurses, doctors, families, survivors, friends who signed the petitions, who e-mailed BOH, who posted on their sites and blogs and said the trademark was wrong. All 6500+ people who knew this trademark was wrong and weren't afraid to say so.

    Thank you. I know it's not officially over but even if BOH retracts their post or pretends they never said it... we've done the right thing. It hasn't been easy, it hasn't been pleasant but we stood up and never gave up and never gave in. We really did make our children proud. Thank you, all of you... for believing in doing what's right, for believing in CHERUBS and for putting up with me. Thank you.
    Mom of Shane (1/28/93-9/11/99) LCDH x6 and multiple complications and birth defects.

    Founder and President of CDH International.

    Executive Director of:

    CDH International USA
    CDH International UK
    CDH International Canada
    CDH International Switzerland
    CDH International Netherlands
    CDH International Singapore
    CDH International Hong Kong

    Messages may be answered by CDHi Team.

  5. #5
    Great news way to stand strong Dawn!!
    Mom to Kailee Mae Glover Aug 27- 2007 and Gwendolynn Leigh Glover Feb 02-2009 to Feb 26- 2009 Right sided CDH 1 surgery liver failure on ECMO for 23 days dialisis off and onfor 24 days. <a>http://lagf.lilypie.com/STdbm6.png</a> www.caringbridge.org/visit/gwendolynnglover

  6. #6
    That is awesome you stayed strong and kept fighting! If you feel in your heart something is right then you should fight for it!! Congratulations!!
    My little Angel- Scarlett Ray Benitez was born July 19th 2008. She was born completely blue and not breathing at 38 weeks- she was 5 pounds and 12 ounces. She was diagnosed about an hour after birth with left sided CDH and she had a successful surgery two days later. The 19 days she was in the hospital are a blurr to me now. The doctors told us she did amazingly well for having CDH. She has acid refulx- severe asthma- and a few developmental delays and with all of that- to me and my husband she is perfect!! She is the happiest baby I have ever known (and no I am not biased ). Even when she is severly sick she still smiles. I thank God every day for giving me her!!

  7. #7
    I was doing the happy dance too last night!

    Thank you Dawn, the board, and all the families and CDH organizations that stood their ground and fought for what was right!! CDH awareness belongs to all of us!
    Tracy - mom to Ian, LCDH diagnosed at birth, 4/3/04. Ian was born at 36 weeks, spent 53 1/2 days in NICU, 7 days on ECMO, surgery was on day 5, 29 days on a vent, 23 days was an oscillating vent, 546 days on oxygen. Inguinal right and left hernias and undescended left testicle surgeries were done on day 48. Currently has heart related medical issues and exercise induced asthma, but is one happy, happy boy!! Also mom to Cole - 13, Shane - 9, and Toby - 4. CHERUBS Parent Advisory Board Member and Co-Chair, Volunteer Co-Coordinator, and Wyoming State Representative.
    email: tmeats@cherubs-cdh.org

  8. #8
    Great news! Thank you for all you have done Dawn and others!
    Nicolle Colvin Mommy to Kasey James 11.16.08-12.19.08 Colorado Representative colorado.cherubs@gmail.com http://cherubscolorado.blogspot.com/

  9. #9
    Great news!
    Mom to Brooke-3/22/04- Braden-3/13/08-RCDH diagnosed at birth- treated at CHOP- CDH repair at 1 day old- home on day 12- Orchiopexy for undescended testicle (4/13/09)- Myringotomy with tubes bilateral (ear tube surgery-7/6/10)
    North Carolina State Co-Rep http://i291.photobucket.com/albums/l...bon-braden.jpg Braden's video http://www.onetruemedia.com/shared?p...edium=text_url

  10. #10
    That is wonderful news for the whole CDH community. I hope all the drama is behind us.
    cdh found at birth. 28 days NICU. Vent 7 days. Repair at 3 days. No ECMO. NG Tube 28 days http://i319.photobucket.com/albums/m...don/0004-1.jpg

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