If you can’t make it to the big leagues... go for the “Supplemental” Register

Paul Helm, the President of Career Agents Network (and also listed on the Annual Report as being the President of Health Career Agents on June 9, 2008)  wrote in the “Extra Extra - Read All About it - CAN Story” that they “ Tried to prevail in one situation, seeking and receiving a court order demanding that a web hosting company provide the identity of a cyber attacker who was using our trademarked company name.”

Career Agents Network HAS NOT BEEN granted the right to use the name Career Agents Network as a trademark on the PRIMARY register.  In fact, on April 4, 2010 they were REFUSED their application for the trademark based on “merely descriptive nature”; so on April 26th they amended their application and have requested a downgrade to the supplemental register.

Here’s an explanation of the supplemental register as offered online:

“The Supplemental Register is a secondary list of registered marks maintained by the USPTO. Marks on the Supplemental Register do not qualify for registration on the Principle Register, and as such, these marks do not receive the many benefits of registration available on the Principle Register. Typically, Supplemental Register marks are those that are registered in foreign countries but not yet used in the United States, and those that are not descriptive. (Note for the people at C&E and others): Marks registered on the Supplemental Register are not subject to opposition proceedings, but they may be canceled anytime by a court.”

Perhaps someone will take up the challenge and expense of getting it canceled through the court system.

If you’re into reading opinions written by the United States Patent and Trademark Office I’ve included their initial refusal notification here:

USPTO Letter to Lowenstein 04-04-2010

Even if they are successful in getting their name in the supplemental register it is irrelevant because the courts have consistently maintained that using a name is permissible in providing critical commentary on a noncommercial site.  I have gained nothing from bringing others the facts and opinion regarding Health Career Agents and Career Agents Network. There is zero monetary value for me in bringing my opinion to the public and those conducting due diligence, just expense fending off their scurrilous, oppressive, and meritless attempts to silence me.

The Court System got it right. As Americans we have the right to exercise free speech.  If my opinion is that Career Agents Network is a scam and not worth spending *any* money on let alone tens of thousands of dollars, the court has said that I have the right to shout it from the rooftops and post it on the internet. It wasn’t a court order demanding anything from a web hosting company.  It was requesting information from the domain name registrar, DirectI.  With taking over so many domain names from the failed businesses they scammed you’d think they would know the difference between a web hosting company and a domain name registrar.

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