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Case 45: "White Pride" vs. U.S. Patents and Trademarks Office

Racial Preferences = Racial Discrimination
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The U.S. Patents and Trademarks Office Ruled that non-white races and ethnicities may register "ethnic" trademarks, but whites cannot!

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Web Posted Oct. 13, 2005

Feds Rule "White Pride" is "Offensive" and "Immoral"

By Justin J. Moritz, trademark applicant

[U.S. citizen and retired police officer, Justin J. Moritz writes]:  If you are looking for more evidence that the United States government is biased against white people, you can add their decision in my trademark case.

          In February 2004, I applied for a trademark on the words "White Pride Country Wide."  I did it as an exercise against political correctness.

          I intentionally did not choose "white power," "white supremacy" or "the white race" because of the negative connotations of those terms.  Trademarks can be denied to offensive phrases.

          When I later searched United States Patent and Trademark Office (USPTO) records, I found that "Black Power," "Black Supremacy," and "La Raza" (Spanish for "The Race") had all been approved by the USPTO and been found not to be offensive.

Note:

     Adversity.Net has a strong distaste for dividing ourselves by race and ethnicity.  And we don't much care for the term "white pride".

     But then we don't care much for terms like "black pride", "black power", "Asian pride", or any of the self-identified hypenated American group names such as "African-American", "Asian-American", "Irish-American", or even "European-American." 

     However, we do find it extremely offensive that the U.S. Patents and Trademarks Office (USPTO) has denied a trademark application for the phrase "White Pride Country Wide" while at the same time they have approved trademarks featuring "African pride", "Asian pride", "Black pride"; "Spanish pride"; and "Nicaraguan pride".
  -- Tim Fay, Editor

          The USPTO had also approved and registered "The Black Panther Party" and "Burn, Baby, Burn," the party's slogan.  The Black Panthers had assassinated white police officers but neither term was found to be offensive or immoral.  To me, "white pride" was a non-offensive, positive term, or at least I thought so.

U.S. Gov't Rejection:

          On December 23, 2004, I received my Christmas present from the USPTO.  In an Office Action prepared by Barbara Rutland [of the USPTO], it denied my trademark, ruling that the "white pride" part of my request was "offensive," "immoral," and "scandalous." Here are her very words:

"Section 2(a) Refusal

"Registration is refused because the proposed mark consists of or comprises immoral or scandalous matter. Trademark Act Section 2(a) U.S.C. 1052(a); TMEP 1203.01. According to the attached evidence from a Lexis/Nexis database and a search of the Internet using the search engine www.google.com, the "WHITE PRIDE" element of the proposed mark is considered offensive and therefore scandalous."

/s/ by Barbara Rutland, USPTO Examining Attorney

My Appeal of U.S. PTO's Rejection:

          On January 1, 2005, I decided to appeal the USPTO decision, but not before doing some research.

I found that that the following "pride" terms have all been registered as trademarks by the U.S Government:

"African Pride," "African Man Pride," "Asian Pride," "Bahama Pride," "Black Pride," "Brazilian Pride," "China-Pride," "Chippewa Pride," "Choctaw Pride," "Colombian Pride," "Cuban Pride," "Dakota Pride," "Dominican Pride," "El Salvador Pride," "Ecuador Pride," "Gay Pride Apparel," "Guyanese Pride," "Havana Pride," "Honduran Pride," "Indian Pride," "Jamaica's Pride," "Jewish Pride," "Kwanzaa Pride," "Long Beach Lesbian and Gay Pride," "Mayan Pride," "Mexican Pride," "Native Pride!," "Nicaraguan Pride," "Orgullo Hispano" (Hispanic Pride), "Orgoglio" (Hispanic—'Great Pride' (supremacy?)), "Qisqueya Pride" (Dominican Republic Pride), "Rainbow Pride Coach," "Red Pride," "San Diego Lesbian, Gay, Bisexual, Transgender Pride," "Spanish Pride," and "West Indian Pride."

[Mr. Moritz continues]  The factual evidence for my appeal was overwhelming, or at least I thought so. It seemed as though the federal government wanted everybody to have pride, except white people. It seemed to be a clear case of discrimination.

NOTE:   Adversity.Net has researched a random sampling of these "ethnic" trademark applications on file at the U.S. Patents and Trademarks web site.  Here is what we found for a few of the terms referenced by Mr. Mortiz:

AFRICAN PRIDE:

  • 33 applications on file
  • 3 trademarks have been GRANTED pertaining to hair care products.

ASIAN PRIDE:

  • 1 application on file; pertaining to frozen vegetables. Trademark GRANTED.

BLACK PRIDE:

  • 12 applications on file
  • 1 trademark has been granted for "Black Pride Bottled Water"

EL SALVADORAN PRIDE:

  • 1 application on file, cancelled or withdrawn by applicant.

LONG BEACH LESBIAN GAY PRIDE:

  • 1 application, abandoned by applicant.

SPANISH PRIDE:

  • 7 applications on file, 1 still pending
  • 1 trademark GRANTED as the Spanish phrase "EL ORGULLO DE SU OLLA", which translates into English as "THE PRIDE OF YOUR POT." (pertains to food products)

NICARAGUAN PRIDE:

  • 1 application on file; pertaining to cigars. Trademark GRANTED. 

USPTO denies appeal:

          In February 2005, the USPTO issued their "FINAL OFFICE ACTION." It was again prepared by Barbara Rutland. The USPTO upheld its original denial, explaining:

USPTO Double-Speak:

"...prior decisions and actions of other trademark examining attorneys in registering different marks are without evidentiary value [emphasis added] and are not binding upon the Office."

/s/ by Barbara Rutland, USPTO Examining Attorney

          In plain English, the USPTO was saying that their own records cannot be used against it. Imagine a taxpayer being audited by the IRS. Could he sit back and say, "Go ahead, audit me, but you can't use my records against me"?

          I lost my $1,300 non-refundable trademark application fee.

ACLU denies assistance and adds insult:

          My next step was to seek outside help from the Minnesota branch of the American Civil Liberties Union (ACLU).

          I sent a brief letter to the ACLU-MN summarizing my case and asking if they were interested. They initially said they were willing to review the case, so I sent them pages of documentation. I thought I might have a chance since the ACLU prides itself on defending the rights of the little guy. I am white, male, heterosexual, married, employed, native born, English speaking, Christian-valued, have no criminal record, and am a retired law enforcement officer. I could be the perfect "token" case outside their mainstream clientele, or at least I thought so.

          In March 2005, the ACLU not only turned my case down but took the opportunity to slam white people and Christians. Renee Hamilton, legal assistant for the ACLU-MN, wrote:

ACLU agrees "White Pride" is "offensive":

"Thus, when the PTO examined Moritz's mark, their rejection of his mark was reasonable given that such a slogan has just but one meaning, i.e., superiority of what he term[s] (sic) 'the [w]hite race' over all other races and their brand of Christianity over the other religions."

/s/ by Renee Hamilton, legal assistant for ACLU-MN

          The ACLU was fully aware of all the other "pride" trademarks I had listed in my documents. If a "pride" trademark had been turned down for any group of people, other than whites, the ACLU would be in court screaming "Discrimination by the United States Government!"

Center for Individual Rights (CIR) provides assistance:

          My next step was to seek help from the Center for Individual Rights. They are the conservative response to the ACLU. They are political opposites but much smaller than the ACLU. I corresponded with the CIR through mail, email, and telephone conversations. In June 2005, the CIR politely and professionally declined my request for help, but because of monetary, not ideological considerations.

          The CIR did help by putting my case on the Federalist website, a conservative site where attorneys can take pro bono cases. As of August 2005, I had not received any responses.

You can help:

[Justin J. Moritz continues]:  The First Amendment of the United States Constitution guarantees the right of the people to "petition the government for a redress of grievances." If you disagree with the decision of the USPTO in my case, please petition the government.

[Mr. Moritz suggests]:

1. Send an email to the Commissioner of Trademarks:

lynne.beresford@uspto.gov

2. Send a letter to:

Lynne Beresford, Commissioner of Trademarks
United States Patent and Trademark Office
P. O. 1451
Alexandria, VA 22313—1451

3. Send copies of this article to other people by email or mail

About the Author:

          Justin J. Moritz is my real name.   I am a retired law enforcement officer and have served as a city police officer, a county deputy, a state special agent, and a training director.  I hold Associate, Bachelor's, and Master's degrees from three Minnesota colleges.


Have Some FUN at the
U.S. Patents and Trademarks Office
Web Site!

          The USPTO assigned the following serial number to Justin J. Moritz's trademark application for "white pride country wide":  78368298.  Write this number down.

          Then, go to the U.S. Patents and Trademarks Office web site and examine their response to Justin Moritz's application.   Click on the following link:

http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=78368298&action=Request+Status
(LAST KNOWN LINK.  Opens new browser window)

          Also, you can go to the U.S. Patents and Trademarks Office web site to search for other "approved" trademarks.  Click the following link:

http://www.uspto.gov/
(LAST KNOWN LINK.  Opens new browser window)


END Case 45:
"White Pride is Offensive" According to the U.S. Patents and Trademarks office.

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*  We use the term reverse discrimination reluctantly and only because it is so widely understood.  In our opinion there really is only one kind of discrimination.