[volunteers] Unincorporated associations owning property

Rick Moen rick at linuxmafia.com
Thu Jan 3 23:07:11 PST 2008


Quoting Alvin Oga (alvin at mail.Linux-Consulting.com):

> if its important to svlug, i'd suggest the "svlug community" be made
> aware of the issues and take legal issues to licensed lawyers ..
> presumably in california since that's where the primary core is

The reason I pointed to the specific WSFS example, instead if discussing
law in other ways (which I could have done) is that it's completely
incontrovertible -- not arguable, and (easily) objectively verified.

So:  The assertion has been made to SVLUG, over and over, that
unincorporated associations cannot own property.  That assertion is now
known to be demonstrably wrong -- information courtesy of the US Patent
and Trademark Office, US Department of Commerce.  End of story.


> having things registered by non-existent entities does not always means 
> its enforceable... 

A brief check, Alvin, would have told you that the WSFS Mark Protection
Committee has been enforcing WSFS's trademarks, very successfully, for
decades.  (And you're quite wrong, anyway:  A registered trademark is
_specifically_ declared enforceable by statute, per 17 U.S.C. sections 
1114, 1116, 1117, 1118, 1120, and 1125.)

Again, this is incontrovertible.  Sorry.

> i would argue:

Go ahead, but please leave me out:  I think my point speaks for itself.




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