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The Legal Status of the Newport Neighborhood Association

 
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PostPosted: Sat May 24, 2008 7:47 am    Post subject: The Legal Status of the Newport Neighborhood Association Reply with quote

Posted by Sonia on NewportVoice:


The Legal status of the Newport Neighborhood Association

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We understand Robert Viven is claiming to the community that he has ownership rights to the name Newport Neighborhood Association, but thus far, he has failed to establish his claim in any court of law, and, AT OUR REQUEST, the issue is currently under investigation by the state of New Jersey. The name was reserved in February 2007 by us, and subsequently incorporated with the state of New Jersey in March 2007. So far, that is the earliest documentation formalizing the name.

Several months ago, Monica Coe appeared at a legal proceeding initiated by Robert Vivien, but she failed to establish Robert's claim to her prior ownership of the name. It's understood, Monica at one time was part of a group by the name of the Waterfront Association, but apparently, she has no formalized documents, substantiating a claim to the name Newport Neighborhood Association.

In any event, in May 07, Robert Vivien, who at the time knew, we had incorporated the name, proceeded to register a state service mark, despite his knowledge that ownership of the name had been given to me by the state of New Jersey. According to our attorneys, registering a service mark under these circumstances is legally considered FRAUD.

At this point our lawyers have raised several questions with the state of New Jersey, which must be investigated by the state prior to our commencing litigation. So far, the state has informed us that we own the corporate name, and Robert Vivien may not use it for any purpose whatsoever.

As for Vivien's appearance before any city agencies, he may do so, AS AN INDIVIDUAL RESIDENT, but he does not represent the Newport community. Vivien, and his group, will eventually get their day in court, as we are most interested in getting this matter properly adjudicated, and having the court address Vivien's fradulent behavior in May 2007. At this point, a review of the record clearly establishes that Vivien's service mark is a sham.

We understand anyone promoting or advertising themselves or their business under our name without our permission can be sued for treble damages. This includes promotion or advertising on a web site, or on the internet, on flyers, the newspapers, or any other media.
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