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July 25, 2012     Spirit of Jefferson Farmers Advocate
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SbqALL J LJNN E~I ? W C07~:) SHtg.L.i ON t ' AI t.:' ki. K ~:i.~ NA AND FA RM .e J 19" Long.range vision An eighth-grade Career Day, meeting with an optometrist was :all Dr. Barbara Pittaras needed to settle on a career in eye care. AIO It was worth It An appearance on PBS's "An- tiques Roadshow" was a hit with Kearneysville residents, Forrest and Mildred Hammond, who had a tough time deciding what to have appraised. . Match made in Washington High wrestler Crys- tal DeVaughn is finding freestyle wrestling a good fit for her at " Northwest Kansas Technical College. BIO Hannah McCarley will go to Charlotte, N.C to serve as a delegate to the Democratic National Convention. , 17-year-old Hannah McCarley will turn 18 at the National Convention in September MARIA PISCIO'rrA Spirit Staff "I look at an issue and ask myself how it is going to affect CHARLES TOWN -- West others. I like getting different Virginia Democrat Gov. Earl reactions on issues," she said. "I Ray Tomblin won't be attending like to be well-informed in order the Democratic Party's National to back up my beliefs." Convention in Charlotte, N.C McCarley carries a GPA of in September. Neither will U.S. 4.25, is interested in psychology Sen. Joe Manchin. and likes working with children. But Washington High School She said she remains un- senior Hannah McCarley will committed about pursuing a be taking a week off of school to career in politics. attend. "I don't know about running And she'll celebrate her 18th for office. I'll see where my roads birthday. " take me. Right now I'm looking "The fact that she's turning 18at colleges to attend," she said. on the first day of the convention In the meantime McCarley said means she will be the youngest she would be working with local delegate in Charlotte in 2012," candidates to get youth involved said Rod Snyder, president of in voting. -- the national Young Democrats of Manchin's office said he America and a Jefferson County intends to spend this fall focused resident. "When the delegates on the people of West Virginia. cast their votes, she will be one "Whether that's representing of those votes." them in my official U.S. Senate McCarley said her parents will duties or here at home, where I be going with her can hear about their concerns and "I'm looking forward to seeing ideas .to solve the problems of the process firsthand," McCarley thisgreat nation," Manchin said. said. "(Politics) has been a large "I will remain focused on part of my life. My Dad is very bringing people together for the |d~ivedin politics." " next generation, not the next The convention will run from election." Sept. 3 to Sept. 6. The governor's office offered McCarley said she looks at no comment about Tomblin's matters differently than most. decision not to attend. , to rule soon % on Shirley trial delay BRYAN CLARK Spirit Staff MARTINSBURG - Federal Judge John Preston Bailey is ex- pected to rule soon on a motion filed by Sheriff Robert "Bobby" Shirley that would de- lay his tri- al, currently set to take place in two weeks, until the spring of next year. Shirley is Robert Shirley c h a r g e d with one count of deprivation of rights under colorof law and one count of destruction, alteration of fal- sification or official records in a federal investigation for alleged- ly beating Mark Daniel Haines, who is imprisoned for bank rob- bery, and altering a use of force report to cover it up. If con- victed on both counts, he could. face up to 30 years in prison and $500,000 in fines. In his motion, Shirley's lead defense counsel Kevin'Mills said three of four disks contain- ing digital copies of evidence to be used against him at trial were blank when they were provided to the defense team. He argued that lawyers and investigators need time to analyze each piece of evidence in order to develop See SHIRLEY Page A2 Commission to appeal violation of Sunshine Law BRYAN CLARK The ruling followed the Plan- Spirit Staff ning Commission's decision to accept a settlement in its Ie- CHARLES TOWN - The gel dispute with the developers Planning Commission has filed of Far Away Farms, a proposed a notice of appeal in the re- 122-acre subdivision near Shep- cent ruling by Jefferson Coun- herdstown that has been the sub- ty Circuit Judge David Sanders, ject of controversy among some which found that it had violated adjoining land owners who want the Open Government Proceed- to see the site of the onetime Os- ings Act, according to statements born Farm on which the develop- made by Assistant Prosecuting ment is proposed preserved as a Attorney Stephanie Grove at battlefield site. last week's County Commission meeting. See APPEAL Page A2 BRYAN CLARK Spirit Staff SHEPHERDSTOWN - When Garth Janssen, the proprietor of Lost Dog Coffee, received a cease and desist letter from the Driscoll and Seltzer law firm last week, he was dumbstruck. "My initial reaction was shock," Jans- sen said. "'Whoa. This can't really be real. What's next?'" When Janssen started reading further, he felt like the demands were very ominous. "I thought, 'This is scary. I've worked really hard for the business,'" Janssen said. "It is my sole income for my two boys and my- self. We have four employees, two of which are very dependent on the income here for their life." Cease and desist The letter makes two demands of Janssen and threatens a lawsuit if the demands are not met. The first: Janssen must give up all use of the phrase "Lost Dog" in relation to his coffee shop or any other food service es- tablishment, as well as any merchandise re- lated to those establishments. The second: Janssen must turn over ownership of his do- main name - www.lostdogcoffee.com - to the Lost Dog Caf6, a small chain of restau- rants with two locations in Arlington, Va. and one in McLean, Va Janssen said he immediately called Rich- ard Driscoll, .the lawyer representing the Lost Dog Caf6, who had sent him the threat- ening letter. "I explained to him that we are not a res- taurant, that we are not in conflict with beer, pizza and burgers, which is what they do. We are a very focused coffee and tea house," Janssen said, "We serve cookies and muf- fins. That is the extent of our food. We have some bagels, we don't cook anything on- site. We don't even have a toaster." He says Driscoll took a hard line. "He gave me the dates mapping out how I am supposed to divest myself of use of the words 'Lost Dog' by Sept. 15, or appropriate legal action will be taken," Janssen said. BRYAN CLARK Garth Janssen, the proprietor of Lost Dog Coffee, a Shepherdstown coffee and tea house, r, ecently re- ceived a cease and desist letter directing him to stop using the phrase "lost dog" in relation to his busi- ness and to turn over his website to Arlington-based Lost Dog Cafe. The cease and desist letter spells out the come here. I've gone to their restaurant. possible consequences of such legal action: We've laughed about it." a legal injunction to force the name change, The Lost Dog Caf6 is older than Lost Dog monetary damages, the requirement to re- Coffee, having been in business for 27 years, pay potential lost profits, and destruction or but Janssen wonders why the threat of le- confiscation Of products and labels infring- gal action was postponed for so many years ing on the trademark. If it is found that the if the owners were truly concerned that the infringement is intentional, then attorney's similar names were hurting theirbusiness. fees and "treble damages" - that is, dam- This is the second trademark dispute in- ages equal triple the amount a court deter- volving a Shepherdstown small business in mines is owed - could also fall upon Lost as many years. Last year Mellow Moods Dog Coffee, according to the letter. Caf6 was told to change its name by the es- 'Bullying' rate of famed reggae musician Bob Marley Janssen said he was shocked that the Lost when the newly-established Marley Bev- Dog Caf6 would suddenly threaten legal ac- erage Company was preparing to release tion over trademark issues He says both a line of canned teas called Marley's Mel- businesses have been aware of each other low Mood. The Marley estate ultimate- for years without any conflict, ly dropped the matter after Mellow Moods Lost Dog Coffee has been in business un- fought back. der that name for over 16 years, said Jans- Janssen said the letter is particularly sen, and "they've know about us and we've threatening because the prospect of litigat- known about them for, I would say, the vast majority of that time. Their employees have See TRADEMARK Page A2 II I I I II Insiders point to ousted president Charles H. Polk's leadership style. A6 INDEX Editorial A6 Obituaries A9 Life B 1 Classifieds B5 Legals B6-8 Sports B9-12 JAMES MUTCHLER of Charles Town Thank you for subscribing 2012 The Jefferson Publishing Co. Inc. Published weekly in Charles Town, W.Va. Established 1844 llll]!!!!l!l!![lll~ 11I' II II l II