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Spirit of Jefferson Farmers Advocate
Charles Town, West Virginia
July 25, 2012     Spirit of Jefferson Farmers Advocate
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July 25, 2012

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Wednesday, July 25, 2012 News Dpirit of JEFFERSON and FARMER'S ADVOCATE Established 1844 F V of .!E FIq~ R~SON "No government ought to be without censors and where the press is free, no one ever will." -- Thomas Jefferson 'PUBLISHED EACH WEDNESDAY BY The Jefferson Publishing Co. Inc. PUBLISHER Craig See MANAGING EDITOR Robert Snyder editor @ EDITORIAL STAFF Bryan Clark, Reporter bryan @ Robert Smith, Copy Editor/Reporter news@ Christine Miller Ford, Life & Business Editor christine Bob Madison, Sports Editor sports@ BUSINESS STAFF Jennifer See, Cara Young officemanager@ i ADVERTISING DEPARTMENT Karen Bowers Advertising Manager ads@ GRAPHICS STAFF Kim Schell " Sharon Snyder sharon Rachel Painter-Fields CIRCULATION STAFF Robed Smith ONLINE STAFF Rachel Painter-Fields CONTACTING US orate:. 210 N. George St Charles Town, W.Va. Mailing address: P.O. Box 966, Charles Town, WV 25414 Phone: 304-725-2046 * Fax: 304-728-6856 E-mail: editor ABOUT DELIVERY (USPS 510-960) Periodical postage paid at Charles Town, W.Va and additional post offices. POSTMASTER: Send Address Changes to The Spirit of Jefferson, ,P.O. Box 966, Charles Towff, WV 25414 SUBSCRIPTION RATES: Yearly in Advance: $27 in West Virginia and $29.50 outside the state. e-edition coming soon Trademark FROM PAGEA1 ing a trademark dispute in court would lead to legal fees he could ill afford. "If I was to be sued for some- thing like this and be required to hire legal counsel, that would rock my ship to the point where it would definitely put my business at serious risk," he said, adding that the alternative - giving in to the letter's demands - could also put his business at serious risk. "It would put my business at risk if I would have to change my name" Janssen said. "That would alter the perception of my business. If I lost my web do- main, people would not be able to find me. [wouldn't be able to BRYAN CLARK Many of Lost Dog Coffee's long-time customers were up in arms when they business or anything like that." "That's just the way it is legal- ly worded, and it is not going to happen" he said. Both Underwood and MeAl- wee, who were on Vacation in Yellowstone during the time the letter was sent, said they have not even seen the letter that was sent out 'in their name. McAlwee said they essential- ly want Janssen to sign an agree- ment saying that he will not, for example, expand his business to begin selling pizza and sand- wiches. "We just have to make sure that he's not going to start sell- ing pizza. That is how we framed~ it when we went to the lawyer," McAlwee said. "I didn't real- ize that it was to this magnitude. What I thought that it was going to say was: 'Ok. He can be Lost Appeal FROM PAGE A1 As part of the deal with the de- veloper, the planning commis- sion approved the re-issue of a three-year conditional use permit for the project and allow a com- pleted impact statement serve as a concept plan. In turn, the devel- oper, Faraway Farms LLC agreed to proceed under the terms of the county's new subdivision regula- tions. Sanders ruled that the Plan- ning Commission "violated both the letter and the spirit of the Open Government Proceedings Act" when it accepted the deal because the possibility of vot- ing for a settlement was not on the agenda posted for the meet: ing and its terms were not pub: lished until months after the deal sell coffee and tea online like I do now." Janssen said he thinks this dou- ble bind is being used by the Lost Dog Caf6's lawyer to "bully" his company into submitting. "It would be very, very expen- sive for me, and they figure that I am just going,to be intimidat- ed," Janssen said. "The lawyer told me, 'You know, you might just want to consider changing the name. You really don't need the hassle or the financial burden of this.'" Public response After Janssen got the letter, he posted the news on Facebook, where it spread like wildfire. In short time, a longtime custom- er had creaSed a website called "The Campaign to Protect Lost Dog Coffee" -www.lostdog-" and a related online petition on the web- site. As of Tuesday afternoon, the petition had over 750 signa- tures. "People relate to Lost Dog Coffee now in ~ way that is above and beyond just a coffee shop. They see it as a marker, a representation of what Shep- herdstown truly is," Janssen said. Many of Janssen's customers also began to make their feel- heard about the cease and desist letter. One created a website dedicated to defending Lost Dog Coffee together with a petition on which quickly garnered'hundreds of signatures. ings known on the Lost Dog Ca- misconceptions as stories of the f6's website and Facebook page, trademark dispute propagated posting numerous complaints across social media. and vowing not to patronize their "Everything has been over- business until the cease and desist blown on this. If you know me letter was withdrawn. The Wash- and Pam, we are not going "to ingtonian published an online ar- make (Janssen) do anything. This ticle on the dispute Monday, and whole story has been blown way on there many commenters who out of proportion"' Underwood claimed to be regular customers said in a telephone interview. of the caf6 also sided with Lost "I keep getting 'these emails - Dog Coffee. like, hate mail from West Virgin- "I'm not orchestrating this. Peo- ia," McAlwee said. "We feel like pie who are responding to my ini- we're being found guilty before tial, I think calm, Facebook post, people have heard the other side are taking their own initiative to of the story." do what they think is right. They Underwood and McAlwee were are emailing and writing letters shocked to find their small chain to the law firm, and they're drop- of caf6s portrayed as a large cor- ping comments on the Facebook poration picking on a small busi- page," Janssen said. ness. "I don't think the .business "We are a small business too. owner realizes the capacity of the We started off 27 years ago work- Shepherdstown community, and ing 14 hour days seven days a what this business means to folks, week. We still work a lot" MeAl- There are a lot of folks that are re- wee said. ally passionate about Lost Dog "We are not a big corporation," Coffee." Underwood said. "We have sold two franchises to people who used 'Blown out of proportion' to work for us. We have this name Ross Underwood and Pam that is protected, and we have to McAlwee, the co-owners of the have some legal work done on it, Lost Dog Caf6, said that the pub- but it isn't to the point that this lic had developed a number of guy is going to have to stop doing Shirley FROM PAGE A1 an adequate defense. He fur- ther points out that the pros- ecution built its case over the course of an 18-month investi- gation, and argued that Shirley needs a comparable amount of time in which to build a de- fense. The disks include photo- graphs, videos, documents and radio transmissions. Mills said prosecutors have since provided valid copies. Mills says he has contacted as- sistant U.S. Attorney Paid Cami- letti, the lead prosecutor, and that Camiletti agreed that next spring would be a fair time for the jury trial to begin. Judges often grant motions for continuance filed by defendants because the Sixth Amendment right to a speedy trial is theirs, not the state's. When defendants waive that right, as Shirley has; in order to obtain more time to build a defense strategy, judg- es will often allow the trial date BEAT THE HEAT! Vacation At Home Pools - Pools - Pools Only *79700 19 x 31 x 4 Includes:. Deck, Ladder, Filter & Fencing FREE SHOP AT ROME SERVICE Price, Product, Warranty & Service We Can't Be Beat Guaranteed! July 20- 26, 2012 ict AGe occnwa, DPJFr (PG) I Dog Coffee, but he can't one day start selling pizza and sand- wiches and be Lost Dog Coffee and Cafe." McAlwee said she thought Janssen was reacting to the let- ter unreasonably and said she thought the entire dispute could be worked out if both sides would sit down and talk the is- sue out. "I feel as if h is aggressive and not acting as a small business but attacking without talking ~o us, but so be it. I have tried to con- tact him" McAlwee said in a text message. "I don't think a war is necessary. We are looking for a reasonable solution. Details will have to be worked out and agreed upon among the three small busi- ness owners involved,' Janssen said the owners of Lost Dog Caf6 are "clearly re- sponsible" for their lawyer's threats, which, in clear terms, demand that he immediately turn over his domain name and stop using the phrase "lost dog." Lawyers he has talked to ad- vised him against speaking di- rectly to Underwood and MeAl- wee at this point because of the legal actions threatened in the cease and desist letter, he said. He notes that the letter states that copies were sent to both Underwood and McAlwee. to be pushed farther down the . road - though not always as far as defendants want. had been accepted. "* Grove said the Planning Coria: mission will appeal the decision because of worries that Sanders' interpretation of the law would seriously hamper the ability of the prosecuting attorney's office to give timely legal advice to tbe public bodies it represents. "*0.7", "The problem that we s ay~ with the order is the agenda re'-, quirement that there be some specific notice as to what you'i'e; going to discuss in executive set, said. "In this part~:~ sion," Grove ular instance, the Planning Comz. mission received an offer the d*i f: of the meeting. The offer was g~ ing to expire. (Counsel) couldil'~i: wait another month to discuss '~ with the Planning Commissi~: There was a legal advice and u~i date. We went in and discussed: whether the Planning CommisLi sion should settle that." "I feel like this order impose~: conditions that are beyond ~} Open Government Proceedinl~,~ Act and beyond what even the case law requires," Grove told L county commissioners during;~, recent meeting. "I feel like it will7 - impair our ability to adequately " represent you and still comply- with our ethical duties to timel# present offers and timely present " " legal advice." "We feel like it conflicts with our ethical obligations to timel~: present valid offers to our client.:: I don't always have time to pu~ on the agenda, even if you weekly." [] COMMUNITY AND TECHNICAL COLLEGE Relocating to: 13650 Apple Harvest Drive Martinsburg WV 25403 pen ic! Redefining Blue Ridge CTC "4 !! I a 'I m