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HomeMy WebLinkAboutResolution 3326-03-2006A Resolution NO 3326-03-2006 A Resolution for the Employment of Charles Gunter with the law firm of Whitaker, Chalk, Swindle and Sawyer, L L P as Outside Legal Counsel Concerning the Federal Trademark Registration of the Fort Worth & Design Service Mark WHEREAS, the City of Fort Worth periodically requires legal advice regarding the copyrighting and federal registration of creations and work products of the City• WHEREAS, there is a specific need to protect the City's interest in the federal trademark registration of the Fort Worth & Design Mark; and WHEREAS, the law firm of Whitaker Chalk, Swindle & Sawyer L.L.P has expertise in the field of copyright law NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH. That the engagement of Charles Gunter with the law firm of Whitaker Chalk, Swindle & Sawyer L.L.P as outstde legal counsel be confirmed pursuant to Chapter VI, Section 3 of the City Charter m order to provide legal consultation to the City Attorney's Office concerning the federal trademark registration of the Fort Worth & Design Mark. 2. That the City be authorized to compensate Whitaker Chalk, Swindle & Sawyer, L.L.P in an~amount not -to- exceed $1,500 APPROVED -~~~ CITY CQUI~CIL ~ ~ 28th„day~of ___Mar__ ____ 2006 MAR 2 g 2006 A ~~^'~ ~ ~a. ~ ~ ~/~ 1 ~ ~~~A.~- T ,,r ~ •+ ~r~"',,,~'°~ City Secretary of the City of Fort Worth, Texas r, c>rsY ~>r~ >rralae~r wo~lleil~ No_^ ` 3326-~~~-2-0©(~ ~' ~, -_ -~, trhw~~tA ~~~ Int, Cl.. 42 pejo~° a.S. ~".is.. 100 and 101 Reg. No. 2,338,112 L~Jnited States Patent and Trademark Office Registered Apr 4, Zooo SERVICE MARK PRINCIPAL REGISTER Fo~TWo~TH ____ ,_ _.._ f 1 i i i ;aT.` Cl? OR"1° WORTH (TEXAS HOME RULE MUNICIP::I. CORPORATION) 1000 'I'HROCKMORTON FORT WORTH, TX 76102 FOR: MUNICIPAL SERVICES, NAMELY FIRE, POLICE AND CITY ADMINISTRATIVE SERVICES, IN CLASS 42 (U.S. CLS. 100 AND 101). FIRST USE 9-1-1996; IN COMivIERCE 9-I-1996. NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE 'FORT WORTH" APART FROM THE MARK AS SHOWN. SER. NO. 75-650,394, FILED 2-26-1999 WILLIAM JACKSON, EXAMINING ATTOR NEY City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 3/28/2006 Resolution No 3326-03-2006 DATE Tuesday March 28 2006 LOG NAME 02FORTWORTH&DES REFERENCE NO **G-15130 SUBJECT Adopt Resolution to Authorize Retaining Charles Gunter with the Law Firm of Whitaker Chalk, Swindle and Sawyer L.L P as Outside Counsel to Provide Legal Consultation Concerning the Federal Trademark Registration of the Fort Worth & Design Service Mark _. RECOMMENDATION It is recommended that the City Council 1 Authorize the City Manager to retain Charles Gunter with the law firm of Whitaker Chalk, Swindle and Sawyer L.L.P as outside counsel pursuant to Chapter VI Section 3 of the City Charter in order to provide legal consultation to the City Attorney's Office concerning the federal trademark registration of the Fort Worth & Design Service Mark, and 2 Adopt the attached resolution designating in advance as far as practicable that the amount to be paid to Whitaker Chalk, Swindle and Sawyer will not exceed $1 500 DISCUSSION In the mid to late nineties the City of Fort Worth retained the services of Charles Gunter to register the mark of the Fort Worth logo and design as a star with underlining or striations as shown in Attachment A. Between the fifth and sixth year after the date of when a registration mark is issued a Declaration of Use must be filed in the U S Patent and Trademark Office to maintain registration if the mark is in use at the time This Declaration is due April 4 2006 Since the date of registration the City has also registered and uses the 'Molly the steer" symbol However because the Fort Worth and star symbol remains to be used by the City for the identification of municipal services, namely fire police and city administrative services the City should retain the registration of the star mark as well FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that funds are available in the current operating budget, as appropriated of the City Manager's Fund TO Fund/Account/Centers FROM Fund/Account/Centers GG01 539120 0025000 1 500.00 Submitted for City Manager's Office bv: Originating Department Head. Additional Information Contact. Richard Zavala (Acting) (6222) Eileen Houston Stewart (6415) Christa Lopez (8984) Logname 02FORTWORTHFriday May OS 2006ES Page 1 of 1