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HomeMy WebLinkAboutResolution 3409-09-2006A Resolution NO 3409-09-2006 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 Herd & Design Service Mark WHEREAS, the Ctty of Fort Worth periodically requires legal advice regarding the copyrtghhng and federal registration of creations and work products of the Crty• WHEREAS, there is a specific need to protect the City's interest in the federal trademark regtstratton of the Fort Worth Herd & Design Mark, and WHEREAS, the law firm of Whitaker Chalk, Swindle & Sawyer L.L.P has expertise to the field of copyright law NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH. 1 That the engagement of Charles Gunter with the law firm of Whitaker Chalk, Swindle & Sawyer L.L.P as outside legal counsel be confirmed pursuant to Chapter VI, Section 3 of the City Charter to order to provide legal consultation to the Ctty Attorney's Office concerning the federal trademark registration of the Fort Worth Herd & Design Mark. 2 That the City be authorized to compensate Whitaker Chalk, Swindle & Sawyer L.L.P in an am unt''not;--to- exceed $1 000 ,~"~'-~,~"~``~ APPROVED ~~,/` _~,~`~`~~ CITY COUP~CII. ed this 12th day September____ 2006 SEP 1 2 2006 4 ~ NJ ~ ~ e Ci ~ '~~" ~/_`!, Wo thf Texas of Fort Ci p C!T!t ~>P Fill!'!' WO»'1'U Resolution No 3449-09-2006 Int. Cl.. 35 Prior U.S. Cls.. 200, 101, and 102 Reg. No. 2,4fl4,8fl8 United States Patent and Trademark Uffice Regiscered Nov. ~a, 2000 SERVICE MARK PRIIVCIPAL REGISTER eoar WoaTg Rsao CITY OF FORT WORTH. IHE (INCAS HOM&RUtS NO CLAIM IS MADH 'I'O r1H& BXCLUSIVB RI(iEiT' MUNICIPAL CORPORATION) TO USE 'FORT WORTH" APART FROM THH ]000 THROCKMORT'ON SIRHET' MARIC AS SHOWN. FORT WORTH, TX 76102 THH D>;SI(3N CONSISTS OF A FANCIFUL. RSP- RESENTATiON OF A CATTLE BRAND COM- FORT PROMOTING T}]E ECONOMIC DBVHLOP- PRISIIJO ~~ LE7T'8R ,W,~ IAt COMBINATION MFJVT IN FORT WORTH OF TOURISM, CULTURE, ~~ A BACKWARDS F" ANA CRAFTS, IN CLASS 3S (CI..S.. CLS.. 100, t01 SN 7537,100, FII.ED 2-]f}-1999 AND 102) FIRSI USB Ca-X7994; IN COMMII2CE fr-0-1499 AMY GEAWN, B7CAirID~T>r10 A'T'['ORNBl' City of Fort Worth, Texes Mayor and Council Communication COUNCIL ACTION Approved on 9/12/2006 Resolution No 3409-09-2006 DATE. Tuesday September 12 2006 LOG NAME 12HERD&DESIGN REFERENCE NO **G-15388 RECOMMENDATION 1t 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 Herd & 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 $1 000 DISCUSSION The City of Fort Worth retained the services of Charles Gunter to register the mark of the Fort Worth Herd logo and design as shown in Attachment A which registration was received on November 14 2000 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 November 14 2006 The symbol remains to be used by the City for the identification of the Fort Worth Herd for promoting economic development in Fort Worth tourism culture and crafts. The Parks and Community Services Department recommends the continued registration of the service mark. FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that funds are available in the current operating budget, as appropriated of the Bed Tax and Culture and Tourism Fund TO Fund/AccountlCenters FROM FundOAccount/Centers GG01 539120 0240700 1 000.00 Submitted for City Manager's Office by. Christa Lopez (8984) Originating Department Head. David Yett (7623) Additional Information Contact: Harold Pitchford (871-5728) Logname 12HERDTuesday September 12, 2006ESIGN Page 1 of 1