HomeMy WebLinkAboutResolution 3996-06-2011A Resolution
NO. 3996 -06 -2011
Authorizing Employment of Charles Gunter with the law firm of Whitaker, Chalk, Swindle and
Sawyer, L.L.P. as Outside Legal Council concerning the Federal Trademark Registration of the
Fort Worth Herd and Design Service Mark
WHEREAS, on September 12, 2006 (M &C G- 15388), , the City Council authorized the
retention of Charles Gunter with the law firm of Whitaker, Chalk, Swindle and Sawyer, L.L.P. as
outside legal council concerning the federal trademark registration of the Fort Worth Herd and Design
logo;
WHEREAS, the City of Fort Worth periodically requires legal advice regarding the
copyrighting and federal registration of creations and work products of the City of Fort Worth;
WHEREAS, there is a specific need to protect the City's interest in the federal trademark
registration of the Fort Worth Herd and Design Mark; and
WHEREAS, Charles Gunter with the law firm of Whitaker, Chalk, Swindle and Sawyer, L.L.P.
has special competency in the areas of law related to these issues and has agreed to assist the City;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
I.
That pursuant to Chapter VI. Section 3, of the City Charter, Charles Gunter, with the law firm of
Whitaker, Chalk, Swindle & Sawyer, L.L.P. is hereby employed to provide legal services to the City
Attorney's Office concerning the federal trademark registration of the Fort Worth Herd and Design
Mark.
II.
That, as far as practicable, the City be authorized to compensate Whitaker, Chalk, Swindle & Sawyer,
L.L.P. in an amount not to exceed $3,500.00
ORT WORT
119
3996 -06 -2011
Adopted this 14th day of June 2011.
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Marty Hendrix, City Secretary
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APPROVED
CITY COUNCIL
JUN 14 2011
City Secretary of the
City of Fort Worth. Texas
City of Fort Worth, Texas
Mayor and Council Communication
x COUNCIL ACTION: Approved on 6/14/20 ,' -06 2Q11
DATE: Tuesday, June 14, 2011 REFERENCE NO.: * *G -17298
LOG NAME: 12HERDANDDESIGN 2011
SUBJECT:
Adopt Resolution to Retain 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 Herd and Design Service Mark Pursuant to the City Charter and as Far as Practicable,
the Amount to Be Paid will Not Exceed $3,500.00
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt a Resolution 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 and Design Service Mark; and
2. Designate in advance, as far as practicable, that the amount to be paid to Whitaker, Chalk, Swindle and
Sawyer, L.L.P., will not exceed $3,500.00.
DISCUSSION:
The City of Fort Worth retained the services of Charles Gunter to register the mark of the Fort Worth Herd
and Design logo 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. However, prior to this renewal, the City actually had two images filed. The City has made a new
application for the correct symbol and a request to cease use of the incorrect image. The symbol is used
by the City and the Convention and Visitors Bureau (CVB). By contract with the CVB, the City retains
ownership of the logo and the responsibility to maintain the trademark for the identification of the Fort
Worth Herd for promoting economic development in Fort Worth tourism, culture and crafts.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Culture and Tourism Fund.
FUND CENTERS:
TO Fund /Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund /Account/Centers
GG04 539120 0241001 $3.500.00
Christa Reynolds (8984)
Sarah Fullenwider (7606)
Kirk Slaughter (2501)
Logname: 12HERDANDDESIGN 2011 Page I of 1
Int. Cl.: 35
Prior U.S. Cls.: 100, 101, and 102 Reg. No. 2,404,808
United States Patent and Trademark Office Registered Nov. 14, 2000
SERVICE MARK
PRINCIPAL REGISTER
FORT WORTH Hfi &D
CITY OF FORI WORTH, IHE (TEXAS HOME-RULE NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT'
MUNICIPAL CORPORATION) TO USE "FORT WORTH ", APART FROM THE
1000 THROCKMORTON STREET MARK AS SHOWN.
FORT WORTH, TX 76102 THE DESIGN CONSISTS OF A FANCIFUL, REP-
RESENTATION OF A CATTLE BRAND COM-
FOR PROMOTING THE ECONOMIC D13VELOP- PRISING' THE LETTER "W" IN COMBINATION
MENT IN FORT WORTH OF TOURISM, CULTURE, W►lyT A BACKWARDS "F "..
AND CRAFTS, IN CLASS 35 (U.S. CLS. 100, 101 SN 75- 637,100, FILED 2 -10 -1949
AND 102)
FIRST USE 6-0-1999; IN COMMERCE &-0-1999 AMY GEARIN, EXAMINING ATTORNEY