Free SpeechScam Flag
From: Publisher
cc: NAAS Subscribers/Users
Bcc: Domestic and International Affiliates
Reply to:NAAS EAS/N2 Form GEC 002

Subject: -- Alleged Imposters;
Statement of Non-Affiliation by N.A.A.S.
Reporting location: South Jordan, UT cc: Commissioner for Trademarks P.O. Box 1451 Alexandria , VA 22313-1451 ---------------------------- Mail Stop Assignment Recordation Services Director of the United States Patent and Trademark Office P. O. Box 1450 Alexandria VA 22313-1450

NEWS, Commentary & Analysis

Introduction
This Media Report contains information that we believe may be of general and public interest. It should be read only by persons truly interested in the contents therein.

The objective of this report is to educate potential clients of NAAS products and services about potentially confusing, misleading, and deceptive names and marks that may be identical to and/or bear resemblance to intellectual property that is traditionally associated with National Academy American Scholars. In publishing this report, we comment upon a matter of concern as relates to NAAS intellectual property and intellectual copyrighted matter. Therefore, this report also deals with the appearance of groups, persons, companies, entities, and others that appear to be seeking to use the prestige, honor, dignity, and respect associated with "National Academy of American Scholars", to their economic advantage.

All of the marks associated with National Academy of American Scholars, i.e., NAAS, N.A.A.S., Scholarship Watch, Hall of Scholars, and our world-wide famous logo, are registered marks with the United States Patent and/or U.S. Trademark office. NAAS marks appear on all official National Academy of American Scholars literature and publications as relates to the NAAS products and services.

This Media Report was originally published in 1996, as the popularity of NAAS programs grew. The information in this report is typically updated on an 'AS NEEDED' basis when a new potential offender, suspect, or potential criminal is discovered.

Desperate Saga of Office Anyware, a Utah-based company.
Does Microsoft Cooperation intend to steal the NAAS name?? Is Microsoft desperate to seek the 'NAAS' name to beef up thier profits? Not quite, but perhaps the thought has entered into the marketing process of their partner. Microsoft is a multi-billion dollar corporation and is believed to employ persons intelligent enough to use their own brains to create a product entirely dissimilar from NAAS. What is so hard about thinking with one's own brain?? Believe it or not, for many persons the thought of using another person's brain is a better play than using their own.

Office Anyware, LLC, a Utah-based company, has recently been in the news. Unfortunately, its source of attention is not all that admirable. Instead, the company is now now known for peddling its ridiculous products, and applying for a trademark virtually identical to the same mark associated with National Academy of American Scholars.

Indeed, data received from the United States Patent & Trademark Office indicate that this zero-brained company actually submitted an application to the United States Patent & Trademark Office exactly identical to the registered mark "NAAS." Some ask 'Can their employees think independently' or do they follow a Mormon edict that teaches intellectual property should be shared just as wives are shared?? Do their religious beliefs affect their ability to behave like rational and civil persons?? Does Mormonism extend to illicit sharing or stealing of intellectual property?? Do these sects actually believe they have the right to use the ideas of others and market them as their own??

Despite these controversial issues, the listed "partners" of this company include IBM. The company also boasts that it is "Microsoft Certified" partner as if the distinction were some sort of an accomplishment. Even your local printer-repair company hangs a little cheap plaque on the wall boasting the same thing.

Violation of Title 18 U.S.C., Section 1001 (False Statements to U.S. Government)
Any person contemplating an attempt(s) to register a similar name or mark with the U.S. Patent & Trademark Office should be aware that such acts may constitute federal crimes. For example, in applying for any trademark through the United States Patent & Trademark office, every applicant must submit a statement pursuant to the above federal law that includes, amongst other things, this langauge:
The undersigned being hereby warned that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. §1001, and that such willful false statements may jeopardize the validity of the application or any resulting registration, declares that he is properly authorized to execute this application on behalf of the applicant ; he believes the applicant to be the owner of the trademark/service mark sought to be registered, To the best of his knowledge and belief no other person, firm, corporation, or association has the right to use the above-identified mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods/services of such other person, to cause confusion or to cause mistake, or to deceive; and that all statements made of his own knowledge are true and that all statements made on information and belief are believed to be true.

In the case hereof, Office Anyware should know that:

  1. Office Anyware IS NOT the original owner or lawful inventor of the NAAS trademark/service mark;
  2. Office Anyware EITHER KNEW OR SHOULD HAVE KNOWN that another person, firm, corporation, or association (e.g., the real NAAS) has the right to use the above-identified mark in commerce;
  3. Office Anyware EITHER KNEW OR SHOULD HAVE KNOWN that the use of the mark NAAS may cause confusion for their customers as well as clients of NAAS, and that law enforcement has documented that confusion is commonly relied upon to deceive consumers;
  4. EVERYONE KNOWS THAT it is a violation of federal law to intentionally submit false, deceptive, untrue, and fraudulent statements to U.S. government employees, and to seek registration of a U.S. Trademark under false and/or fraudulent pretenses.

The criminal prosecution of Warren Steed Jeffs, who was the leader of a controversial Mormon fundamentalist polygynist sect known as the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS Church), was an important milestone in U.S. history.

Utah authorities had for years over-looked the practice of polygamy and child rape. When Mr. Jeffs attempted to export his brazen acts of perversity, sexual diseases, HIV, and herpes across state lines, moral and Christian prosecutors stepped in.

We believe that the United States Patent & Trademark Office should NOT allow Utah-based compnies to 'share' Trademarks with other companies as is customary for Utah-based Mormons to share wives. The 1946 U.S. Trademark Act prohibits carpet-bagging companies from attempting to register an identical mark that was already previously registered by the inventor.

NAAS brand made famous by NAAS founders
Beware of Non-Responsive Companies
Today, NAAS is an icon in merit-based awards, media content, entertainment, arts, video, just as Playboy is an icon of centerfold-women or Microsoft is an icon associated with the Windows Operating system. Readers from throughout th world regularly visit the NAAS website, download our literature, subscribe to our services, and read our NAAS Media reports. Parents, teachers, attorneys, publishers, universities, governmental agencies rely upon the NAAS home page for current information. Our NAAS EAS/N2 Rules is evidence of our outstanding integrity, and devotion to ethics.

At the same time, copy-cats, and persons not willing to use a name entirely dissimilar to NAAS, seek the easy route to respect. Playing off the success and integrity of others, these copy-cats show their true colors. Consequently, we believe it is important to publish certain information that relates to which firms are or are not affiliated with National Academy of American Scholars.

Finally, the list below is not necessarily of our own making. We do not solicit or ask companies to misuse our name brands. Criminals typically require no provocation to commit their misdeeds. We research public databases, and we await until we receive unsolicited documentation from respectable third-party sources or government agents that indicate a potential abuser is seeking to use the NAAS mark with their product or service. Sometimes, we receive reports from students or businesspersons, consumers, educators, publishers, or readers who were unable to tell if the suspected company was legitimate or if it had sponsorship or approval by the real National Academy of American Scholars.

We may then contact the suspect company or person to verify as to whether or not the information is true. If we receive no legitimate or satisfactory response or they are unwilling to cease use of the unauthorzed mark or the offender(s) are unwilling to pay the required licensing fee(s) then we suspect the company is a scam, or criminal operation.

Although some of the organizations or companies in our original report may have went out of business or abandoned their plans, or even complied with legal demands, NAAS EAS/N2 Rules nonetheless require a public response. This current Media Report contains only recent companies that are suspected of using the NAAS-brand name without authorization.

NAAS History
The amazing NAAS history
For over the course of 15 years and beyond, the founders and officers of National Academy of American Scholars have built a stellar and remarkable reputation of trust, integrity, outstanding citizenship, and unblemished character. Many institutions, teachers, professors, government agencies, students, world-class sholars, and leaders of the world are familiar with 'NAAS' products and services. Many world and U.S. government leaders ranging from Senators, Mayors, Police Chiefs, federal officers, and the top echelon of political and civic leaders have recommended their sons, daughters, and friends of their sons and daughters for NAAS awards. Receipients of NAAS Awards have attended and graduated from such leading academic institutions as Harvard, Stanford, UCLA, and many other of the top-ranked schools..

NAAS Success Spawns Copy-Cats
The success of NAAS products and services was been met with varying degrees of envy, flattery, recognition, and imitation from others. Suspicious companies and organizations of various sizes and types have begun to use the 'NAAS' name to hawk their products and services, and bring undeserved attention to themselves. Thanks to the erudite scholars who helped found and create National Academy of American Scholars, some businesses and organizations not even connected to merit-based awards have adopted the 'NAAS' moniker. Why? NAAS represents prestige, respect, and integrity.

Unauthorized Use of Federally-Registered Intellectual Property is a Crime
Persons and consumers must be made aware that any unauthorized use, possession, distribution, or transportation of NAAS-branded intellectual property, including any logo(s) associated with the same, is strictly prohibited; and, the violation of this provision will be construed, amongst other things, as felony copyright infringement, misappropriation of intellectual property; and, a violation of pertinent U.S. Patent & Trademark law(s). As with the commission of any illegal and/or unauthorized act, we further reserve the right to publicly brand and distribute via appropriate means that the perpetrator(s) of such act(s) as criminals. However, the listing of any person in this report by name or title should not be contrued that said person has definitively committed a specific crime(s).

Education at Inferior Schools Spurs Copyright/Trademark Infringement Mentality
In reviewing the business profiles of employees of some of these companies, it is clear that a common pattern seems to emerge. Many of their officers and key employees like marketing agents typically have been "educated" at inferior, for-profit franchise, or online operations. These schools typically claim that they offer "online university-level programs that are convenient yet high quality".

In reality, students and persons seeking so-called degrees from many online non-traditional schools simply do not have the basic intelligence, self-motivation, will-power, and moral ethics to attend and enroll into Divison I NCAA schools that have been ranked by U.S. News & World Report as leading universities. Superior schools that come to mind are Purdue University (West Lafayette, IN); Harvard University (Boston, MA); California Institute of Technology (Cal-Tech), etc.

The typical student attending an online Phoenix University or Walden University school clearly does not have the intelligence or will-power to effectively succeed at a top tier Division I school. To succeed at their business endeavor, inferior persons typically create consumer confusion by attempting to brand their service or product very closely to brand name that is already in existence, and which was created by intellectually superior persons.

What Sociologists and Educators believe
Many Sociologists believe that cheating and infringement is spurred by persons with inferior skills or talent. Leading sociologists and educators believe that when an inferior person lacks basic intelligence, creativity, stamina, will-power, and/or certain physical skills, they typically resort to cheating. Dependent upon the event or scenario, the cheating may encompass steriods, male enhancement, infringement, copyright violations, and the entire gamut of immoral conduct.

Graduates of superior schools are taught to be creative and use their own brains to develop their own ideas whereas inferior schools simply teach their students to copy, mimick, and re-produce an existing idea.

Criminal Complaints Filed
As more and more companies attempt to illegally profit off of the NAAS mark, new NAAS EAS/N2 Rules will take affect commencing March 1st, 2008. On that day, pursuant to newly approved NAAS EAS/N2 Rules, each and every person and/or company who submits a fraudulent, deceptive, untrue, and/or misleading application before the U.S. Patent & Trademark office in which the central scheme is to register a mark exactly identical to a mark registered and associated with National Academy of American Scholars, in an international class reserved for NAAS, a public criminal complaint will be filed on this website, and complaints will copied to an appropriate U.S. Attorney General, alleging,et alli, the following, to wit:
  1. VIOLATION OF TITLE 18 U.S.C., Section 1001, prohibiting making false statements
  2. VIOLATION OF 18 TITLE U.S.C. §1341, PROHIBITING MAIL FRAUD;
  3. VIOLATION OF §5(a) of the FTC Act, 15 U.S.C. §45 (a) prohibiting unfair, false,
  4. and deceptive practices, and concealment of material facts. VIOLATION OF 18 TITLE U.S.C., Part I, Chapter 47, §1028(a)(7), an offense related to the Identity Theft and Assumption Deterrence Act of 1998

Statement of Non-Affiliation by N.A.A.S.
On behalf of itself, and on behalf of the registrant of record, National Academy of American Scholars, specifically and categorically disclaims, disavows, and dis-associates itself from the following named entities, persons, and/or organizations, and their respective products and services; and, furthermore, neither the registrant of record of the subject marks, nor any authorized licensee(s) of the same, is currently or has ever been associated with, or affiliated with, in any direct or indirect manner, nor in any way, form, or fashion, with any of the named persons, organizations, and/or companies listed below:
  1. Office Anyware LLC, Suite 500, 10421 S. Jordan GateWay, South Jordan UT 84095;
  2. *Arcadian Networks, 400 Columbus Ave, Valhalla, NY, 10595;
  3. Northwest Association of Accredited Schools;
  4. National Association of Academies of Science;
  5. American Scholar;
  6. *National Association of Advisors to Seniors, LLC;
  7. M&O Marketing, Inc.*;
  8. North American Association of Senior Citizens (NAASC);
  9. National Association for Alternative Staffing (NAAS);
  10. National Association of Scholars (NAS).
Note: After publishing this report, or immediately preceding the release of public accusations, the companies with an asterisk (*) trailing their name are believed to have either ceased operations and/or ceased using a brand name(s) confusingly similar to NAAS, or abandoned their attempts to profit from the NAAS name.

Intellectual Theft is not Flattery
Although some may consider "imitation to be flattery", it is the opinion of the Publisher that the plagiarism of intellectual ideas, or even the appearance thereof, constitutes a damaging self-indictment of one's own lack of credibility.

Any company or organization that attempts to brazenly capitalize on the name, goodwill, and success of another organization or company merely invites questions of their own credibility, and the worthiness of their products and services. Why steal? This is a question that legitimate companies ask but illegitimate companies refuse to answer. Why create confusion by deliberately attempting to associate a popular brand-name with a product from an entirely different company with inferior standards?

One may suspect that if a company is corrupt and deliberately wants to create confusion and product misinformation then the surest path is to use a name, phrase(s) that are already in use by popular legitimate organizations. Consumers must be the judge.

Publisher's Opinion

Conclusion
This Media Report contains information about selected organizations, and persons who are believed or alleged to have engaged in conduct that may result in confusion to consumers and mis-identification with intellectual brand names and logos associated with NAAS, National Academy of American Scholars, or authorized agents of the same. As a reminder, it is illegal and a criminal act to misuse, steal, illegally copy, infringe upon, and use any intellectual property or patent of another person without that person's written consent or official authorization.

Do not allow yourself to be confused by unethical companies that attempt to build their reputation off of the hard work of others.

Imagine a brand name like a consumer credit report. The brand 'NAAS' has a flawless credit score (1000), thanks to the founders and creators of National Academy of American Scholars. Now imagine, a company with an inferior credit score(400 or so). Like identity-theft, it has been documented that companies with inferior reputations typically attempt to build off the brand image or credit-score of superior companies. How is this done? They attempt to accomplish their schemes by hijacking, stealing, and/or infringing upon the intellectual property rights of others.

We suggest to any consumer or student to think twice before responding to any of the products and services from any company or organization that uses a name or confusingly similar to any well established organization. Remember, there is only one real McDonald's; one real Microsoft; One real Apple Computer; and, there is only one real National Academy of American Scholars. Make sure you interact with the real one.

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Publishers note:
The information contained herein has been obtained and compiled from sources deemed to be reliable. However, as in the case of all legitimate journalistic reporting, we cannot guarantee the accuracy of the information presented herein nor the credibility of the sources used. Consequently, The Companies, and Publishers, etc., et al., jointly and severally, makes no warranty or representation, express or implied, with respect to the accuracy or completeness of the information herein nor assumes any liability with respect to the use of, or damages resulting from the use of the information contained in this report pursuant to 47 U.S.C. Section 230, subdivision (e), part 3, as well as the First and Fourteenth Amendments to the United States Constitution, as well as Article I, Section 2 of the Constitution of the State of California, as well as other affirmative defenses and doctrines not explicitly mentioned herein. However, to the best of our knowledge and belief, the information cited hereinabove is believed to be factual and accurate, and is offered without recourse to The Companies, etc., et al., the staff, officers, directors, et al. and any affiliates of the same subsequently mentioned in this web presentation. Furthermore, this report is not intended to recommend or deprecate any of the subjects cited or referenced herein and said report is furnished solely to assist the reader in exercising his/her own authoritative discernment. By accessing this report from a general hypertext link, it is the reasonable belief of the Publisher that the statements which form the subject matter of the report are to persons also interested therein and that such persons hereby agree and expressly consent to all applicable NAAS EAS/N2 Rules. Absolutely no part of this report, either partially or in its entirety, may be used in advertising, selling or for commercial purpose or downloaded into any computer system for subsequent storage, personal re-prints, videotaped, or manipulation of any type. Any re-prints or re-broadcasts not authorized by The Companies, or an authorized agent, assignee, or representative of the same, are deemed as non-official representations, and effective forthwith, are immediately disclaimed as being non-representative of Publisher. The captions or subtitles of this report are employed solely for convenience and are not to be used as an aid in interpretation or speculation. Neither this report, nor any reports related thereto, nor any tangential reports, claims to offer legal advice or legal opinions. This report is not a legal opinion. For legal opinions, a person should consult competent legal counsel. Plagerizers and copyright violators are subject to appropriate adjudicative proceedings. All NAAS EAS/N2 Rules apply.