-JAMES H. STEVENS
`EMORY A. WYANT. JR
`_.
`OFCOUNSEL
`THOMAS R. KELLOGG
`
`LAW OFFICES
`
`TTAB
`
`STRONG STEVENS & WYANT
`A PROFESSIONAL Conponm-.oN
`
`I250 GERMANTOWN Pm E, SUITE 3O
`0
`PLYMOUTH MEETING, PA 19462-2444
`
`(610) 239-8600
`FAX (610) 275-5620
`
`E- MAI L strongstevens@ao|.com
`
`GEORGE v. STRONG, on.
`(1925-2002)
`RICHARD K. STEVENS, JR.
`0936-2007)
`
`November 13, 2008
`
`Brian D. Brown, Esq.
`Interlocutory Attorney
`U.S. Patent and Trademark Office
`
`Trademark Trial and Appeal Board
`P.O. Box 1451
`Alexandria, VA 22313-1451
`
`' 0
`
`/g C)
`«
`-
`5 ’
`I 77
`
`Re: Petition for Cancellation of TM Reg. # 2883802
`No. 92050044
`
`Dear Mr. Brown:
`
`I would like to submit the following items in support of the Petition of The
`Equine Touch Foundation, Inc. to cancel TM Reg. # 2883802 registered by Eqinology,
`Inc.
`
`Letter from the Petitioner to me with exhibit;
`Statement of Jock Ruddock, President of the Petitioner;
`Supporting letter of Debra K. Tibbits;
`Supporting letter of Lu Ann Groves
`Letter from Ivana Ruddock, MVDr officer of the Petitioner;
`Supporting letter from Lyle “Bergy” Bergelan;
`Supporting letter from Suz Anne Kurten;
`Supporting letter from Colette Bolster;
`Supporting letter from Carolyn Gibbs;
`Supporting letter from Randi Peters;
`Supporting letter from Marleigh Freyenhagen;
`Supporting letter from Raian F. Kaiser;
`Supporting letter from Raian F. Kaiser on behalf of the International Equine
`Touch Association;
`Supporting letter from Trudy Johnson;
`Supporting letter from Sara L. and Michael B. Stenson;
`Short statements by several experts presented by the Petitioner.
`
`111111111111llllllllll11111lllllllllllllllllllllll
`11-17-2008
`
`‘_. S
`
`,;H,,.._ 5. TMOI‘:/T‘1 Mail Rcpt Gt
`
`*3?
`
`

`
`-a.
`
`STRONG STEVENS & WYANT, PC.
`
`Brian D. Brown, Esq,
`
`-2-
`
`November 13, 2008
`
`Copies of the items identified above have been submitted, but if originals are
`required I can send them.
`Inasmuch as I have not heard from Attorney Bryan W. Dillon
`in response to my previous filings, I am not sure that he represents the Defendant at this
`time. He was the attorney in connection with the original trademark registration filing.
`Therefore, I am sending copies of this letter and its enclosures to the Defendant, itself
`(Equinology, Inc.) as well as to Mr. Dillon.
`
`Pursuant to 37 CFR Sec. 2.119 the undersigned hereby certifies that on November
`13, 2008 service of a copy of this letter and all enclosures was made upon Equinology,
`
`Suite 200, Sebastopol, CA 95472.
`
`With appreciation of your cooperation, I am
`
`Sincerely,
`
`Thomas R. Kellogg
`
`cc:
`
`Equinology, Inc.
`Bryan W. Dillon, Esq.
`w/enclosures
`
`

`
`
`
`THE EQUINE TOUCH FOUNDATION
`
`136 Watermark Road, Oxford PA 19363
`
`www.theeguinetouch.com
`
`To Tom Kellog
`
`Re: Equine Body Worker
`
`Dear Tom
`
`beloware some of my thoughts and research on the subject, and may help reduce any further research
`which may be required to substantiate our appeal.
`
`With regard to the information submitted to the Commissioner for Trademarks on March 12, 2004
`relating to Serial N076/514094 — Equine Body Worker.
`
`After having studied the letter and supporting evidence used by Equinology and their lawyers Peter<A
`Single and Bruce Napell
`in their appeal to have the decision of the USPTO overturned,
`it
`is my
`contention that the research provided by these applicants are seriously flawed and in fact manufactured
`in order to mislead any reasonable person unaware of the facts of.the Equine Bodywork industry and its
`practices to come to wrong decision.
`
`Nicole Rombach for instance is an associate of Debranne Patillo and runs the UK Equinology branch and
`makes income out of marketing the word Equine Bodywork to her students and having them pay to join
`her association.
`
`I and others in the Equine Bodywork industry are of the firm opinion that the original decision by the
`USPTO was correct, wherein the applicant was refused permission to trademark the words Equine Body
`Worker as it is a generic name used to describe a practitioner of any technique of body work upon a
`horse.
`
`The Webster Dictionary is recognized asfa source of the common meanings of words and terms.
`The term body worker was defined in 1908 This word is known and clarified in the Webster dictionary
`as:
`
`bodywork.v: therapeutic touching or manipulation of the body by using specialized techniques
`
`body-work-er \—,w9r-ker\ noun
`Date: 1908
`
`mas-seur Pronunciation: \ma-'ser, me-\ Function: noun. Etymology: French, from masser
`
`Date: 1876 : a man who practices massage
`
`

`
`Equine Touch students and practitioners practice specialized techniques in equine bodywork, as do
`cranio sacral therapists, lymphatic drainage therapists, somatic therapists, equine rolfers, kinesiologists,
`myo fascial release therapists, T-Touch practitioners, equine osteopaths, and equine chiropractors to
`mention but a few, and there are several different schools of several of these. Masseurs are not
`
`generally considered as bodyworkers as they have a recognized modality, routine and theory which is
`attributed solely to them and based on clinical Swedish Massage fro humans.
`
`In the appeal letter the lawyer quotes web searches as the basis for the appeal. Any search of the web
`can be easily adapted tosuit. To come to the top of a specific search, all one has to do is pay to join a
`'search engine company’ so that when a _search for an exact phrase is called for then these names crop
`up every time at the top of the list.
`
`The search can then be manipulated to supply the information for presentation in the manner required.
`For example:
`'
`
`On October 25 a Google search showed the following:
`
`Equinology: 4,080 sites directing you to or associated with Equinology
`
`Equine Touch: 894,000 sites directing you totor associated with Equine Touch
`
`A web search through Yahoo showed:
`
`Equinology: 4080
`
`Equine Touch: 14,200
`
`The first 5 sites featured on the Equinology search which includes their own web pages all state that
`they teach ‘equine sports massage’, not Equine Body Work. The question must be asked, why if"
`Equinology teach an Equine Sports massage course, do they wish to give and trademark a certificate as
`an Equine Bodywork and not an Equine Sports Masseur and then trademark the name and then claim
`
`the term Equine Body Work as their prerogative only?
`
`A
`
`If one opens any of the Equine Touch sites, the words Equine Bodywork is repeated time after time.
`Check out www.theequinetouch.com
`
`If the term ‘Jock Ruddock Equinology’ is entered in Google, the attached page shows up from the
`Equinology web site: http://www.equinology.com/info/instructor.asp?insid=3
`
`If one scrolls down this page they will find that Equinology are still advertising
`The Equine Touch, Jock and Dr. Ivana Ruddock
`
`In the declaration made by Equinology students and lawyers they state emphatically that-Equine Body
`
`Worker is only used to refer to the particular practices taught by Equinology. Then this being the case
`
`according to their own advertising any person taught Equine Touch has the right to call themselves an
`
`Equine Body Worker. The Equine Touch Foundation taught one class of equine bodywork to Equinology
`massage students in Autumn 2001 only, but are still being advertised by Equinology.
`
`In the letter attached by Bruce Napell where he mentions this web search that he has done, he also
`
`mentions one Judy Warne,r where he states quite untruthfully that she ‘appears to be using the term to
`
`

`
`Judy Warner was trained by the Equine Touch
`infringing).
`give the impression that she was (e.g.
`Foundation and has never intimated any shape or form that she was taught by Equinology as have none
`of the other people who he has threatened.
`
`Persons within the horse care community other than Equinology students, do not recognize that the
`
`term Equine Body Worker belong to Equinology and neither does the term Equine Body Work.
`Equinology is quite simply a massage school and Derbanne Patillo the entrepreneurial owner of this
`company who promotes other courses by other people for her students as an income source.
`
`To allow any one person to control our industry and to be able to take legal actionlagainst us for in all
`truth stating what we believe, and what the public believe we are and what we do is wrong. Equinology
`should not be allowed to continue to use the aforementioned term as a mark.
`
`Having spoken to several vets who war also Equine Body Workers as well as numerous schools and
`
`named and recognized body workers, it is our opinion that this is a travesty for our industry.
`
`In case there is an attempt by Equinology or their lawyers to discredit myself and lvana in this matter I
`
`have attached a copy of an advert which Equinology ran for several years, even although we did not
`teach for them.
`I was extremely surprised to find that Equinology was still advertising lvana and I on
`their web site even although we only taught one clinic for them in Autumn 2001.
`
`Hope all this information helps.
`
`Jock
`
`

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`so LANEY
`
`susnn TENNEY
`
`
`
`I finatlywandered
`snoozin'
`up to the trough and got my
`‘drink. Aaahhhh.
`
`Since then Bo’s1been the
`.,one,in charge 'and‘l‘ve had
`my feet property trimmed
`too. His teetvfeel goodnjow
`and .he.can move pretty
`dang quick again for his 20-
`somethin’ years. He leaped
`back up to thetoppa the
`peckin‘ order, but it was a
`pretty uneventful changtn’ of
`the guard. Therbossts back.
`
`—
`
`»
`
`Happy'TruiIs, P-pot
`
`C9 .60
`
`ter. 0 just think I shoutda
`been the one to get to go
`meet Martha, ‘cause |’mthe
`
`oldest, and my feet hurt too.)
`‘I! ain’t'fai[...), BO had been '-
`yctingin‘ to me tike static fora
`long while (he couldn’t boss
`anybody else aroundt); but
`then he started bossin‘ Titlie
`around again.
`
`Well, he sure‘ seemed to.
`
`be in charge of us all that
`day of the buggy. Bein’s that
`there were no sparks.
`between him and Equinox I
`kept what I knew about bug- A
`gies to myself - and the
`good'gra'zin', Ioronce.(Bo ‘
`seemed to be gettin’ around
`reat good on his used-to=be-
`sore ‘feet and nobody was
`thinkin’ about arguin’, just
`stayin’ away from the buggy.
`They stayed real‘ close
`together and when B0 was
`
`'
`
`v
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` HOLIs'TI6PRA6TITIONER
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`
`"To heal ouranimals is. to healourselves” .
`
`V013 - Issue‘!
`
`37
`
`Please mention
`
`Natural Horse
`when replying to
`advertisements.
`
`See all the 1999
`
`issues of Natural
`
`Horse FREE in the
`Archives at
`
`www.nuturulhorse.¢om
`
`

`
`‘I
`
`
`
`‘- THE EQUINE TOUCH FOUNDATION INCORPORATED
`
`136 Watermark Road, Oxford PA 19363
`
`www.theeguinetouch.com
`
`I, John Chapman Ruddock, declare as follows:
`
`I am the president of the Equine Touch Foundation Inc (ETF) which is a worldwide recognized school of
`Equine Bodywork incorporated in 2001 in PA, and has taught over 4000 students in the equine
`bodywork technique known as the Equine Touch. In the United Kingdom for instance the ETF is the only
`Equine Bodywork school to have national accreditation.
`
`I would like to officially request that the term Equine Body Worker which has been trademarked by
`Equinology be returned to the public domain. My foundation of expertise and reasons for making this
`request is:
`'
`
`I have been a human bodyworker for over 40 years, having trained in skeletal manipulation techniques
`and soft tissue techniques including, Aikido, lsogai, Dynamic Ki, Hands on Reiki, Bowen, Kinesiology,
`Hyperton-X, Cranio Sacral, Vibromuscular Harmonization and Touch for Health. Any one‘ of these
`specialized techniques or any combination of when applied to the human body are referred to as
`bodywork. I have not traine_d in massage and have never practiced massage.
`
`Tthe horse care world has for centuries used the human hand to address the physical and emotional
`
`problems of the horse Xenophon in 400BC said ‘It takes a gentle hand to calm a nervous horse’. The
`Mongolian cavalry of Genghis Khan used bodywork techniques on their horses which some of us are
`even using to this dayas did the Native Americans. None were taught by Equinologyl
`
`The descriptive term which covers this is Equine Body Work and the person who performs it is_an Equine
`Body Worker and it has never been limited and must not be limited to one person's private school or
`one person's technique. The term bodywork has evolved naturally with the evolution of languageand
`research has shown it has been in official common usage (Webster Dictionary) since 1908. To simplyéput
`the word human, equine or canine in front of it and then claim copyright, and start legally threatening
`people is just not right morally or legally.
`
`I started working on horses in 1997.
`
`I was trained by no one, and never have been trained by anyone,
`
`and as with all equine bodywork modalities I at first transferred the principles of my human bodywork
`
`techniques to the equine. Equine bodywork is therefore only an extension or transposition of human
`
`bodywork, and all terms describing the work on horses are derived from the human side. There is no
`trademark on human body worker and there should be none on equine body worker (or work).
`
`

`
`[I
`
`I was invited by the
`In 1998 as result of my personal success with equine bodywork in Europe,
`Veterinary University in the Czech Republic to teach my system, at that time un-named, just equine
`bodywork, to veterinary surgeons from all over Europe and did so for over one_year until
`it was
`recommended that I and my veterinary wife should take my technique out to the world and teach horse
`owners. In 2001 we named our technique ‘The Equine Touch’ to differentiate it from other techniques,
`until that time we only called it soft tissue equine bodywork, it was the natural generic name for what
`we did, and is still the name which we use to describe our work when asked. There is no other name
`that is acceptable to us, vets, or the general horse community. The Equine Touch Foundation strongly
`request that this term which we all worked happily and proudly under be returned to the public domain.
`
`I have worked with and over the years taught many vets as well as equine bodyworkers from other
`schools even Equinology, they are all astounded that the term could be trademarked and angry that no
`one in the horse care community was aware of this travesty happening without theirlknowledge. This
`situation only arose when equine bodyworkers who had been using this term for many years and who
`had not attended Ms Pati|lo’s school were threatened by her lawyer. They were also informed that they
`could use the name legally by paying to attend attend her courses.
`
`Should this petition not be successful and the term not be returned to the public domain, this will have a
`destructive effect upon the whole horse care industry worldwide.
`in the United States for instance it is
`illegal in most states, Arizona, California and Texas for instance, for massage, osteopathy, chiropractic or
`many other forms of Equine Body Work to performed on any animal unless by a licensed vet, or under
`the direct supervision of a vet. It may become extremely arguable if a licensed vet who offers equine
`body work as a service is sued for breach of trademark by an organization who's Equine Body Work
`graduates are precluded by statute from legally practicing Equine Body Work in that state or country.
`
`is my sincere request that this petition be given the strongest consideration and the trademark
`It
`repealed for the benefit of Equine Body Workers worldwide as well as the horse.
`
`I declare under the penalty of perjury of the law of the United States that the foregoing is true and
`correct of my own personal knowledge. Executed the 1st day of November 2008.
`
`
`
`
`n Ruddock _
`Equine Bodyworker
`
`

`
`
`
`Healing Hands Equine
`Mobile Veterinary Service
`Debra K. Tibbitts, DVM
`
`250 E. Escalante Rd.
`Saint David, AZ 85630
`520-686-1521
`
`1, Debra K. Tibbitts, DVM,CVCP declare the following:
`
`I am a licensed veterinarian in good standing and have been so for over 20 years. I own and operate a
`mobile equine veterinary practice in Southeastern Arizona.
`
`I am also certified in several types of equine body work including equine osteopathy, chiropractic and
`Equine Touch. I have studied many other types of equine body work including cranio-sacral, network
`chiropractic, non-force directional chiropractic and .
`
`I have recently been made aware of the fact that Equinology, a massage school in California has
`trademarked the term ‘Equine Body Worker’ and are threatening to take legal action against people
`who have for years rightfully called themselves by this term and are recognized as such. And this
`includes myself as I am trained and offer services which qualify me as an Equine Body Worker as well
`as a veterinarian.
`
`Equine body work is a therapeutic application of hands—on techniques on horses that can range from
`therapeutic touch to myofascial release to massage to acupressure to Reiki and many others. Equine
`Body Work is is a non-invasive, hands-on approach that promotes and facilitates the body's ability to
`heal itself. Body Work uses a variety of techniques to effect muscle tissue, biomechanical and skeletal
`issues, emotional issues, and even organ function. Equine Body Worker is a widely used and accepted
`descriptive term for a person who performs this type of work. There is in fact no other simple co111mon-
`use term which adequately describes to a horse owner or veterinarian or any other professional in the
`horse world the person who offers hands-on equine therapy. I would therefore respectfully request that
`this trademark be rescinded and returned to the public domain. If it is to remain the sole prerogative of
`one small massage company and its students this is going to have an extremely destructive effect upon
`the horse care industry.
`
`I declare under the penalty of perjury of the law of the United States that the foregoing is true
`and correct of my own personal knowledge. Executed this 29"‘ day of October 2008.
`
`Sincerely,
`
`
`
`Debra K Tibbitts, DVM
`
`

`
`
`
`‘j"""“—‘:'*"——— 3330 Harris Hill Road - San Marcos, Texas 78666 —
`
`10-29-08
`
`My name is Lu Ann Groves.
`practice for almost 30 years.
`San Marcos Texas.
`
`I am a licensed equine veterinarian and equine body worker.
`I have been in
`.
`I specialize in horses and own and operate a major equine only clinic in
`
`Apart from my standard qualifications as a veterinary surgeon, I am also a qualified ‘EQUINE BODY
`WORKER’ having trained and been certified as an equine acupuncturist, equine chiropractor, equine
`osteopath, cranio-sacral specialist, and Equine Touch practitioner.
`I have studied many other forms of
`equine bodywork, including cranio-sacral, lymphatic drainage, myofascial release and Tellington Touch
`to name but a few.
`
`Over the many years that I have been a veterinarian; I have employed many recognized "equine body
`workers”; who are trained in using different techniques to work on horses in my care and under my
`supervision. These people are ALL referred to as equine body workers. Persons who do equine massage
`would also be referred to as equine body workers in my area of Texas.
`
`To the best of my knowledge both nationally and internationally the term ‘equine body worker’ is the
`descriptive generic title given to any person who practices a specialized technique, of which there are
`many, on a horse.
`
`I have recently been made aware of the fact that Equinology, a massage school in California has
`trademarked the term ’Equine Body Worker’ and are threatening to take legal action against people
`who have for years rightfully called themselves by this term and are recognized as such.
`I too, am an
`Equine Body worker, I offer this service to my clients and can do so legally (in most states it is illegal to
`perform equine massage for instance on a horse unless one is a vet or being actually supervised by a
`vet).
`I think that it would be a most unusual situation where a small school which has trademarked a
`
`term for a service, which legally in Texas and California for instance, they cannot perform under unless
`under the supervision of a vet can sue a licensed vet for calling themselves an Equine Body worker on?
`
`offering Equine Body Work.
`
`’
`
`Phone (512) 396-2234
`
`www.thewho|ehorse.com
`E-mail luanngroves @yahoo.com
`
`Fax (512) 396-6176
`
`

`
` j_—
`
`
`
`3330 Harris Hill Road - San Marcos, Texas 75555 ——-———.—._._____
`
`There is in fact no other simple common use descriptive term which adequately explains to a vet or any
`
`other professional in the horse world what a person who works on horses in fact is or what service they
`
`offer. l would therefore respectfully request that this trademark be rescinded and returned to the public
`
`domain.
`
`If it is to remain the sole prerogative of one small massage company whose students, I have
`
`never met, used or even "know of, this is going to have an extremely destructive effect upon the horse
`
`care industry.
`
` corrécfiarg}fiV6i0h?’pérs6n'ai‘knowi'¢dge;e£xecu:e :t e_»
`
`Sincerely,
`
`
`
`Lu Ann Groves DVM
`
`Phone (512) 396-2234
`
`www.thewholehorse.com
`E-mail |uanngroves@yahoo.com
`
`Fax (512) 396-6176
`
`

`
`‘ IVANA RUDDOCK MVDR. AVHMA I
`VETERINARY SURGEON
`
`I, lvana Ruddock declare as follows:
`
`I have been a veterinarian for 15 years and am member of the American Veterinary
`Holistic Medical Association.
`I am also a Canine and Equine Body Worker a printed
`author and a former University researcher and lecturer in anatomy.
`I am a licensed
`equine bodywork instructor, and teach the bodywork technique known as Equine Touch
`throughout Europe, Scandinavia, Africa, Australia, New Zealand, Australia, the United
`Kingdom and of course the United States.
`
`I have studied Equine Touch as well as other hands-on techniques such as cranio—
`sacral. All of them belong singularly and collectively in the category of Equine Body
`Work, which is a common term used by many professionals, who are addressing the
`body of the horse with various hands-on techniques.
`
`Just recently I discovered that Equinology a small massage school in California has
`trademarked the term: Equine Body Work and Equine Body Worker. Equinology is now
`threatening any person,
`including my students, who use the term and who are not
`trained by them.
`
`the
`teaches sports massage. To my knowledge,
`it
`Equinology advertises that
`professionals who are taught the art of massage are called masseurs. I do not practice
`massage I do not call myself a masseur as this term has a clearly defined and commonly
`recognized definition. Evidence that these two disciplines are different is contained not
`only in recognizable common usage but also in the Webster dictionary which defines
`terms and words that are accepted worldwide.
`
`bodywork: v. therapeutic touching or manipulation of the body using specialized techniques -
`bodyworker: noun Date 1908.
`
`mas-seur Pronunciation: \ma-'ser, me-\Function: nounEtymo|ogy: French, from masser
`Date:1876 : a man who practices massage
`
`As a qualified veterinarian, and equine bodyworker I would like to object to the decision
`of the trademark office to grand the trademark of the Equine Body Work and Equine
`Body Worker to Equinology, Inc. These terms are well known in the veterinary world as a
`common descriptive term and should remain as such in the public domain to be used by
`all persons who train and practice different techniques in different schools, not only in
`the USA but in the world.
`
`I declare under the pen-alty of perjury of the laws of the United States that the foregoing
`is true and correct of my own personal knowledge. Executed this 27"‘ day of October
`2008.
`
` #mZ_;
`
`Dr. lvana Ruddock
`
`Veterinary Surgeon
`
`

`
`3605 APACHE FOREST DRIVE, AUSTIN, TEXAS 78739
`PHONE 512 632 9242
`
`‘THE HAIRLINE TELLS IT ALL’
`
` .
`
`.
`
`.
`
`.
`
`.
`
`.
`
`.
`
`.
`
`.
`
`.
`
`.
`
`. .. (Lyle ‘Bergy’ Bergeleen) do solemnly declare as follows.
`
`I h e been a master farrier and hoof trimmer for over 40 years. Apart from working full time as a far-
`ricr throughout l'l'M". entii-e. nf the United States T own and operate a Fa.t.L'i¢J:5 sc.l1u:n:»l and teach pr-:fessio11al
`farriers the art of shoeing and trimming, not only in this country but also in the United Kingdom and
`Europe.
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`I have worked with many vets, universities and equine bodywork schools and at a very early age realized
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`the value of soft tissue bodywork in the recovery process of the animal in conjunction with therapeutic
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`or remedial trimming and so studied Equine Body Work under many experts in this field., including in
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`1983 the late Jack Meagher the father of Equine Sports Massage, and therapist to the USA Olympic
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`Equine Team. I have practiced the skills they have taught me for the past four decades. It has only just
`been brought to my notice that Equinology a massage school based in California has trademarked the
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`term EQUINE BODY WORKER and EQUINE BODY WORK.
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`May I say first that I have worked and taught in virtually every state in this country and I have never until
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`this week even heard of Equinology, likewise the owner Debranne Patillo. I have however not only
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`heard of Equine Body Work all my life but I have used it regularly, offered it to thousands of clients and
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`have met literally hundreds of people throughout the world from many modalities who legitimately call
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`themselves Equine Body Workers. I know of respected people and international organizations such as T
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`—Touch and Equine Touch who have been teaching Equine Body Work for years and to my way of
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`thinking it appears not only wrong but highly illegal that one person can trademark the name and the
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`common usage term which so many people work and make their living under and have done so for
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`many, many years.
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`To my knowledge and understanding, Equine Massage is only a system which is taught by a massage
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`school, which research shows Equinology to be. Equine Body Work is the generic umbrella term which
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`covers all of the many different techniques that are applied to the soft tissue, the musculo—skeletal system
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`of the horse and massage is merely one of these tools.
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`I declare under the penalty of perjury of the laws of the United States that the foregoing is true and cor-
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`rect to m personal knowledge. Executed this 22nd day of October 2008
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`
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`yle ‘Bergy Ber
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`WWW.HOO|-_l'ALK.COM
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`

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`Suz Anne Kurten LAM:
`EQUINE AND HUMAN BODYWORKJPRA
`LICENSED MASSAGE THERAPIST AND
`4500 County Road 450
`A
`Coupland
`TX 78615
`Phone 512 923 1068
`:
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`LMT#MT021110,lnstructorlicense#|1848,Co
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`A
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`October 24, 2008
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`I, Suz Anne Kurten do solemnly declare the following to be true
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`I reside in Texas and am a certificated equine and human bodyworker having trained in various techniques
`including Equine Touch, Cranio Sacral, the Vibromuscular Harmonization Technique, Equine Stretching
`and massage.
`I am a licensed massage therapist #MTO21110, as well as a licensed massage instructor
`#1848 and I am also licensed to teach ongoing education in Vibromuscular Harmonization,
`license
`#CE1160. I am a qualified Vibromuscular Harmonization Technique Instructor.
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`I have worked with many veterinarians and equine bodyworkers and have myself been a qualified Equine
`Bodyworker since 2004 training and qualifying with The Equine Touch Foundation Inc.
`It has only just been
`brought to my notice that Equinology a massage school based in California has trademarked the term
`EQUINE BODY WORKER and EQUINE BODY WORK.
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`I was brought up in the Panhandle and I have owned, bred and competed with horses all my life and my
`family and I have used the services of Equine Bodyworkers for well over 30 years, before I professionally
`became one myself.
`I mix with horse owners, trainers, riders, masseurs and bodyworkers throughout the
`state of Texas and it is only just recently that I have even heard of a school of massage in California called
`Equinology which has apparently trademarked the term ‘EQUINE BODY WORKER’, and is threatening to
`sue decent people who are trained to perform bodywork.
`I do not understand how this could happen as I
`believed that term to be descriptive of the service I and others of my trade offer to the Equine community.
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`My research showed that the supreme court expressed the determined and settled rule to be "that no one
`can appropriate as a trade-mark a generic name or one descriptive of an article of trade,
`its qualities,
`ingredients or characteristics, or any sign, word or symbol which from the nature of the fact it is used to
`signify others may employ with equal truth."
`
`To my knowledge, expertise and understanding as both a licensed massage therapist and an Equine
`Bodyworker; Equine Massage is a recognized system which is taught by a massage school, which my
`research shows Equinology to be. Equine Body Work is the generic umbrella term which covers all of the
`many different techniques that are applied to the soft tissue, the musculo-skeletal system of the horse and
`massage is merely one of these tools.
`
`I declare under the penalty of perjury of the laws of the United States that the foregoing is ‘true and correct
`to my personal knowledge. Executed this 24th day of October 2008
`
`.....
`
`Su
`
`nne Kurten
`
`

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`KCB Equine Center
`70922 205th St
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`320i-275-2075
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`‘Connecting with the Horse’
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`October 26, 2008
`
`I, Colette Bolster do solemnly declare
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`I live in Dassel, Minnesota with my husband where we own and operate a complete professional equine
`services facility. I have owned and been involved with horses all my life and have trained for over 30 years. I am
`a licensed equine and human bodyworker having trained in various techniques, Equine Touch, Cranio Sacral, Vi-
`bromuscular Harmonization Technique, Reiki and Equine Stretching being among them. I am a licensed and quali-
`fied Equine Touch instructor and teach Equine Bodywork in both the USA and Canada as well as being a qualified
`human and canine bodywork instructor.
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`I have been a riding instructor for many years and spend a great deal of my time working on and rehabili-
`tating horse, equine body work is an important part of this regime and is also a major part of my income. Over the
`past 20 years I have attended many equine clinics, courses and conventions both as student of equine bodywork, a
`rider, competitor, instructor or member and so have I believe a competent knowledge of the equine community and
`what they understand at many levels.
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`Until two weeks ago I had never heard of the massage school Equinology based in California and so was
`stunned to receive information to the effect that I could no longer refer to myself as an Equine Bodyworker or offer
`the services of- Equine Bodywork for fear of having legal action taken against me. As I could not believe that Equi-
`nology or anyone else could trademark this descriptive term I have done some research into the subject the most
`relevant factor being that the supreme court ruled "that no one can appropriate -as a trade-mark a generic name
`or one descriptive of an. article of trade, its qualities, ingredients or characteristics, or any sign, word or
`symbol which from the nature of the fact it is used to signify others may employ with equal truth."
`-
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`Apart from the fact that equine body work is a generic name commonly used. in different translations for
`centuries to describe the bodywork performed on horses from Mongolia to Minnesota. Equine massage is also a
`generic name and refers to the recognizable and defined art of massage. My research shows the -Equinology
`teaches massage, but has decided to call their certificate ‘EQUINE BODY WORKER’. While I have no objection to
`any private corporation using this term as a certificate," I feelit is totally unfair and unconstitutional that a private
`massage school should be allowed to trademark a term which all of us in the horse care .community actuallyworki
`under, we are then told if we use itwe will be sued, but if we go on the Equinology class costing several thousands
`of dollars and pass we can then use -it legally. I do not practice massage, I am an Equine Bodyworker and wish to
`remain known as one.
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`I declare under the penalty of perjury of the laws of the United States that the foregoingis true and correct
`to my