Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA710046
`ESTTA Tracking number:
`11/20/2015
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`92061031
`Plaintiff
`Jeffrey Schermerhorn
`JEFFREY SCHERMERHORN
`7070 CURTISS AVENUE
`SARASOTA, FL 34231
`UNITED STATES
`jsny72@gmail.com
`Opposition/Response to Motion
`Jeffrey Schermerhorn
`jsny72@gmail.com
`/jeffrey Schermerhorn/
`11/20/2015
`Exhibit g.pdf(5567223 bytes )
`Exhibit H.pdf(5066252 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`

`
`
`EXHIBIT G
`
`

`

`
`
`a:
`Association of REALTORS®
`
`AIILILALIUIV rnno run
`2013-AGENT
`
`Sarasota Association of REALTORS®
`2320 Cattlemen Road, Sarasota, FL 34232
`(941) 952-3400 Fax (941) 952-3418 www.8arasotaREALTORS.com email: Membership@SarasotaREALTORS.com
`
`REQUIREMENTS FOR MEMBERSHIP APPLICATION PROCESS
`*Submit a completed and signed application and DBPR RE-lO Form
`(Signed by both yourself and your Broker)
`*Include method of payment. (Check, Visa, Master Card, or American Express)
`
`*Please Note: When changing firms you will incur a transfer/admin fee
`
`Received
`
`Fee
`
`Dues
`
`Dues
`
`Dues
`
`(Includes $75 one time activation fee &
`$15 securitysetupfee)
`*Prorated from June 201 to Ma 201)
`_———
`.EEE- $ 2-2
`m $86 -1
`$ -08
`
`$12 .00
`$172. 0
`mm $11 .00
`
`$ - 4983
`$8.00m $880.75
`$811-6
`M $ 2- 8
`$ .00
`$6
`.0
`
`$115.00
`
`Am
`
`A$1 0 6-
`To be a Secondary Realtoi® Member of SAR who already is a member of MFRMLS: (Application fee + SAR dues)
`To be a Secondary Realtor® Member of SAR and be a member of MFRMLS: (Application fee+SAR dues+ MFRMLS
`
`$268.
`
`*Amount Includes Annual MFRMIS fees for April or May 2013 & MLS fees
`from June 2013 to May 2014
`AAmount Includes Annual Assoc fees for Nov/Dec 2013 and all Assoc fees
`for 2014
`
`Primary members are those who pay their FAR and NAR dues through SAR
`and who’s Principal Broker also holds membership in SAR. Secondary
`membership is available only to REALTORS® whose Primary membership
`is in another Association. Secondary REALTORS® must provide a letter of
`good standing from their Primary Association stating they have paid their
`state and national dues for the current year.
`
`+FAR includes $30 Processing Fee and a $10 Issues Advocacy Assessment. NAR
`includes $35 Public Awareness Campaign Assessment.
`
`If you were a member of FAR for the previous calendar year, FAR
`reinstatement fee for the current year will be $156
`
`To be a participant in MFCREICIX please see Agent MRCRE application.
`
`Association dues are collected annuallu on Dec 15th
`
`
`
`

`

`Sarasota
`
`Association of REALTORS®
`
`Sarasota Association of REALTORS®
`2320 Cattlemen Road
`Sarasota, FL 34232
`(941) 952-3400-(941) 952-3418 Fax
`www.8arasotaREALTORS.com
`
`MembershinSarasotaREALTORS.com
`
`EMBERSI—lll’
`
`
`
`
`
`
`PPLICATION
`
`
`AGENT
`
`
`
`.
`
`
`
`
`Primary Member—Sarasota Association is primary board
`Secondary Member-Primary board membership is with another Association
`Primary m mbers are those who pay their FAR and NAR dues through SAR and whose principal broker also holds me bership
`in SAR. S ondary membership is available only to REALTORS® whose Primary membership is in another Ass u
`iation.
`Secondary '
`A TORS® must provide a letter of good standing from their Primary Association stating they have paid I e state
`and nation : dues for current year.
`
`
`
`I hereby apply for membership in the Sarasota Association of REALTORS®, Inc. (SAR) in the category checked above and enclose my
`payment for the required dues and fees, which are NOT refundable. I agree that, if accepted for membership, I will pay the dues and fees as
`from time to time established. I agree as a condition of membership to thoroughly familiarize myself with the Code of Ethics of the
`NATIONAL ASSOCIATION OF REALTORS® (NAR), including the duty to arbitrate business disputes in accordance with the Code ofEthics
`andArbitration Manual of NAR and the Constitution, Bylaws, and Rules and Regulations of SAR, the Florida Association of REALTORS®
`(FAR), and NAR. I further agree that my act of paying dues and fees shall evidence my initial and continuing commitment to abide by the
`Code of Ethics, Constitution, Bylaws, Rules and Regulations, and duty to arbitrate, all as from time to time amended.
`
`I acknowledge that SAR will maintain a membership file of information which may be shared with other boards/associations where I
`subsequently seek membership. This file shall include previous applications for memberships: all final findings of Code of Ethics violations
`and violations of other membership duties within the past three years: pending complaints alleging violations of the Code of Ethics or
`alleging violations of other membership duties: incomplete or pending disciplinary measures; pending arbitrafion requests; and information
`related to unpaid arbitration awards or unpaid financial obligations to SAR or its MLS.
`
`I acknowledge that if I subsequently resign from the Association or otherwise cause my membership to terminate with an ethics complaint
`pending, the Association may condition renewal of membership upon my certification that I will submit to the pending ethics proceeding and
`will abide by the decision of the Hearing Panel. If I resign or otherwise cause membership to terminate, the duty to submit arbitration
`continues in effect even after membership lapses or is terminated, provided the dispute arose while Iwas a REALTOR®
`
`Please PRINT or TYPE to ensure accuragx
`
`Name as Shown on License
`
`Home Address
`
`City
`
`Home Phone #
`
`State
`
`Zip
`
`Cell Phone #
`
`Date of Birth _/_/__ Sex
`
`Home Fax #
`
`Your E-Mail
`
`Firm Name
`
`Office Address
`
`
`
`
`
`City
`
`State
`
`Zip
`
`Office Phone #
`
`Office Fax #
`
`Website(URL)
`
`
`
`

`

`License Type:
`
`BK-Broker
`
`SL-Realtor/Salesperson
`
`RD-Certified Residential Appraiser
`
`License #
`
`License Expiration __/_/_
`
`Facebook ID or Link: http://www.facebook.com/
`
`Twitter ID: @
`
`Linkedin Link: http://www.linkedin.com/in/
`
`Preferred Phone
`
`(H) Home
`
`(0) Office
`
`(C) Cell
`
`Preferred Fax
`
`(H) Home
`
`(0) Office
`
`Preferred Mailing
`
`(H) Home
`
`(0) Office
`
`SAR Magazine Delivery Method
`
`(M) Mail
`
`(E) Email/Electronic Copy (The Greener Choice)
`
`Foreign Languages
`
`Are you presently a member of any other Association of REALTORS®? [ El ] Yes [ [:I ] No
`
`Ifyes, name ofAssociation and type of membership held:
`
`Have you previously held membership in any other Association of REALTORS®? [ El ] Yes [ [:I ] No
`If yes, name of Association and type of membership held:
`
`
`Have you been found in violation of the Code of Ethics or other membership duties in any Association of
`REALTORS® in the past three (3) years or are there any such complaints pending? [ I] ] Yes [ [:I ] No
`(Ifyes, provide details as an attachment.)
`
`Ifyou are now or have ever been a REALTOR®, indicate your NAR membership (NRDS)
`#:
`and last date (year) of completion of NAR’s Code of Ethics training requirement:
`
`Have you ever been refused membership in any other Association of REALTORS®? [ [:I ] Yes [ E] ] No
`If yes, state the basis for each such refusal and detail the circumstances related thereto:
`
`
`Do you hold, or have you ever held, a real estate license in any other state? [ El ] Yes [ [:1] No
`If so, where:
`5R“
`
`Have you been found in violation of state real estate licensing regulations or other laws prohibifing
`unprofessional conduct rendered by the courts or other lawful authorities within the last three years? Ifyes,
`provide details:
`
`K H
`
`ave you been convicted of a felony or other crime? If yes, provide
`details:
`
`RK
`
`

`

`I. “6‘— a-uacauuoa amp
`
`I understand and agree, as an individual affiliated with MFRMLS Participant, to abide by all Bylaws, Rules and Regulations, Reciprocal
`Agreements with other boards/associations and Master Agreements with Computer and Lockbox vendors and other obligations of participation
`including payment of fees. I agree that MLS information may not be transmitted, retransmitted or provided in any manner or media to any
`individual, office or firm not authorized to have such access by the My Florida Regional Multiple Listing Service-(MFRMLS).
`
`I acknowledge that any copyright and ownership interest in property images shall belong to the MLS and I agree MLS is licensed to reproduce,
`distribute and transform any image and place an MLS copyright legend on any images submitted by me.
`
`By signing below I consent that the REALTOR® Associations (local, state, national) and their subsidiaries, if any (e.g., MFRMLS) may contact me at the
`specified address, telephone numbers, fax numbers, email address or other means of communication available. This consent applies to changes in contact
`information that may be provided by me to the Association(s) in the future. This consent recognizes that certain state and federal laws may place limits on
`communications that I am waiving to receive all communications as part of my membership. I agree to hold harmless the Sarasota Association of
`Realtors®, its staff and agents, for dissemination of my email address(es) and facsimile number(s) to SAR members. When a REALTOR® moves their real
`estate license from one Brokerage Firm to another Brokerage Firm you will incur a $20 administration transfer fee.
`
`I hereby certify that all information supplied by me is correct.
`
`
`Signature
`Date
`
`Member Signature
`
`PRINT AGENT REALTOR® NAME
`
`SIGNATURE BROKER/DESIGNATED REALTOR® NAME
`
`Note: Dues payments to the Sarasota Association of REALTORS®, Inc. are not tax deductible as charitable contributions.
`Portions of such payments may be deductible as ordinary and necessary business expenses.
`
`Payme t Method: Check#
`
`Visa
`
`MasterCard
`
`Exp:
`
`/
`
`Amount $
`
`A in Ex Accou
`
`Signat re
`
`Date:
`
`
`*Association—Local, State & National dues are collected annually on Dec. 15“1
`MLS fees are collected from My Florida Regional MLS annually by May 15th
`
`
`
`

`

`EXHIBIT H
`
`

`

`Right to Work States: Florida
`
`11/20/15, 10:27 PM
`
`NATIONAL RIGHT TO WORK
`LEGAL DEFENSE FOUNDATlQN. mp.
`1
`v
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`y
`lVr‘IIl'llltg'fiifih
`
`lmu‘y‘r n‘
`liz'f: Us" ‘a;
`«I; A
`Jén’Zfr‘HMHI mu;
`/
`
`x ut""5.i'?fi !s;;21»'.‘lu‘uth
`
`'.
`
`Published on National Right to Work Legal Defense Foundation (mpg/lwwwnrtworg)
`
`Right to Work States: Florida
`
`FLORIDA
`
`Fla. Const. Article 1, § 6
`
`§ 6. Right to Work
`
`The right of persons to work shall not be denied or abridged on account of membership or
`non-membership in any labor union or labor organization. The right of employees, by and
`through a labor organization, to bargain collectively shall not be denied or abridged. Public
`employees shall not have the right to strike. (Constitution Amended by General Election,
`1944; Revised by General Election November 5 , 1968)
`
`TITLE 31. LABOR (Chs. 435-452)
`
`CHAPTER 447. LABOR ORGANIZATIONS
`
`PART I. GENERAL PROVISIONS
`
`§ 447.01. Regulating labor unions; state policy.
`
`(1) Because of the activities of labor unions affecting the economic conditions of the country
`and the state, entering as they do into practically every business and industrial enterprise, it is
`the sense of the Legislature that such organizations affect the public interest and are charged
`with a public use. The working person, unionist or nonunionist, must be protected. The right to
`work is the right to live.
`
`(2) It is here now declared to be the policy of the state, in the exercise of its sovereign
`constitutional police power, to regulate the activities and affairs of labor unions, their officers,
`agents, organizers and other representatives, in the manner, and to the extent hereafter set
`
`http://www.nrtw.org/en/prlnt/1079
`
`Page 1 of 4
`
`_4____————
`
`

`

`Right to Work States: Florida
`
`11/20/15. 10:27 PM
`
`forth. (Enacted 1943, amended effective July 1, 1997.)
`
`§ 447.02. Definitions.
`
`The following terms, when used in this chapter, shall have the meanings ascribed to them in
`this section:
`
`(1) The term “labor organization” means any organization of employees or local or
`subdivision thereof, having within its membership residents of the state, whether
`incorporated or not, organized for the purpose of dealing with employers
`concerning hours of employment, rate of pay, working conditions, or grievances of
`any kind relating to employment and recognized as a unit of bargaining by one or
`more employers doing business in this state, except that an “employee
`organization,” as defined in s. 447 .203( 1 1), shall be included in this definition at
`such time as it seeks to register pursuant to s. 447.305.
`
`* * * * (Enacted 1943, amended effective July 1, 2002.)
`
`§ 447.03. Employees' right of self-organization.
`
`Employees shall have the right to self-organization, to form, join, or assist labor unions or
`labor organizations or to refrain from such activity, to bargain collectively through
`representatives of their own choosing, and to engage in concerted activities, for the purpose of
`collective bargaining or other mutual aid or protection. (Enacted 1943, amended 1974.)
`
`§ 447.14. Penalties.
`
`Any person or labor organization who shall violate any of the provisions of this part shall be
`guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
`775.083. (Enacted 1943, amended 1991 .)
`
`§ 447.17 Civil remedy; injunctive relief.
`
`(1) Any person who may be denied employment or discriminated against in his employment
`on account of membership or nonmembership in any labor union or labor organization shall be
`entitled to recover from the discriminating employer, other person, firm, corporation, labor
`union, labor organization, or association, acting separately or in concert, in the courts of this
`state, such damages as he may have sustained and the costs of suit, including reasonable
`attorney's fees. If such employer, other person, firm, corporation, labor union, labor
`organization, or association acted willfully and with malice or reckless indifference to the
`
`http://www.nrtw.orglen/print/1079
`
`Page 2 of 4
`
`_4——__—
`
`

`

`nght to Work States: Florida
`
`11/20/15, 10:27 PM
`
`rights of others, punitive damages may be assessed against such employer, other person, firm,
`corporation, labor union, labor organization, or association.
`
`(2) Any person sustaining injury as a result of any violation or threatened violation of the
`provisions of this section shall be entitled to injunctive relief against any and all violators or
`persons threatening violation.
`
`(3) The remedy and relief provided for by this section shall not be available to public
`employees as defined in part II of this chapter. (Enacted 1974; amended 1997.)
`
`PART II. PUBLIC EMPLOYEES
`
`§ 447.301. Public employees' rights; organization and representation.
`
`(1) Public employees shall have the right to form, join, and participate in, or to refrain from
`forming, joining, or participating in, any employee organization of their own choosing.
`
`* * * * (Enacted 1974.)
`
`§ 447.501. Unfair labor practices.
`
`(1) Public employers or their agents or representatives are prohibited from:
`
`(a) Interfering with, restraining, or coercing public employees in the exercise of any
`
`rights guaranteed them under this part.
`
`(b) Encouraging or discouraging membership in any employee organization by
`
`discrimination in regard to hiring, tenure, or other conditions of employment.
`
`****
`
`(2) A public employee organization or anyone acting in its behalf or its officers,
`
`representatives, agents, or members are prohibited from:
`
`(a) Interfering with, restraining, or coercing public employees in the exercise of any
`rights guaranteed them under this part .
`.
`.
`.
`
`http://www.nrtw.org/enlpfint/1079
`
`Page 3 of 4
`
`
`
`

`

`Right to Work States: Florida
`
`1 1/20/15, 10:27 PM
`
`(b) Causing or attempting to cause a public employer to discriminate against an
`employee because of the employee's membership or nonmembership in an
`employee organization or attempting to cause the public employer to violate any of
`
`the provisions of this part.
`
`* * * * (Enacted 1974.)
`
`Terms of Web Site Use
`
`Related Links: National Right to Work Committee | National
`
`Institute for Labor Relations Research
`
`Copyright © 2015 National Right to Work Legal Defense Foundation
`National Right to Work Legal Defense and Education Foundation, Inc.
`8001 Braddock Road / Springfield, Virginia 22160
`(703) 321-8510 I (800) 336-3600 / (703) 321—9613 fax - general (703) 321-9319 fax - legal
`
`department
`
`Source URL: mpzl/Wwflngworg/en/right-work-states—florida
`
`http://www.nrtw.org/eerrint/1079
`
`Page 4 of 4
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`