As a writer I value my work even when others do not. A few years ago I wrote an impassioned plea to “Bring Back Victory Gardens”. Because my website did not receive a great deal of traffic at the time (I wasn’t yet the amazing rockstar garden author that I am today) and I believed that plea worthy of more exposure, I created this page on HubPages in the hope that it would draw more attention. Little did I know until this morning that it drew more than just attention, it drew a thief in urban homesteader’s clothing.
While being directly quoted is flattering as all hell, being stolen from is not. When your words are stolen by a member of the Dervaes Family and used as their own, it is even more flattering in a roundabout way. How is it that the family who are the self-proclaimed founders of the urban homestead movement couldn’t even find the original words to describe what they do?
Under ordinary circumstances I might have chosen to contact the Dervaes Family and quietly attempt to settle the matter but given their penchant for threatening letters and frivolous trademark registrations as well as their reputation for being terribly difficult to deal with directly, I made the decision to bring this problem to the public so that everyone might see just what this family will do when they think no one is watching.
Let’s begin:
Presenting The Evidence
I was contacted this morning by a commenter to my article “Bring Back Victory Gardens” [see also: Exhibit A] originally posted to this site in April of 2008 and updated on January 25, 2011. The commenter informed me that parts of this article had been lifted verbatim and were being used by the Dervaes Family on their website. The commenter further provided me with a link to the page.
NOTE: You can see the original comments on that piece were left in May of 2008 if you scroll to the bottom of the page.
That information led me to visit Copyscape, a website that searches for plagiarism on the Internet. EXHIBIT B is a screen capture that shows what was revealed in that search. As you will see there are 5 pages that have directly copied my content. The first is the HubPages site that I mentioned earlier and is my property. The other four are penned/stolen by a member of the Dervaes Family.
According to this link from the Internet Archive [see also: EXHIBIT C] my original article was posted online at some point in time prior to June 7, 2008 and was also screen capped by the Archive on July 23rd and August 3rd of that same year, both prior to this posting [see also: EXHIBIT D]made by Anais Dervaes on August 11, 2008, a full three months after the first Internet Archive capture. That blog post entitled “FUTURE OF URBAN AGRICULTURE” (in all caps) directly matches the name of the Facebook page from EXHIBIT B that is no longer available, leading me to believe that it was likely the Dervaes Family – and more specifically Anais Dervaes – who set up that Facebook page and added the stolen content there as well before taking the page down.
This is the same family who insisted that Facebook take down established pages that used their trademarked phrase “urban homestead”. Funny, but I don’t see how they can not be aware of what they are doing. It just appears that they somehow believe themselves to be immune. Unfortunately, they are wrong.
But wait, there’s more.
EXHIBIT E shows the main ABOUT page from the family’s Freedom Gardens (insert registered trademark thingie here) website. The same paragraph was lifted, again verbatim and without attribution. Still not convinced? What about EXHIBIT F, where they did it again?
Finally, I leave you with the final screen cap, from the website of Dervaes Family Patriarch himself, Jules Dervaes. You would think that an “Urban Farmer, Speaker, Founder of the Urban Homestead Movement” would be able to come up with original content when describing the topics about which he is available to speak [see also: EXHIBIT G]. Sadly, he needed to use a sentence that I wrote instead of writing one himself.
What Should I Get Out of This?
Perhaps I should be getting some of these public speaking requests?
Wonder if I should I be entitled to royalties from those speeches, or if I can add “Speech Writer for Jules Dervaes” to my resume?
It seems as though I should be entitled to some restitution seeing as I am a writer by trade and they are using work that I penned and should thus receive remuneration for. Best I can tell, their family has been receiving the benefit of my services for 935 days and I have as yet received no payment for those services rendered. At my going rate for contract writing I should have been paid $250 for each use of my work.
4 uses: $1,000
Because I did not receive payment for that work within my standard Net 30 time period, a late payment fee of 25% is assessed for each week the payment is late. That means my payment is, to date, 129 weeks late.
+129 weeks @ 25% late payment fee: $1,856.17* (see comment below for just how screwed up my math is here)
+mental cruelty, pain and suffering, loss of wages: PRICELESS
Okay, so I’ve been watching too many court shows lately but I think my point has been made. I’m also pretty sure my math is off but what do you expect, I’m a writer. I’m no good at math, I’m good at words. So good that even the mighty Dervaes Family feels the need to steal them.
In all seriousness, my work has been stolen and I feel that I should be paid for that. I have only placed this blog post on my public site to document the instances of theft adequately enough that I have legal grounds for further action should I deem them necessary.
Listen Up, Dervaes Family
You have bullied the gardening and urban homesteading community long enough. I’m not bothering with a cease and desist letter because it is far more satisfying to expose you for the unoriginal frauds that you are and let the people decide who they want to believe. Thankfully I have been a part of this community long enough to know that its members are not the sheep you take them for and your time of pulling the wool over their eyes has come and gone.
Sincerely,
Michael Nolan
EDITED TO ADD: In an ironic twist, Dervaes Family Member Justin (do I need a trademark symbol here?) wrote this blog post on plagiarism somehow preaching about it and its impact just a few days ago. Maybe he should converse with his sister…
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Michael, if I’m not mistaken, California law allows pursual of damages by page view, not by the number of words stolen or the amount of time you spent creating it. You’re taking about potential damages so far in excess of your estimate, it’s silly. Talk to an attorney.
My parents were growing vegetables in our suburban backyard in Frederick, Md over 50 years ago. I bet that if you do enough research these terms will pop-up all over the place. I believe the Dervaes’s need to get out more.
Go get’em Michael!
Seriously, you should go after them legally. They STOLE your work, while sanctimoniously lecturing others on plagiarism. Judging from their actions, your effort to shame them will have no effect otherwise.
The comments for Justin D’s Plagiarism post were never turned on. They didn’t just get closed.
Wait a second… Justin’s Plagiarism post has now been completely REMOVED from their site. :D
Arguing with the certifiable is frustrating, energy sapping, usually nonsensical and often, sadly ineffective. I think the route you have taken in public exposure is probably more effective. I have read that some of what they do is under their registration as a church, that’s bound to complicate matters somewhat.
I believe you would compound the interest, from week to week. A compounding 25% interest from week to week, would put you WAY up there in terms of dollars owed. Plus, if as a previous poster said, you are entitled to pay per page view. I DO hope you consult an attorney. Maybe you could get paid for your work AND have their trademarks terminated.
Good luck!
Well, at least *now* your well-written and well-deserving page will be getting lots of attention for you, where it always belonged.
Also, I would personally love it if you nailed them to the wall on this. Just sayin’.
Wonderful article! Thanks!!
well done and many thanks to the commentor who let you know…
The Dervaes have removed their blog post about plagiarism… BUT google has a cached copy. Want it? Find it here!
http://tinyurl.com/4ckrr3n
I wish I could call it “their own blog post” but the truth is that they copied it verbatim from another page (the one linked from the bottom) without properly citing their source.
Fascinating post and so well-written and succinct. I clicked the share thing and it is posted on my Facebook Profile now. I hardly ever watch tv but I watch Judge Jeanine Pirro (spelling?) fairly often. She features someone coming to ask her advice. That could be you!!! You have a well-documented and highly interesting situation. I’d love to see her response. Then there’s Good Morning, America and Jay Leno and lots of shows I don’t watch but many other people do. Go for it!!! And meanwhile, congratulations on your well-balanced presentation.
From Justin’s post on plagarism, he quotes Webster on the definition of plagarism, and one definition is: “The expression of original ideas is considered intellectual property” wherein he seems to believe that their trademark of ‘urban homesteading’ is their ‘original idea.’ They can’t prove that! I do hopes this goes to court and goes to court soon. I want this nonsense stopped. They are completely out of bounds no matter how much they value added to the term. I want to trademark ‘agriculture.’ I don’t deserve it, but I like the idea…
david
The post is back up. Here is a screen shot too. Lets not give them anymore page views if we can help it.
https://picasaweb.google.com/lh/photo/BZm29nTJIJwBnuQLXPIhLg?feat=directlink
GAAAAAH. *Shakes fist in air at the D family.*
It’s so funny that they plagiarized that whole post on plagiarism from the plagiarism web site.
What is WRONG with those people?! Ggggrrrr!
I went to the article on their page… they just updated it today with this
Edited March 4, 2011: We appreciate that the inadvertent omission of proper quotation punctuation and source citation has been called to our attention so that we had the opportunity to rectify this oversight.
Inadvertent my ass!
The Durvaes posted two nights ago about their current harvest totals… not one comment… no one cares any more… ironic the way they are already getting back what they gave… their whole business was based on their good reputation… but we all know they are NOT the good neighbors they pretended to be… just an institute of opportunists… how did they get tax exempt status???? oh, and that post on plagerism… what a joke… thanks for pointing this out, Michael
@queen of string, I agree that arguing with the certifiable leads nowhere fast. Yes, they are registered as a church and I found some incredibly revealing stuff in Jules’ book, “The Hidden Years”, which is available in pdf format from his website, here:
http://thehiddenyears.org/book-index/
Here are a couple of other pages from the site, it looks like they’re redirecting the home page and now the pdf download page, which was available only a few days ago, so I don’t know how long these will be up:
http://thehiddenyears.org/about/
http://thehiddenyears.org/proof/
My GRANDPARENTS farmed their homestead. My uncle is STILL farming that same land. I have had a garden or backyard garden for most of my life in some shape or form. I hardly think that I am copyng the Dervaes. Those people need to get a life. It appears that that are not doing well enough with the gardening and are asking for DONATIONS to help support them!
@ Marc – you are right…they have turned away the very people that supported them. It’s too bad, but that is what greed does to people. I have signed up over there, but now that I want to be removed from their rolls, I can’t get in touch with them. Sure hope they don’t use my name and email address for anything that what it was intended for.
Mr. Nolan,
I would advise you to sue. I normally would not take that stance but in the case of the Trademark trolls known as the Dervaes Family, it would be appropriate. I was brought here from a tech site called Techdirt, which mostly covers abuses of copyright, and trademark. The problem with the Dervaes case is that a trademark was granted at all. I think they should become familiar with what it is like to be on the opposite end of a C&D letter.
PS. Is 2.7 acres enough room to grow food to feed a family of 3 on the east coast?
I can find the “plagiarism” article by Justin on their site as of today. Talk about irony.
“inadvertent omission of proper quotation punctuation and source citation” Really? Well I guess we shall all just inadvertently start using Urban Homestead references.
“Little Homestead in the City”? It might not be a direct rip-off but it’s certainly derivative of “Little House on the Prairie” and “Sex in the City”. And… it just occurs to me what a strange mashup that actually is.
Well, I’m all for reading YOUR article instead! :)
When I first heard of the “urban homestead” ballyhoo, I did find it incredible that a term used for decades could be trademarked. But what do I know? Maybe it makes sense that a family business that would have the nuts to trademark this commonly used term would be the type to steal. I dunno. But shame on them- energy that could be used in increasing sustainable agriculture is now spent on in-fighting.
If you use Google’s book search, between 1940 and 1950, “freedom garden” was used as the replacement for “Victory Garden” by various people wanting to keep the home gardening movement strong.
They lose on prior art.
Wow, what a well written article. And as I’ve always said what comes around goes around.. oh and as my grandma always said ” practise what you preach”. I would contact an attorney the more people that go after them for these things the more they are going to realize they can’t get away with it. And what’s sad is that being a non profit they have had chances for grants and nuemorouse people have sent them money. The rest of us Home Garden Steaders :) Have had to do it on our own and with help of friends and family, we do it as a way to be self sustainable, to learn new skills and to teach them (often for free or in barter of learning a diffrent skill) They seem to do it for money. All respect has been lost. I hope you look further into this. And thank you for all of your writings!
My grandfather was born in 1895. His family had lived a completely self sufficient life on a farm in Marble Hill, Missouri since they first came here in the 1840s. I can’t see anything the Dervaes family does that he didn’t do better all those years ago. Except maybe their penchant for claiming others works as their own. I’m so disappointed in these people I hardly know where to begin. Kudos on your well written article, I hope you get the recognition you deserve.
“It’s so funny that they plagiarized that whole post on plagiarism from the plagiarism web site.”
Yeah, that would be hilarious. If it weren’t for the fact that the plagiarism web site has teh following disclaimer:
“REPRINT & USAGE RIGHTS: In the interest of disseminating this information as widely as possible, plagiarism.org grants all reprint and usage requests without the need to obtain any further permission as long as the URL of the original article/information is cited.”
It’s easy enough to find “Justin’s plagiarism post” online. It was just cut and pasted directly from the article that it linked to at the bottom “Read more @ http://www.plagiarism.org/plag_article_what_is_plagiarism.html”
I don’t remember him citing that he had simply cut and pasted another person’s work into his own blog. Now, what’s that called again…
Perhaps someone has thought of this before, but using Google’s Book’s ngram viewer (Where you can search a word or a phrase across google’s impressively huge library of books and papers) the phrase “Urban Homesteading has been around for quite some time:
http://ngrams.googlelabs.com/graph?content=Urban+Homesteading&year_start=1800&year_end=2000&corpus=0&smoothing=3
In one of the many references to “Urban Homesteading” is a reference to talkin 1974:
http://books.google.com/books?id=fhVPAAAAMAAJ&q=%22Urban+Homesteading%22&dq=%22Urban+Homesteading%22&hl=en&ei=ozJyTYmbA8fYgQeljOFH&sa=X&oi=book_result&ct=result&resnum=2&ved=0CDsQ6AEwAQ
Considering the family didn’t move back to the US until 1984 (see Jules about page on his site). One has to think that since “Urban Homesteading” is a term that has been used as a government program dating back to 1974, that their trademark is about 35 years late.
Well, the pain and suffering is worth it (to me anyway). I found your site because of this, and the comments on it at boing boing, and I’m researching ways to teach urban gardening to early childhood educators to add to a course I teach. THANKS
Do a DMCA to their webhost and to Google, Bing, and Yahoo. It isn’t difficult. The pages will be removed. I never tolerate people stealing my content, but I usually give them the opportunity to remove it without losing their indexing. In this case, I would not give that opportunity. If they want to use DMCAs, fine. You can find DMCA boilerplate by googling “DMCA letter.” Google has an online form you can use now. A DMCA to Google is very effective, since it removes the duplicate content from the web search results. Therefore, it profits the thief not at all.
Their web page now seems to correct the lack of attribution to your original source with quotations and this footnote:
*Edited March 4, 2011: We appreciate that the inadvertent omission of proper quotation punctuation and source citation has been called to our attention so that we had the opportunity to rectify this oversight.
The thing that I just can’t understand is how the Trademark and Patent office actually let this go through. Their sole purpose is to make sure that applications for trademarks are viable in the first place. It absolutely floors me that they could overlook something as commonplace as “urban homesteading”, with its lengthy history. Sheesh!
There is misunderstanding regarding trademark “Urban Homesteading”. It is in Supplemental Register that providing no exclusive rights on the phrase it self. See details on http://www.denverurbanhomesteading.org
Dervaes acts absolutely unethical and unlawful with his prohibition to use this phrase. This trademark must be cancelled because there is no way to convince Dervaes to stop his action. He lies that he doesn’t harm anybody – farmers of our local farmers market still can’t communicate with 2200 customers because our Facebook page was disabled by Dervaes order.
Fck em & feed en fishheads Mike.Sue the hell out of them.I would sure like to be around to watch if the shtf.They would probally be the first to get pillaged.HA HA .Keep up the good work bro, this crap always works itself out.
Hi Micheal,
I was wondering if you had seen this correction from Anais Dervaes yet and what you thought?
http://urbanhomestead.org/journal/2011/03/07/correction-2/#comments
Too Little too late?
Was following the links to “unlike” the Dervaes family on facebook (I had “liked” them many months ago, before all this controversy came to light). While on their page, I noticed what appeared to be a link mentioning the plagiarism of your site.
I’m going to provide a link because it’s the right thing to do – but I encourage most people to not click it, because that will increase the number of hits on their website. Below the link I have copy/pasted the body of the aletter itself:
[LINK REMOVED]
“Dear Readers
These last few weeks, the blogosphere and certain media outlets have been full of unfounded and false reports that have led to a smear campaign against members of our family. Unfortunately, there is much published misinformation, but one valid point was brought to my attention.
Back in 2008, I did some research about “Victory Gardens” for a post used on this( Little Homestead in the City) site and our sister site [LINK REMOVED]. I used three sources, citing two but omitting to credit one of the paragraphs (the content was that of a time-line and it was never my intention to claim these words as my own). See [LINK REMOVED] Yet a mistake was made and for that I am sorry and do apologize.
Right after the error was pointed out last week, I edited the post by adding the proper quotation formatting and source citation. I appreciated the chance to correct my mistake and rectify the inadvertent oversight.
Although the oversight was not brought to my attention in a private and direct manner, correction is correction and there is always room for improvement. So I hope to strive to be more careful, making sure I check for omissions, etc., in the future.
Thank you for allowing me the chance to correct my mistake.
Anais Dervaes”
The Dervaes family should be ashamed. Stop supporting these people with money and/or support. The plead the “simple” life and beg for donations but are already rich.
Wow, I am speechless. The Dervaes need a good spanking….or hell a punch in the face for all the bull they have put people through. Talk to an attorney, you have the two faced liars caught red handed!
How does one sub to your feed? There are no buttons on the site that I can see. I would love to get it delivered by email, if possible.
Thanks!
Lily
Lily,
You can subscribe here. And thanks for reminding me that I didn’t put the RSS feed link back up!
I think it is appalling that the US government would actually allow these trademarks to the Dervaes Family. These phrases are not original to them in anyway and have been around for years prior to their using them.
Maybe the homesteading community needs to start a petition to get these trademarks revoked.
And yes I think you should contact a lawyer in this matter.
The Dervaes family is still at it. I wrote a blog post on the subject today. A reader of mine contacted the Dervaes family directly asking about the issues, and they flat out denied that they have been taking legal action.
My Suburban Homestead is wrong. The Dervaes have not been taking legal action except for sending out letters LAST year and primarily only during one month. MSH is lying. The trademarks are only an issue to anyone who uses them in a COMMERCIAL way like for commercial blogs/goods/services and business names. Please read http://dervaestrademark.wordpress.com/
@Margaret right because we’re suppose to believe a wordpress blog by an unnammed individual. Why the need for Urban Homesteading Trademark Controversy & Dervaes Trademark to hide behind facebook & a blog. There would be more validity to his/her opinions if we better understood who’s interests they represent. Further you have provided no substantive proof that what My Suburban Homestead suggests is inaccurate.
Motion for Summary Judgment to cancel trademark URBAN HOMESTEADING is filed October 6, 2012 – copy is available on our website http://www.denverurbanhomesteading.org/ or USPTO website.
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