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  1. #5121
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    yes and no.

    Can use the names. can't use the registration numbers.

    The United States District Court in Nashville issued its opinion in the long-standing lawsuit between the Tennessee Walking Horse Breeders and Exhibitor’s Association (TWHBEA) and the National Walking Horse Association (NWHA). Judgment was entered in favor of the National Walking Horse Association (NWHA) on the claims of trademark infringement, unfair competition, trademark dilution, and intentional interference with business relations. The Court found each of these four claims were without merit and dismissed them in their entirety.

    TWHBEA’s remaining claim of copyright infringement was decided by Summary Judgment in January, 2007, when the Court held that TWHBEA’s Registry, Registry Certificates and Registration Numbers are protected by copyright. NWHA admitted use of the certificates to obtain pedigree information. For this infringement, the Court assessed statutory damages against NWHA in the amount of $31,000.00 and enjoined NWHA from soliciting or referring to the “TWHBEA Registry”, “TWHBEA Certificates” or “TWHBEA Registration Numbers” through any applications or websites.

    This ruling does not prohibit NWHA from using pedigree information nor does it negatively impact the NWHA Tracking Registry. The Court ruled that NWHA is not enjoined from requesting pedigree information from a horse owner. The Court was emphatically plain in stating the injunction does not extend to facts of a horse’s pedigree, name, markings or color. A horse owner may provide and NWHA may request pedigree information. This is a victory not only for the NWHA Tracking Registry but also for the owners’ right to use their own horses pedigree, name, color or markings.

    The National Walking Horse Association is committed to the preservation of the naturally gaited walking horse and zero tolerance for the practice of soring. Through NWHA’s Tracking Registry, the natural gait of the walking horse will be promoted and protected.



  2. #5122
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    Why is he unhappy with NWHA?



  3. #5123
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    IMO if the TWHBEA were to fail financially and go into bankruptcy then the pedigree data base would be a valuable asset of the estate and would likely be sold for a significant price. There are any number of potential bidders (including the proposed Performance Horse organization that's already tried to buy the Performance Division from TWHBEA).

    The failure of the TWHBEA would not be end of the TN Walker. Nobody rides papers. That said, the maintenance of a quality pedigree data base is essential for people to make intelligent breeding decisions. Registration papers also add cache' to a horse and, in fact, increase its market value.

    TWHBEA has painted itself into a tough corner. It's an open question as to whether or not they can get out of that corner.

    G.
    Mangalarga Marchador: Uma Raça, Uma Paixão


    1 members found this post helpful.

  4. #5124
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    And that's what I mean about their choice to take the data down with them. IF they choose that: they will go down on record as bigger asshats than anyone would have dreamed.


    3 members found this post helpful.

  5. #5125
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    Actually, it probably won't be their call. If they fail financially and are put into bankruptcy liquidation then the Trustee will gather all the assets, including the pedigree data base, and sell it to fund the liquidation.

    It is also conceivable, depending upon circumstances, that the TWHBEA could survive a bankruptcy and just be re-organized.

    No matter how you slice it we know it won't be a pretty process.

    G.
    Mangalarga Marchador: Uma Raça, Uma Paixão



  6. #5126
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    The TWHBEA should have made their registry a separate entity. The ASHA (American Saddlebred Horse Association) and the ASR (American Saddlebred Registry) are two different entities. Therefore no matter what happens to the ASHA the registry stands on it's own.


    1 members found this post helpful.

  7. #5127
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    Quote Originally Posted by katarine View Post
    Why is he unhappy with NWHA?
    The numbers are not the significant part of the registry IMO, the pedigree is and NWHA was allowed to use that.

    Nate was, in a previous post, upset with what he felt was NWHA lack of action/opinion on the political activities within the breed. That was early May. He posted something here and on another couple websites and Facebook pages.



  8. #5128
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    I wonder if they are just waiting on a fire sale, personally.

    The TWHBEA is ONLY the registry. they don't hold shows, they have no rulebook. So they can fail and sell the pedigree/stud book- and ideally there is a lawyer involved to oversee its dissolution.

    I assumed Nate was mad b/c NWHA didn't name something after him.


    3 members found this post helpful.

  9. #5129
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    My occupation of choice after returning back from Viet Nam as a Combat Medic was a Level 1 Trauma Center Emergency Room Registered Nurse, and floated the every department a hospital has, Chief flight Nurse on Helicopter Medivacs, and Lear Jet Long Range Transports, drove an paramedic ambulance to put myself through nursing school.

    I say all that for this reason, During the 1970's, 1980, 1990's in every facility I worked, not some ~~~ but every one! I was the only Black Male amongst my colleagues of all White Females.

    Everyone of the snipers here remind me of someone who always felt it their life mission to put me in my place, I was just too "Uppidy" for their taste...some here have said as much. "I like his information, I just don't like him"

    They get so angry at what I write, I see in their post the colors of yellow and green ~~~ they think they know all my motives of why I do what I do, who I am friends with, who I talk to ~~~ my personal feelings on issues.

    It is for no one here to tell me that absolutely everything I do I should do for the horse. "As long as he is for the horse" who are they to tell me how to order my life?

    Until I see their "HorseFax" of a membership card...they are as its been described "Clanking Bells" hollow, empty, there is no foundation of credibility or integrity to their thoughts, suggestions, mandates and indictments.

    They are on the outside Chunkin Rocks ~~~ trying to drive the car from the backseat.

    It really does not bother me what they say, it really does not, my retorts are to let them know "I see ya and you ain't all that"

    I purposely "Poke Em" for them to show their behinds and come after me, a tool I use to separate the "wheat from the chaff" ~~~ and what I see in that exercise is the horse is not their priority ~~~ its me,

    They really are infatuated with and love me, cuz they spend an inordinate amount of time fawning all over me,

    Here I come out here and report something and they then start all this mess directed at me...reminds me of the elementary school playground, where boys will be playing a sport or something and they run up and hit ya and run away giggling back to the group of the other girls standing watching.

    Now watch this ~~~ "I don't like you!, I hate you!" words to prove to the others that they are not really interested, but they come out on the next recess and do the same thing!

    I have not seen ONE THANG they have ever done in this business except to yak yak!

    Ladies, you have not earned the right to be as critical as you are, I feel pretty confident from their experience of "rat packin" that they were probably also in the crowd that beat us fellas up for serving in Viet Nam, their rhetoric is all so familiar with me ~~~ wanting to cuss me, spit on me, call me baby killer and all that mess of the gauntlet I went through just to go home (they actually did those nasty behaviors back in those dayz)

    Character assassination, being disruptive and calls for the attention to turn as many as they can against the one person who is here, YET if you notice how much information THEY THINK they have from surfing the internet.

    Who do you think Roy gets allot of his information from? Hmmmm, Do you have a standing date for lunch with him?

    So those who would like to hear it from "The Proverbial Horse's Mouth" I will continue to report to you what I see and hear with my assessment of the situation ~~~

    As a medical person, people's very lives hung in the balance on the accuracy of my reporting, whether ambulance, helicopter, Jet, or ER or any of the other units I worked, I pick up a phone or radio and tell the doctor what my assessment was and they acted on that information.

    I have been a professional witness for the courts, which relied on my ability to recount events and give my assessment,

    I will continue do that for those that are interested in facts, or my evaluation of the tones, body language, words, and actions ~~~ things they cannot see themselves..

    This will be my last talking to or about them...so ladies, you are persona-non-gratis to me ~~~~ you have the last word.

    The Preacher


    2 members found this post helpful.

  10. #5130
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    Preacher please.......for the sake of saving horses, don't make this all about you. There are many that appreciate what you have done and what you continue to do, but you are not the be all end all of the sound horse movement. This has always been a group effort and will continue to be. The US has never fought a war with just one arm of the military.....they use the Army, the Navy, the Marines, etc. It has taken, and will continue to take, actions from all sides. Those inside the organization and those outside the organization.

    I wish you well Nate, just as I do Keith and Cherie and Jennie and Teresa and all the thousands of people who have stood up for the sake of this breed. But there are things going on every single day that are started and pushed by people who have no interest in the show ring, people who have no interest in TWHBEA, heck even people who don't own one of our prized horses. The persons who reported Larry Whelon don't even own horses and could care less what happens down in Shelbyville. They just want people to not abuse the animals that have been intrusted to our care. So please don't suggest that the persons who tipped off the Blount County Humane Society are "clanking bells" just because they will never be a part of TWHBEA. No one must join that association to effect change. Change will come because we continue to fight the fight......inside and outside the arena.


    6 members found this post helpful.

  11. #5131
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    Farrier. Another domino.

    http://www.themountainpress.com/crim...s-June-12-2013

    "Blake Tanner Primm, 43, of 2385 McCleary Road, Sevierville, was being held on Blount County charges of cruelty to animals."

    http://blountmugshots.com/mug/blake-tanner-primm-1
    from sunridge1 Go get 'em Roy! Stupid clown shoe nailing, acid pouring bast@rds.


    3 members found this post helpful.

  12. #5132
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    Thank you for the update, WITW


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  13. #5133
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    Quote Originally Posted by WalkInTheWoods View Post
    Farrier. Another domino.

    http://www.themountainpress.com/crim...s-June-12-2013

    "Blake Tanner Primm, 43, of 2385 McCleary Road, Sevierville, was being held on Blount County charges of cruelty to animals."

    http://blountmugshots.com/mug/blake-tanner-primm-1
    The house..........it is a crumbling!



  14. #5134
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    Preacher - I totally get what you have been up to. And you have been busy. For sure it is not about you or any of the mentioned folks. You stand out for many things, being shy and standing on the edge are not two of them.

    I read your reports as just that. Your reports. Your personal recollections. I see your standing by your horse and your family as good things. Many of the posters here have family and horses we stand by. I see you as who you present yourself to be - and not a bad thing at all. Others say it is self serving - if so - than all who post here are self serving.

    People can read what you write for themselves. When others try to paint you in a color different than you present, well it reveals them more than it does the person they paint. So I need not characterize the critics comments further other than to agree the "don't make it all about you" is nothing but a thinly veiled personal attack. I mean how can anyone give a report without it being from their personal perspective?

    So when people plead for you to stop defending yourself as was done above well, I agree - it is just puzzling and left field elementary school stuff.

    "Knock it off" will fall on deaf ears for sure. Cause for some, it is their message board sport and purpose. You are right to write about that.

    And I guess so am I.

    Or am I??
    from sunridge1:Go get 'em Roy! Stupid clown shoe nailing, acid pouring bast@rds.it is going to be good until the last drop!Eleneswell, the open trail begged to be used. D Taylor



  15. #5135
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    If you are interested in supporting the versatility of the TWH, here's a chance:

    http://www.twhbea.com/13PDFs/13WVSclasssheet.pdf



  16. #5136
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    Quote Originally Posted by hurleycane View Post
    When others try to paint you in a color different than you present, well it reveals them more than it does the person they paint. So I need not characterize the critics comments further other than to agree the "don't make it all about you" is nothing but a thinly veiled personal attack. I mean how can anyone give a report without it being from their personal perspective?

    So when people plead for you to stop defending yourself as was done above well, I agree - it is just puzzling and left field elementary school stuff.
    Well, since this is apparently directed at me, I'll take a swing. There is more than one person on here who has a direct line to people who attend these same meetings. If the vein of the thread was limited to personal observations and perspectives from attending said meetings, then this would certainly be a much shorter thread.

    What some on this thread are doing is screaming "do it MY way" or else. I simply pointed out that there are plenty of ways to reach the same end goal and joining TWHBEA is certainly not the only option. You will NEVER hear me tell the majority of this particular thread that if they don't join TWHBEA, then their efforts are worthless......they're just "clanging bells" "yakking" etc.

    The fight for a sound TWH is a multifaceted attack. Everyone SHOULD be welcomed to fight the battle in the best way they can. No one should be cast out because they don't fight the battle the way YOU want them to.

    And just for reference, there was no thinly veiled attack. If you so choose to follow one man instead of an entire movement, then rock on. The rest of us have bigger fish to fry than playing patty cake with the TWHBEA.


    3 members found this post helpful.

  17. #5137
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    thank you

    Clean-up Tn.


    3 members found this post helpful.

  18. #5138
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    Quote Originally Posted by CleanUpTN View Post
    Well, since this is apparently directed at me, I'll take a swing. There is more than one person on here who has a direct line to people who attend these same meetings. If the vein of the thread was limited to personal observations and perspectives from attending said meetings, then this would certainly be a much shorter thread.

    What some on this thread are doing is screaming "do it MY way" or else. I simply pointed out that there are plenty of ways to reach the same end goal and joining TWHBEA is certainly not the only option. You will NEVER hear me tell the majority of this particular thread that if they don't join TWHBEA, then their efforts are worthless......they're just "clanging bells" "yakking" etc.

    The fight for a sound TWH is a multifaceted attack. Everyone SHOULD be welcomed to fight the battle in the best way they can. No one should be cast out because they don't fight the battle the way YOU want them to.

    And just for reference, there was no thinly veiled attack. If you so choose to follow one man instead of an entire movement, then rock on. The rest of us have bigger fish to fry than playing patty cake with the TWHBEA.
    Not many here share first hand experiences in the center arena that I know of.

    But I have not read these things as you have - obviously. So the chorus against Preacher - seems - gritty at best. And a lot of people seem to be at odds with each other here. A lot of people also have the "my way or highway" attitude - not just Preacher. But it seems to be like an open season on him and his posts. I think there is no call for it.

    So I spoke up about it.

    I pretty plainly stated why I sent my $$ on for TWHBEA membership. Belittle me if you must. Be at odds with me if you must. Your call.
    from sunridge1:Go get 'em Roy! Stupid clown shoe nailing, acid pouring bast@rds.it is going to be good until the last drop!Eleneswell, the open trail begged to be used. D Taylor



  19. #5139
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    No one is at odds on this thread except the collective 'oh shut up about YOU' toward Nathaniel "AbigNEGRO' the third wiseman Jackson. Dear Lord, that is so silly and foolish as to be funny. All 'we' collectively do is ask him/tell him/implore him to stop making it ABOUT him- and in turn what he does is call us witches, bell clangers, yakkers, children, and equates us to the Jane Fonda's of the world regarding Vietnam. If you can't tell the difference- that is your inability to read and see him for what he is.

    Ask yourself; Why is he NOT all about NWHA? i'm guessing it's because NWHA's sick of him and is glad he's bothering TWHBEA. GLAD as Hell he's in Shehville stomping around commanding attention rather than their offices and their meetings.

    I rejoined NWHA. TWHBEA can kiss it.

    Don't bother answering Hurl.. I must be at odds with you because you hold your enemies to a higher ethical and moral standard than you hold your friends and I think that's little weird, frankly.

    toodles .

    good night. I'm sick and tired of this patty cake game, too.


    2 members found this post helpful.

  20. #5140
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    Quote Originally Posted by CleanUpTN View Post
    Well, since this is apparently directed at me, I'll take a swing. There is more than one person on here who has a direct line to people who attend these same meetings. If the vein of the thread was limited to personal observations and perspectives from attending said meetings, then this would certainly be a much shorter thread.

    What some on this thread are doing is screaming "do it MY way" or else. I simply pointed out that there are plenty of ways to reach the same end goal and joining TWHBEA is certainly not the only option. You will NEVER hear me tell the majority of this particular thread that if they don't join TWHBEA, then their efforts are worthless......they're just "clanging bells" "yakking" etc.

    The fight for a sound TWH is a multifaceted attack. Everyone SHOULD be welcomed to fight the battle in the best way they can. No one should be cast out because they don't fight the battle the way YOU want them to.

    And just for reference, there was no thinly veiled attack. If you so choose to follow one man instead of an entire movement, then rock on. The rest of us have bigger fish to fry than playing patty cake with the TWHBEA.
    YES!!!!!! All day long.


    2 members found this post helpful.

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