Kentucky Tennessee Living©
Is a copyrighted trademark of Elvinstar Management LLC
Our Articles, including photos (unless otherwise noted), and Videos are copyrighted through the Creative Commons Attribution – Non-Commercial – No Derivatives 4.0 International License. Which can be viewed by clicking here.
The majority of our photos originate prior to 1923 and are therefore in the public domain as provisioned in the copyright act of 1996. Some photos come from “The Smithsonian Collection” these photos display the clearly discernible “sunburst” water-mark, and are also in the public domain. Even so, every effort is made on our part to accredit the original photographers of the photos in the Public Domain IF they are known. Some photos are used with the permission from the copyright holder, these photos are duly noted and accredited in the article or video in which they appear. Other photos may have come from the internet and are used with permission from the website owners, IF they could be contacted. Please check your email.
If for some reason permission was unattainable (check your email people, it might be in your spam folder) photos are used under the “educational fair use” clause of the copyright act of 1976 as we understand it.
The Consolidation Cavalier "Clean Coal" Logo
We now own this:
In 2010, after doing an extremely arduous and tiring search, we discovered:
That according to the National Copyright© and Trademark™ Division of the United States Patent Office. The Consolidation Cavalier “Clean Coal” Logo and “All of its Derivatives” were abandoned by its registered® copyright© and trademark™ owner(s) in 1982. The term “abandoned” means that the registered/trademark owner(s) failed to renew their copyright or trademark claim. Furthermore, after a claim is abandoned the original copyright/trademark owner(s) are then notified of the abandonment. The Owner(s) are then given a set amount of time in which to re-certify their rights and to reclaim their registered copyright and/or trademark. This “recertification claim” was marked “Canceled” in 1984.
This presented Kentucky Tennessee Living© with a rather unique set of circumstances and the proverbial Opportunity of a Lifetime…
Although the Logo originated prior to 1923, it originated as a patented and Registered® Trademark™ of The Consolidation Coal Company. This Trademark™ was passed to another business entity who renewed the registered trademark. The new company (Beth-Elkhorn Coal, llp) continued to use said trademark in association with the product (coal) it produced in “The Elkhorn Division.” Which they then “Abandoned” when the renewal date arrived. This was because one of the partners (Bethlehem Steel) had ceased operations in the Jenkins area. The other partner, Elkhorn Leasing (A subsidiary of CONSOL) then canceled the recertification in 1984 because they did not intend to continue “mining” in the area.
I go prospecting…
Although the logo originated prior to the “Public Domain” date (1923) established in the Copyright law of 1996. It DID NOT reside within the public domain due to the copyright transfer in the 1950’s and subsequent renewal in the 1960’s. Furthermore, because the copyright was “abandoned and canceled” in the 1980’s, it did not fall under the 100 year copyright provision of the 1996 law.
In the Fall of 2010, almost 100 years to the day that The Consolidation Coal Company began its construction project on the Little Elkhorn Creek. I started the process of “Staking a Claim” on the abandoned and canceled “Logo” and “All of its Derivatives.”
I announced My “Mining Claim” on my previous website – The Mountain Economist – in the Winter of 2010-2011.
Claiming a previously held copyrighted and registered trademark is an expensive, long, and arduous process. Especially IF that trademarked logo represented a product and not a company. What’s more, because Consolidation and then Beth-Elkhorn owned the Logo and “All of its derivatives,” we wanted to make sure that anyone legally using a derivative* could legally continue to do so when the logo was newly registered. In effect this “Notice” is the final hurdle and sometime in the Spring of 2022 we should receive notice of our Registered® and Copyrighted© Trademark™.
* As far as we know: The Jenkins Independent School System is the only entity that is authorized to use a derivative of the Consolidation Cavalier. The school was “granted” this “permission” by the Consolidation Coal Company when the school was established in 1912.