RESEARCH SUBJECT PREFACE: A New York Museum seeks to escape federal criminal indictments by ducking into a local federal court asking for forgiveness for its multitude of sins; including but not limited to its knowing name change from Remington to that of Frederic Remington® -  (See New York State public records), a federal registered famous Mark belonging to a Trust whose “exclusive right to use” famous trademark is duly registered in United States Patent and Trademark Office (USPTO), upon the Principal Register, (See United States Patent & Trademark Rules).   Indictments would likely involve the museum's unlicensed/unauthorized use of a United States registered famous Mark (Frederic Remington®) in violation of the laws of the United States.  Potentially to include documented museum violations of its charter, and federal 501 c (3) “not-for-profit” tax exempt status.  For its staff and directors operating  a “for profit” criminal enterprise.  A criminal enterprise engaged in counterfeit intellectual property rights BRANDING of goods, trafficking those counterfeit goods via US Mail and the internet, (Under NEW 18 USC 2320 felony acts). It is documented the Museum solicited others to become co-conspirators in the museum’s criminal counterfeit licensing businesses according to east coast FBI, and museum’s own filed complaint .  Per FBI the museum knowingly changed its collective corporate, foundation, and domain names to that of the federal registered famous Mark owned by the Trust.  This was done to further the museum’s criminal counterfeiting enterprise and to confuse the public as to the “source” of lawful Frederic Remington® BRANDED goods. The museum is engaged in illegal licensing out of the Trust’s exclusive famous trademark BRAND to others for mugs, spoons, apparel, luggage, harmonicas, etc. The museum once indicted has no one to blame but its own criminal enterprise operations for its woes, according to sources close to the museum.  The museum’s use of the famous federal registered intellectual property rights (IPR) of the Trust for money, (felony conversion) violates the laws of the United States.  Indictments may well result in the museum director and other key players all facing the mandatory 5 years in prison, with the museum entity made to suffer the mandatory federal prosecution incentive fine of $2 million dollars for a “first offense” under NEW § 18 USC 2320 anti-trademark counterfeiting law.  Museum counsel Ed Conan’s lawsuit exposes New York Senator James Wright. Senator Wright may be dragged into the fray as he is personally responsible for funding from state tax coffers the museum’s criminal IP counterfeiting enterprise to the tune of $150,000 dollars per occurrence, (“furthering a criminal enterprise”).   Additionally, the museum is now caught in felony cyber squatting the famous Mark, Frederic Remington® as well.  The museum changing from its domain www.remingtonartmemorial.org  to the Trust’s domain www.fredericremington.org., thereby denying the Trust use of its rightful registered trademark domain name, (FBI sources).  Per its own published website the Museum is no newcomer to such nefarious bad acts.  (See its self-authored self-documented acts and admissions). Detailing museum’s checkered past spanning its first 40 years in existence.  During which posing as a museum protector it was in actuality selling off "for personal profit" its entire collection of original Frederic Remington works (an admitted to number being 452 originals in one transaction alone- i.e., “an entire collection”), (another being the museum gift shop dumping even more Frederic Remington originals at .75 cents to $1.00 dollar each).   The sales and illicit gain there-from shocking to the nation's museum community, a violation of museum mandate,  today a charter violation.  In recent years the museum apparently low on originals began its criminal enterprise operations; that criminal enterprise today stands detected and those responsible face potential criminal indictments.  
Museum attorney Ed Conan’s hail Mary lawsuit to attempt an end run around the laws of the United States, and New York State criminal anti-trademark-counterfeiting statutes may not be enough to keep museum staff trademark counterfeiting king pins and cohorts from prison, $2 million dollars fines each for the museum, and restitution to the exclusive owner of the famous Mark, Frederic Remington® - the Trust.
 
Other cyber crimes in this case apply as well, such as the museum "offering" counterfeit Frederic Remington® BRANDED goods via the Internet.  Felony “Offering” counterfeit BRANDED Frederic Remington® goods via the U.S. Mail (“mail fraud”).  Accepting payment for the illegal goods via wire transfer of funds, (“wire fraud”).   Soliciting others to counterfeit/traffic Frederic Remington® BRANDED goods, (“solicitation”).  Attorney Conan’s filed complaint referenced museum counterfeiting "partners," i.e., museum co-conspirators, (“conspiracy to counterfeit”).  Conspiring to take by “theft and deception” proprietary Frederic Remington® Trust digital BRANDING files and clients (“licensees”).    Museum co-conspired theft of the Trust interests' federal copyright design sketches for luxury products included.  Museum use of those design sketches and stolen proprietary digital BRANDING files, with the copyright design sketches utilized by the conspirators in producing a sundry of counterfeit BRANDED Frederic Remington® goods.  Conan names one of the museum’s criminal enterprise manufacturers; co-conspirator J W Hulme Co.   
The Museum’s complaint implicates J W Hulme Co., owned by a certain Chuck "Charles" Bidwell and Jeniffer Guarano, per authorities.  Federal authorities documented proof Hulme/Bidwell/Gurano were under serious Intellectual Property Rights (IPR) Confidentiality and Non Disclosure Agreement (CDA) to Trust interests’ during Bidwell and museum's conspired guise as a to be established Frederic Remington® licensed NEWCO partner.  HulmeCo/Bidwell/Gurano engaged IP Owner interests in a 9 month long faux negotiation to “further a conspired criminal enterprise.”  Per Midwest FBI/ICE, the co-conspirators intent was to extract as much proprietary property, design, business method and trade-dress as possible from the Trust interests by theft and deception.  Meaning proprietary business methods in the form of digital BRANDING files, product designs, catalog layout design proven formats i.e., trade-dress, Frederic Remington IPR Owner interests' know how and marketing concepts. 
 
The museum and its lawyer Conan brought a lawsuit to cover-up what in good faith the IPR Owner interests were deceptively mislead to believe were legitimate negotiations.  Negotiations to develop under contracted confidentially a Frederic Remington® lawfully licensed- legally BRANDED and copyright designed luxury goods campaign. With J W Hulme Co. as  IPR Owner interests’ lawful licensee, partner and US based manufacturer.     Especially spurious is the museum and Hulme Cos' torturous interference claim, when it is they (the conspirators) committing torturous interference by changes of name, counterfeiting, trafficking, mail fraud, wire fraud and cyber crimes. Conspired acts meant to interfere with the commerce of the registered Marks, and the lawful trademark owners “exclusive right to use” famous Mark BRAND.   
Then there is the conspirators torturous business interference with the famous Marks law abiding legitimate licensees, who pay license royalties for their lawful-authorized-licensed "use" of the famous Marks to the IPR Owner interests.  Then there is the conspirators torturous interference with both potential as well as actual clients of the registered Mark owner.  The museum has caused losses in excess of $12 million dollars to the IPR Owner Trust interests in less than 24 months, given the museum’s $3 million dollar balance sheet it appears as the criminal prosecutions catch up with the Museum, Conan, and Hulme there may be little or nothing left when the feds are finished with them, (Under NEW § 18 USC 2320).   Further, museum in its complaint “stipulates to” torturous misleading of potential IPR Owner licensees "lured" to the museum.    Lured by the museum posing as the registered Mark (Frederic Remington®) owner.   Posing not just in Ogdensburg-geographically, but knowingly to the world via the Internet.
 
Synopsis: The museum for the purpose of luring and confusion as to the source of Frederic Remington® BRAND goods, did knowingly change its name and domain name to that of the Trust's famous Mark Frederic Remington® expressly for this purpose of furthering a criminal enterprise and to hurt the IP Owner, (FBI sources say).  The museum by changing its name and cyber squatting the famous Mark’s domain name (a felony) has willfully inflicted upon the lawful Frederic Remington® registered Mark owner; torturous interference in commerce, tortuous business interference, loss of revenues into the millions of dollars, a single business opportunity (lost License) front load of $4 million in 2006' alone, an earlier incident cost the Trust interests $8 million dollars in license royalties, public confusion as to the source of Frederic Remington® legitimate lawful licensee’s goods, loss of NEWCO partners, and U.S. based Frederic Remington® goods manufacturers.    The museum by posing as the Frederic Remington® IPR Owner (by name change, and domain squatting) – is engaging in luring away potential Trust interests’ licensees, misdirecting wishful licensees and actively dissuading wishful licensees as to the Trust's ownership of Frederic Remington® in willful attempt at conspired dilution of the famous Mark BRAND.   The museum is in violation of the laws of the United States by illegally importing and trafficking every manner of Chinese counterfeit Frederic Remington® BRANDED import junk for  museum felony ‘offering” (trafficking) operations.   Criminal operations for illicit monetary gain.    The museum associated big city gang counterfeiting of the BRAND, in the aftermath of 911 is grave cause for alarm.  Counterfeit BRANDED goods having been linked by law enforcement to organized crime funding, terrorist events funding internationally, and directly to the funding of 911 in this country. A $250 billion dollar industry in the US alone, $600 billion worldwide. The museum’s own course in furthering its checkered past may prove to be 2008’s headline criminal trademark counterfeiting/trafficking prosecution.
 
ResearchTwo finds:  Under the verified facts.   It would appear under NEW 18 USC 2320, America’s anti trademark and copyright counterfeiting law effected March 16, 2006.   This museum counterfeiter case is the case to criminally prosecute.  It would appear headline example should be made of this museum, its cronies and all others like them for felony trademark counterfeiting and trafficking an IP Owners BRAND and exclusive rights, (See Presidential declared trademark and copyright counterfeiting epidemic, with Congressman Knollenberg sponsor of NEW 18 USC 2320, and IPR enforcement Senators on the Hill, Bayh, and Voinovich concurring).
 
The acts were facilitated by museum directors and staff (felony trademark counterfeiters) having intentionally misused the word "museum," to garner an edge of faux respectability over that of a lawful United States Intellectual Property Rights Owner.  The museum adding the word “museum” in behind the museum’s illegal name change to that of the lawful IP Owner’s famous trademark Frederic Remington® naturally made it appear the “source” for Frederic Remington® famous Mark goods. Such acts of clear specific  criminal intent infringement of a famous Mark, also used in counterfeit BRANDING of goods which the museum staff and cronies then sell for illicit gains is felony trademark counterfeiting.   Such acts are clearly meant to facilitate museum torturous business interference upon the IP Owner Trust, to intercept the IP Owner’s potential business opportunities, to obtain by fraud, theft and deception another’s proprietary trade secrets and property, to convert exclusive IP Owner rights, to dilute exclusive IP Owner rights, and is meant to confuse the public as to the (rightful) source for Frederic Remington® BRANDED goods.  Clearly the museum’s acts are specific in intent, meant to felony convert an IPR Owner’s exclusive IP rights for money, to further a “criminal enterprise.”    Such acts demand vigorous criminal prosecution, asset forfeiture, fines, imprisonment for staff and restitution to the IPR Owner.   The museum staff (trademark counterfeiters) further misuse of the word “museum” in publicity (advertising) of museum counterfeited goods.  This confuses the public as to source of legitimate goods.   To change one’s name to facilitate such criminal enterprise, to facilitate felony “offer’ of counterfeit branded goods through the internet, the U.S. Mail, to accept Wired payment for the illegal goods, or to import the same counterfeit goods, constitutes multiple felony acts.   In this case museum director Ed La Varnway and museum staff’s criminal enterprise is funded by New York tax dollars appropriated by New York Senator James Wright and elected for the museum.   The Conan/museum complaint shows the criminal enterprise is both condoned and encouraged by legal counsel for the counterfeiters and co-conspirators Ed Conan of Syracuse, New York, who brought frivolous action in a New York court without jurisdiction it appears, errantly hoping to escape the inevitable, authorities say.

 
RESEARCH TWO   Investigative Report   June 02, 2008      www.frederickremington.com    © 2008