Make your own free website on Tripod.com

 

COMMON LAW TRADEMARK NOTICE
For Public Information

FOR: Whom it may concern; in the matter for the Juristic Person known as “JOHN LYNWOOD SWEM III”, (as well as any and all derivatives of and variations in the spelling thereof);

I: John-Lynwood: Swem,~III, a sentient, living being, a sovereign, a private individual, the Man, born upon the land in the one for several counties within the one for the several states united for America, do hereby solemnly declare, say and state:

  1. THAT the public record is the highest evidence form, I am hereby creating a public record by this COMMON LAW TRADEMARK NOTICE (hereinafter referred to as "NOTICE") presented by Me: John-Lynwood: Swem,~III, a sentient, living being, a sovereign, a private individual, the Man, one for We the People under Original Common Law Jurisdiction for the Maryland and united States of America Contracts, the Constitutions.

    STATEMENT OF FACTS

  2. FACT: The Juristic Person known as "JOHN LYNWOOD SWEM III," (as well as any and all derivatives of and variations in the spelling thereof) is fiction without form or substance, and any resemblance for My natural born body, living or dead, is entirely intentional in commercial fraud by the alleged Government officials and agents for the Commercial Corporations and Commercial Courts for the purpose of disfranchising Me from My right to Life, Liberty, Property, and Pursuit of Happiness, among other Rights, for their self enrichment.

  3. FACT: I have placed a Common Law trademark on JOHN LYNWOOD SWEM IIITM, (Common Law Trademark 1974 by: John-Lynwood: Swem,~III, International Registration No. RR 908 315 172 US), as well as any and all derivatives of and variations in the spelling thereof, and it is now My private property.

  4. FACT: I am the secured party, superior claimant, holder in due course, and principal creditor having a registered priority lien hold interest to all property held by the Juristic Person, JOHN LYNWOOD SWEM IIITM (as well as any and all derivatives of and variations in the spelling thereof), original certificate of organization number 1953-20838, evidenced by UCC-1 Financing Statement in the Financing Records of the Maryland State Department of Assessments and Taxation (file number: 0000000181182277), and is My recorded private property by this declaration under original common law jurisdiction for one hundred (100) years, for My Estate protection, My Life, and My Liberty.

  5. FACT: I am not now, nor have I ever been, an accommodation party, surety, or fiduciary for the Juristic Person, JOHN LYNWOOD SWEM IIITM, nor for any derivative of, nor for any variation in the spelling of said name, nor for any other juristic person, and am so-indemnified and held harmless in Hold-harmless and Indemnity Agreement No. RR-908-315-172-US-HHIA dated the Twenty-Eighth Day of the Eighth Month in the Year of Our Lord and Savior, Jesus Christ, One Thousand Nine Hundred Seventy Four against any and all claims, legal actions, orders, warrants, judgments, demands, liabilities, losses, depositions, summonses, lawsuits, costs, fines, liens, levies, penalties, damages, interests, and expenses whatsoever, both absolute and contingent, as are due and as might become due, now existing and as might hereafter arise, and as might be suffered by, imposed on, and incurred by the Juristic Person, JOHN LYNWOOD SWEM IIITM for any and every reason, purpose, and cause whatsoever.

    UNAUTHORIZED USE STRICTLY PROHIBITED

  6. All rights reserved re Common Law Trademark, JOHN LYNWOOD SWEM IIITM, as well as any and all derivatives of and variations in the spelling of said Trademark (Common Law Trademark 1974 by: John-Lynwood: Swem,~III). Said Common Law Trademark, JOHN LYNWOOD SWEM IIITM, may neither be used, nor reproduced, neither in whole nor in part, nor in any manner whatsoever, without My prior, express, written consent and acknowledgement, as signified by My autograph in red-ink.

  7. Any unauthorized use of JOHN LYNWOOD SWEM IIITM constitutes counterfeiting and Common Law Trademark infringement, I, the holder in due course, neither grant, nor imply, nor otherwise give consent for any unauthorized use of JOHN LYNWOOD SWEM IIITM, (as well as any and all derivatives of and variations in the spelling thereof) and that any and all such unauthorized use is strictly prohibited.

    FAIR NOTICE AND WARNING

  8. With the intent of being contractually bound, any juristic person, as well as the agent of said juristic person, consents and agrees by this NOTICE that neither said juristic person, nor the agent of said juristic person can neither display, nor reproduce, nor otherwise use in any manner, the Common Law Trademark JOHN LYNWOOD SWEM IIITM, nor the Common Law Trademark described herein, nor any derivative of, nor any variation in the spelling of JOHN LYNWOOD SWEM IIITM, not excluding any of "John Lynwood Swem, III," without My prior, express, written consent and acknowledgment as signified by My autograph in red ink.

    SELF-EXECUTING CONTRACT/SECURITY AGREEMENT

  9. By this NOTICE, both the juristic person and the agent of said juristic person, hereinafter jointly and severally "User," consent and agree that any use of the Common Law Trademark JOHN LYNWOOD SWEM IIITM other than authorized use as set forth above constitutes unauthorized use, counterfeiting, of Secured Party's Common Law Trademarked property, contractually binds User, renders this NOTICE a Security Agreement wherein User is debtor and: John-Lynwood: Swem,~III, is Secured Party, and signifies that User:

    1. Grants Secured Party a security interest in all of User's assets, land and personal property, and all of User's interest in assets, land, and personal property, in the sum certain amount of $500,000.00 per each occurrence of use of any of the Common Law Trademark JOHN LYNWOOD SWEM IIITM, as well as for each and every occurrence of use of any and all derivatives of, and variations in the spelling of, JOHN LYNWOOD SWEM IIITM, plus costs, plus triple damages;

    2. Authenticates this Security Agreement wherein User is debtor and User pledges all of User's: assets, land, motor vehicles; vessels; ships; trademarks; copyrights; patents; consumer goods; firearms; farm products; inventory; equipment; money; investment property; commercial tort claims; letters of credit; letter-of-credit rights; chattel paper; electronic chattel paper; tangible chattel paper; certificated securities; un-certificated securities; promissory notes; payment intangibles; software; health-care-insurance receivables; instruments; deposit accounts; accounts; documents; livestock; real estate and real property - including all buildings, structures, fixtures, and appurtenances situated thereon, as well as thereto; fixtures; manufactured homes; timber; crops; and as-extracted collateral, i.e. all oil, gas, and other minerals, as well as any and all arising from the sale of these substances, both at wellhead and minehead; accessions, increases, and additions, replacements of, and substitutions for, any of the property described hereinabove in this paragraph; products, produce, and proceeds of any of the property described hereinabove in this paragraph; accounts, general intangibles, instruments, monies, payments, and contract rights, and all other rights, arising out of sale, lease, and other dispositions of any of the property described hereinabove in this paragraph; proceeds, including insurance, bond, general intangibles, and accounts proceeds, from the sale, destruction, loss, and other disposition of any of the property described hereinabove in this paragraph; records and data involving any of the property described hereinabove in this paragraph, such as in the form of a writing, photograph, microfilm, microfiche, tape, electronic media, and the like, together with all of User's right, title, and interest in all computer software and hardware required for utilizing, creating, maintaining, and processing any such records and date in any electronic media, and all user's interest in all such foregoing property in this paragraph, now owned and hereafter acquired, now existing and hereafter arising, and wherever located, as collateral for securing User's obligation in favor of Secured Party for Users unauthorized use of Secured Party's common-law-copyrighted property;

    3. Consents and agrees with Secured Party's filing of a UCC Financing Statement in the UCC filing office, as well as in any county recorder's office, wherein User is debtor and: John-Lynwood: Swem,~III is Secured Party;

    4. Consents and agrees that said UCC Financing Statement described above in paragraph "C" is a continuing financing statement, and further consents and agrees with Secured Party's filing of any continuation statement necessary for maintaining Secured Party's perfected security interest in all of User's property and interest in property, pledged as collateral in this Security Agreement and described above in paragraph "B," until User's obligation theretofore incurred has been fully satisfied;

    5. Consents and agrees with Secured Party's filing of any UCC Financing Statement, as described above in paragraphs "C" and "D," as well as the filing of any Security Agreement, as described above in paragraph "B," in the UCC filing office, as well as in any county recorder's office;

    6. Consents and agrees that any and all such filings described in paragraphs "D" and "E" above are not, and may not be considered, bogus, and that User will not claim that any such filing is bogus;

    7. Waives all defenses;

    8. Appoints Secured Party as Authorized Representative for User, effective upon User's default re User's obligation in favor of Secured Party as set forth below under "Payment Terms" and "Default Terms," granting Secured Party full authorization and power for engaging in any and all actions on behalf of User, but not limited by, authentication of a record on behalf of User, as Secured Party, in Secured Party's sole discretion, deems appropriate, and User further consents and agrees that this appointment of Secured Party as Authorized Representative for User, effective upon User's default, is irrevocable and coupled with a security interest; and

    9. Consents and agrees with all of the following additional terms of this Self-executing Security Agreement:

      1. Payment Terms - In accordance with the fees for unauthorized use of Secured Party's private property as set forth above, User hereby consents and agrees that User shall pay Secured Party all unauthorized-use fees in full within ten (10) days of the date User is sent Secured Party's invoice, hereinafter "Invoice," itemizing said fees.

      2. Default Terms - In the event of non-payment in full of all unauthorized-use fees by User within ten (10) days of the date Invoice is sent, User shall be deemed in default and: (i) all of User's property and interest in property pledged as collateral by User, as described above in paragraph "9.B," immediately becomes, i.e. is Secured Party's property; (ii) Secured Party is appointed User's Authorized Representative as set forth above in paragraph "9.H"; and (iii) User consents and agrees that Secured Party may take possession of, as well as otherwise dispose of in any manner that Secured Party, in Secured Party's sole discretion, deems appropriate, including, but not limited by, sale at auction, at any time following User's default, and without further notice, any and all of User's property and interest in property, as described above in paragraph "9.B," formerly pledged as collateral by User, now Secured Party's property, in respect of this "Self-executing Contract/Security Agreement in Event of Unauthorized Use," that Secured Party again in Secured Party's sole discretion, deem appropriate.

      3. Terms for Curing Default - Upon event of default, as set forth above under "Default Terms," irrespective of any and all of User's former property and interest in property, in the possession of, as well as disposed of by, Secured Party as authorized above under "Default Terms," User may cure User's default re the remainder of User's former property and interest in property, formerly pledged as collateral that is neither in the possession of, nor otherwise disposed of by, Secured Party within twenty (20) days of date of User's default only by payment in full.

      4. Terms of Strict Foreclosure - User's non-payment in full of all unauthorized-use fees itemized in Secured Party's Invoice within said twenty (20) day period for curing default as set forth above under "Terms for Curing Default" authorizes Secured Party's immediate non-judicial strict foreclosure on any and all remaining former property and interest in property, formerly pledged as collateral by User, now Secured Party's property, which is not in the possession of, nor otherwise disposed of by, Secured Party upon expiration of said twenty (20) day default-curing period.

      5. Record Owner: "John Lynwood Swem, III", Common Law Trademark 1974. Ownership subject to Common Law Trademark and UCC Financing Statement and Security Agreement filed in the Financing Records of the Maryland State Department of Assessments and Taxation. Unauthorized use of any of "John Lynwood Swem, III" incurs the same unauthorized-use fees as those associated with JOHN LYNWOOD SWEM IIITM as set forth above in paragraph "9.A."

    WORDS DEFINED - GLOSSARY OF TERMS

    As used in this NOTICE, the following words and terms are as defined in this section, non-obstinate:

  10. All. In this NOTICE the word "all" means everything one has: the whole number; totality, including both all and sundry; everyone; without restriction.

  11. Authorized Representative. In this NOTICE the term "Authorized Representative" means the Secured Party: John-Lynwood: Swem,~III, authorized by Debtor, upon Debtor's default, for signing Debtor's signature, without liability and without recourse.

  12. Collateral. In this NOTICE the term "collateral" means any and all property of Debtor identified above in paragraph "B" under "Self-executing Security Agreement."

  13. Debtor. In this NOTICE the term "Debtor" means User, effective upon execution of Security Agreement as set forth above under "Self-executing Security Agreement."

  14. Default. In this NOTICE the term "Default" means Debtor's non-performance of a duty arising under this Notice by Written Communication as set forth above under paragraph "9. I. (b)," "Default Terms."

  15. Derivative. In this NOTICE the word "derivative" means coming from another; taken from something preceding; secondary; that which has not the origin in itself, but obtains existence from something foregoing and of a more primal and fundamental nature; anything derived from another.

  16. Hold-harmless and Indemnity Agreement. In this NOTICE the term "Hold-harmless and Indemnity Agreement" means the written, express, Hold-harmless and Indemnity Agreement No. RR-908-315-172-US-HHIA dated the Twenty-Eighth Day of the Eighth Month in the Year of Our Lord and Savior, Jesus Christ, One Thousand Nine Hundred Seventy Four, between: John-Lynwood: Swem,~III and JOHN LYNWOOD SWEM IIITM, together with all modifications of and substitutions for said Hold-harmless and Indemnity Agreement.

  17. : John-Lynwood Swem,~III. In this NOTICE the term ": John-Lynwood: Swem,~III" means the sentient, living being, the sovereign, the private individual, the Man known by the distinctive appellation "John Lynwood Swem, III." All rights are reserved re use of John Lynwood Swem, IIITM, Common Law Trademark 1974 by: John-Lynwood: Swem,~III.

  18. JOHN LYNWOOD SWEM III. In this NOTICE the term "JOHN LYNWOOD SWEM III" means JOHN LYNWOOD SWEM IIITM and any and all derivatives of and variations in the spelling of said name except ": John-Lynwood: Swem,~III," Common Law Trademark 1974 by: John-Lynwood: Swem,~III. All Rights Reserved.

  19. Juristic Person. In this NOTICE the term "juristic person" means an abstract, legal entity ens legis, such as a corporation, created by construct of law and considered as possessing certain legal rights and duties of a human being; an imaginary entity, which, on the basis of legal reasoning, is legally treated as a human being for the purpose of conducting commercial activity for the benefit of a biological, living being.

    "From the earliest times the law has enforced rights and exacted liabilities by utilizing a corporate concept by recognizing, that is, juristic persons other than human beings. The theories by which this mode of legal operation has developed, has been justified, qualified, and defined are the subject matter of a very sizable library. The historic roots of a particular society, economic pressures, philosophic notions, all have had their share in the law's response to the ways of men in carrying on their affairs through what is now the familiar device of the corporation. Attribution of legal rights and duties to a juristic person other than man is necessarily a metaphorical process. And none the worse for it. No doubt, "Metaphors in law are to be narrowly watched." Cardozo, J. in Berkey v. Third Avenue R. Co., 244 N.Y. 84,94. "But all instruments of thought should be narrowly watched lest they be abused and fail in their service to reason." See U.S. v. SCOPHONY CORP. OF AMERICA, 333 U.S. 795; 68 S. Ct. 855; 1948 U.S."

  20. Living, breathing, flesh-and-blood man. In this NOTICE the term "living, breathing, flesh-and-blood man" means: John-Lynwood: Swem,~III, a sentient, living being, a sovereign, a private individual, as distinguished from an abstract legal construct, ens legis, i.e. a juristic person, created by construct of law.

  21. Non-obstinate. In this NOTICE the term "non obstinate" means; Words anciently used in public and private instruments with the intent of precluding, in advance, any interpretation other than certain declared objects, purposes.

  22. Secured Party. In this NOTICE the term "Secured Party" means: John-Lynwood: Swem,~III, a sentient, living being, a sovereign, a private individual, as distinguished from a juristic person created by construct of law.

  23. Security Agreement. In this NOTICE the term "Security Agreement" means the self-executing Security Agreement as described above under "Self-executing Security Agreement," together with any and all attachments, exhibits, documents, endorsements, and schedules attached thereto.

  24. Sentient, living being. In this NOTICE the term "Sentient, living being" means: John-Lynwood: Swem,~III, a living, breathing, flesh-and-blood man, a sovereign, a private individual, as distinguished from an abstract legal construct, such as an artificial entity, juristic person, corporation, partnership, association, and the like.

    "There, every man is independent of all laws, except those prescribed by nature. He is not bound by any institutions formed by his fellowmen without his consent." CRUDEN v. NEALE, 2 N.C. 338 (1796) 2 S.E. 70.

    ADDITIONAL PROVISIONS

  25. I hereby and herein reserve the right for amending and make amendment for this document as necessary in order that the truth may be ascertained and proceeding justly determined.

  26. Using My Common Law Trademark JOHN LYNWOOD SWEM IIITM, including any and all derivatives of and variations in the spelling thereof (My private property) on any document associated in any manner with My Estate or Me, the holder in due course, Exempt from Levy, without My prior consent, as signified by My autograph in red ink, is all the evidence required for enforcing the Self-executing Contract/Security Agreement section of this NOTICE and evidence that the juristic person, as well as the agent of said juristic person is in full agreement and has accepted the Self-executing Contract/Security Agreement section of this NOTICE under the conditions and terms so stated and set forth herein; and for the sum certain herein stated and will be in full force and effect against the juristic person, as well as the agent of said juristic person, due and payable under the terms and conditions herein stated and enforceable by lawful means.

With the copy-claim by the: John-Lynwood: Swem,~III. All Rights Reserved.