An ongoing battle between a local business and a larger, national company is still brewing.
“In early January, I received notice from a friend that Operation Underground Railroad was using my trademark Break the Chain and selling T-shirts, stickers and sweatshirts,” said Tammi Grove Burns, who owns Break the Chain Apparel in Stayton. “I contacted them to ask them to please stop and let them know that I had the trademark. I didn’t hear back so I sent a cease-and-desist letter explaining that I had the trademark.
“On Jan. 19, I received an email from OUR’s trademark attorney that their legal team wanted to reach out to me to discuss my letter and also discuss an amicable resolution,” she added.
Burns spoke directly to OUR’s attorney, Brian Tucker out of Utah, to ask what they proposed as an amicable solution.
“He told me that he wanted me to turn my head and ignore the fact that OUR was using my trademark and that they didn’t want to compensate me for anything,” Burns said. “I also found out that not only were they using it, they were actually filing for my trademark with the United States Patent and Trademark Office.”
Burns successfully filed a Letter of Protest to block the registration.
“The fight is not over,” she said. “They are continuing to sell T-shirts and sweatshirts with Break the Chain on them to date, ignoring the cease and desist, and ignoring the cancellation of the registration with the USPTO under those specific classes. It’s a huge form of bullying by a larger company.”
Founded in 2013, Operation Underground Railroad is a nonprofit involved in the rescue of human and sex trafficking victims, with a special focus on children and a wider goal of eliminating sex trafficking world-wide, according to Wikipedia.
Wikipedia reports that in 2020, a Vice News investigation found “a divide between [OUR]’s actual practices and some of its claimed successes.” The organization allegedly has a list of discrepancies that has led to a number of criminal complaints, according Wikipedia.
By press time OUR had not answered Our Town’s request for comments.
Burns filed for her Break the Chain trademark in 2006, and owns it to use on shirts, hats, stickers and motorsport entertainment.
“I’ve maintained my mark for 14 years,” she said. “I’ve had to defend it numerous times and have sent out dozens of cease-and-desist letters and have always been met with understanding, and the offender has stopped until now. I am not a wealthy woman, and I have given all I have emotionally, financially and spiritually. I have fought, cried, lost, won and helped all that asked.”
According to Burns, Break the Chain was started to shine a light on domestic violence, addiction, abuse, sex trafficking, suicide and violence.
“I stand for change,” said Burns, herself a former victim of domestic violence.
“I fight for what is right and just. We are being bullied by a company that wants to take what is not theirs. While I have nothing against what they do, I will not be bullied in business. I will fight with everything I have to protect what is ours.”
Burns wants people and business owners to know that “just because someone is bigger and has a larger bank account, it doesn’t give them the right to bully you or your business. Our country was built on tenacious small business people and standing up is how we Break the Chain.”
Unfortunately, to file a lawsuit against the national company Burns would need about $7,000, a cost that could go up to an estimated $30,000 on the low end.
“I cannot afford to financially fight them at this time,” she said. “I’m sure that is exactly what they were counting on.”
