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'Memphre' name copyright?
This is a long article about a woman's attempt to copyright the name of an alleged monster in Lake Memphremagog, on the Vermont- Canada border.
Sometimes folk are stranger than monsters!
Story begins:
This is a long article about a woman's attempt to copyright the name of an alleged monster in Lake Memphremagog, on the Vermont- Canada border.
Sometimes folk are stranger than monsters!
Story begins:
NEWPORT CITY VT- One woman's campaign for exclusive rights to Memphre, the illusive Lake Memphremagog sea monster, has chilled free speech around the lake.
Newport resident Barbara Malloy has told journalists, writers and historians they cannot write about Memphre and its history without her permission.
Her attorney has written warnings to businesses not to use Memphre in any way. The chamber of commerce was a target.
The whole affair has made the fanciful history of Beautiful Waters -- the native name for Lake Memphremagog -- a little murky.
Local Legend, Local Feud
Memphre is the latest name of the sea monster in Lake Memphremagog. It was first mentioned in The Stanstead (Quebec) Journal in 1847. Sightings of the hump-backed, four-finned, long-necked creature have been recorded by "dracontologists" on both sides of the border.
Memphre is pronounced "mem-free." Diver and historian Jacques Boisvert of Magog, Quebec, said he coined the name in 1986, giving Lake Memphremagog's serpent the name recognition that Nessie of Loch Ness, Scotland, and Champ of Lake Champlain enjoy.
Malloy and Boisvert collaborated to collect sightings about Memphre, until they had a falling-out in the 1990s.
Now, Malloy runs a Newport-based International Dracontology Society. Boisvert has a society by the same name in Quebec.
It would be up to a court to decide which group has the trademark right to use that name for unpaid dracontology research in Newport - if anyone thinks it's worth the cost to find out, said Thomas G. Field Jr., professor of law at the Franklin Pierce Law Center in Concord, N.H.
Malloy claims a copyright to the name Memphre. While promoting her sightings and her society, she wants control of the idea, the research and what others write.
"I do not want you to write about it," she said Thursday. "Do not run a story about my Memphre, my copyright ... anymore."
Malloy would not comment further on the situation. Her attorney, Eric Benson of Burlington, could not be reached for comment despite repeated telephone messages this week.
Lawyers knowledgeable about intellectual property rights in the U.S. and Vermont say there's little Malloy could do to stop someone from opening a Memphre Carwash or selling Memphre Sandwiches. Neither would compete with her dracontology society.
In Magog, many businesses incorporate Memphre into their names, and they celebrate a tourist-oriented Memphre Day.
In the Burlington area there are Champ Chips, a Champ Carwash, and the Vermont Expos have a mascot called Champ, said Tom Shea, vice president for marketing of the Lake Champlain Regional Chamber of Commerce.
Yet in Newport, except for a display by Malloy in the Emory Hebard State Office Building on Main Street, the name Memphre might as well not exist.