Update: ASHI Defense in Court

[Dave Kogan]

InterNACHI sued and sought a default judgment against NAHI, an entity that had already voluntarily gone out of business and was not defending itself. Since ASHI was also negatively mentioned in the suit (but not as a named party), ASHI has vigorously opposed...READ MORE (http://www.homeinspector.org/files/NAHI%20Update.pdf)

[Raymond Wand]

One thing very important to remember about InterNachi and its leader; never believe everything you read put out by NG or through his communications director.

There are two sides to every story, sometimes three.

[Lisa Endza]

Update: ASHI lost in court: https://www.nachi.org/documents2012/InterNACHI-vs-NAHI-ASHI-motion-denied.pdf

Then ASHI lost again: https://www.nachi.org/documents2012/ASHI-loses-to-InterNACHI-again-2017.pdf

Two-time losers.

[Lisa Endza]

Nick Gromicko is now the Executive Director of NAHI: InterNACHI takes control of NAHI - InterNACHI (http://www.nachi.org/nahi)

[Jerry Peck]

Nick Gromicko is now the Executive Director of NAHI: InterNACHI takes control of NAHI - InterNACHI (http://www.nachi.org/nahi)

Nick is not the Executive Director of "THE" NAHI ... Nick is the Executive Director of "HIS NEW" NAHI ... because "THE" NAHI ceased to exist, there was nothing for Nick to become anything of ... Nick CREATED "HIS NEW" NAHI.

Misleading information ... makes you look bad ... I take that back ... "misleading information" is what we "expect" from you.

[Lisa Endza]

And on October 10, 2016 he adopted a new corporate song for NAHI: InterNACHI takes control of NAHI - InterNACHI (http://www.nachi.org/nahi)

[Raymond Wand]

Jerry,

Breath deeply, take deep breaths, that's it.. in, out, slow deep breaths.

Remember: Resistance is futile.

[Jerry Peck]

And on October 10, 2016 he adopted a new corporate song for NAHI: InterNACHI takes control of NAHI - InterNACHI (http://www.nachi.org/nahi)

As we have come to expect from you, more misleading information.

Nick has not 'taken control of' NAHI. Nick 'created a NEW business' with the NAHI name.

[Raymond Wand]

It's all a publicity stunt. Only Nick would think of something like this.

I really pity you Lisa for having to come here and disperse such nonsense. I would like to think that a public relations person would be more astute and have a personal ethical standard. Just saying.

[Robert Sheppard]

And on October 10, 2016 he adopted a new corporate song for NAHI: InterNACHI takes control of NAHI - InterNACHI (http://www.nachi.org/nahi)



You're doing it again.....you know....that thing where you believe you are qualified to comment but in fact are not.

[Scott Patterson]

The truth:

[Jerry Peck]

The truth:

Scott,

You really don't think Lisa or Nick care about ... "the truth" ... do you?

It is all just like Nick's company ... "marketing" ... say and do what you need to say and do to market yourself.

[Raymond Wand]

InterNachi square root equation of which Lisa steadfastly adheres too. Sums it up pretty nicely. :biggrin:

[Robert Sheppard]

Scott,

You really don't think Lisa or Nick care about ... "the truth" ... do you?

It is all just like Nick's company ... "marketing" ... say and do what you need to say and do to market yourself.


To be honest, most home inspectors don't care what the truth is.

[Garry Sorrells]

To be honest, most home inspectors don't care what the truth is.

Sadly you are speaking a truth. :(

It is odd that NAHI did not do something as to protect the use of their name by others after they went silent.

[Scott Patterson]

Sadly you are speaking a truth. :(

It is odd that NAHI did not do something as to protect the use of their name by others after they went silent.

What many are not realizing is that the NAHI name is a registered trademark. Right now nobody has access to it other than the owner. The owner has not relinquished any rights to the name or the NAHI website domain name.

All that has been done in CO is that the letters NAHI were registered with the state. That is it. You or anyone could go to KY, AZ or any state and do the exact same..

Folks need to do some research into what is required to obtain a trademarked name like this. It will required going to federal court, etc and a couple of years work to get it done. It is so sad that folks believe everything that they read on some sites. If you doubt the who the ownership of the true NAHI (National Association of Home Inspectors) just do a simple search at the USPTO website.. It takes minute or two and you will see that NAHI has three active trademarks. Then look at what it takes to transfer the ownership of the names, it is not an easy or quick process.

[Claude Lawrenson]

What many are not realizing is that the NAHI name is a registered trademark. Right now nobody has access to it other than the owner. The owner has not relinquished any rights to the name or the NAHI website domain name.

All that has been done in CO is that the letters NAHI were registered with the state. That is it. You or anyone could go to KY, AZ or any state and do the exact same..

Folks need to do some research into what is required to obtain a trademarked name like this. It will required going to federal court, etc and a couple of years work to get it done. It is so sad that folks believe everything that they read on some sites. If you doubt the who the ownership of the true NAHI (National Association of Home Inspectors) just do a simple search at the USPTO website.. It takes minute or two and you will see that NAHI has three active trademarks. Then look at what it takes to transfer the ownership of the names, it is not an easy or quick process.
Thanks Scott - looks to me like the trademark - NAHI National Association of Home Inspectors, Inc is still alive.
TESS -- Error (http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4808:mzyz2x.2.6)

[Raymond Wand]

It's just another publicity stunt. Keep the Nacho name out front, get the hits, generate discussion.

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[ROBERT YOUNG]

Ray, please answer some questions so I can get up to speed.
Members, I am asking out of curiosity and respect everyone and their views.

Plaintiff. Sept. 13th 2016
Mr. Blue entered an appearance on NANI defence.
Court entered an order granting NAHI extension of time to file as response.
NAHI failed to file a response.
There is a default.

Who is Mr. Blue?

[Raymond Wand]

Mr. Blue was representing NAHI and ASHI in the default judgement motion.

[ROBERT YOUNG]

I understand. I read much of what was offered.
Mr. Blue have any business standing or association/s with either?

[Raymond Wand]

Robert,
I don't have any further info.

[Claude Lawrenson]

I understand. I read much of what was offered.
Mr. Blue have any business standing or association/s with either?

It appears that Mr. Blue is identified in one of the INACHI suit documents:
Attorneys for Intervenor American Society of Home Inspectors:
Geoffrey N. Blue, Atty. Reg. No. 32684 Klenda Gessler & Blue, LLC

[ROBERT YOUNG]

Thanks Claude.
I will read the suite in full.

[Lisa Endza]

Mr. Blue was representing NAHI and ASHI in the default judgement motion.Correct. And lost both times in court against InterNACHI.

[Raymond Wand]

Correct. And lost both times in court against InterNACHI.
Lisa
You have already been caught posting incorrect information, so why should we believe your post now? Since the earlier posts which have been called into question have now been proven to be false, then this new info is now irrelevant as the first erroneous posts since it to is based on false info.

[Marc M]

Nick is not the Executive Director of "THE" NAHI ... Nick is the Executive Director of "HIS NEW" NAHI ... because "THE" NAHI ceased to exist, there was nothing for Nick to become anything of ... Nick CREATED "HIS NEW" NAHI.

Misleading information ... makes you look bad ... I take that back ... "misleading information" is what we "expect" from you.
haha, crickets...

[Lisa Endza]

ASHI lost to InterNACHI for a third time in court yesterday: https://www.nachi.org/nahi.htm

[Dave Kogan]

ASHI lost to InterNACHI for a third time in court yesterday: https://www.nachi.org/nahi.htm


How can ASHI lose to NACHI in court if ASHI is just an intervenor? It seems that you don't know the definitions of either term, so I'd like to help you out:

Definition of intervenor


: one who intervenes (https://www.merriam-webster.com/dictionary/intervenes); especially : one who intervenes as a third party in a legal proceeding


Definition of lose

: to fail to win, gain, or obtain <lose a prize> <lose a contest>


There are many definitions for the word "lose" and you keep using it incorrectly.

[ROBERT YOUNG]

There is a Plaintiff and Defendant.
Plaintiff(s) INTERNATIONAL ASSOCIATION OF CERTIFIED Hv.
Defendant(s) NATIONAL ASSOCIATION OF HOME INSPECTORS


The motion/proposed order attached hereto: (MOOT)
Default judgment is sought by Plaintiff against a party other than Intervenor ASHI; accordingly,

Intervenor (ASHI) "is neither required nor entitled to file a response."
Issue Date: 2/14/2017
THOMAS FRANCIS MULVAHILL
District Court Judge



We will have to wait several days, or longer.

FOR THESE REASONS, the court should "extend" ASHI’s time to respond to the
(Motion) through and including Friday, February 17, 2017, and grant ASHI all such further
relief as is just, proper, or appropriate.

Hope that helps.

[Dave Kogan]

And ASHI is neither the plaintiff or the Defendant. ASHI is an intervenor. Did you read the definitions posted above? Should I post the definition of "moot" for you?

[ROBERT YOUNG]

I can write to read.
Pretty self explanatory in my view.

Conferral: the undersigned counsel has conferred with counsel for plaintiff
(“InterNACHI”). InterNACHI believes that ASHI does not have standing to respond to the
motion for default judgment. However, to the extent the court finds it does have such
standing, InterNACHI does not oppose a 3-day extension through and including Friday,
February 17, 2017

[Garry Sorrells]

Don't feel like looking personally.

Was not ASHI named by internach in one of the original pleadings?? Thus their (ASHI) position on standing.

[Lisa Endza]

Was not ASHI named by internach in one of the original pleadings?? Thus their (ASHI) position on standing. But unfortunately for ASHI, the court disagreed with their position.

Hey, maybe ASHI can go back to court and lose for a fourth time. ;)

- - - Updated - - -

[Jerry Peck]

Yep. But unfortunately for ASHI, the court disagreed with their position.

Hey, maybe ASHI can go back to court and lose for a fourth time. ;)

- - - Updated - - -

I wonder if Brian would ban Lisa for being an instigator ... ?? :confused:

Nah, they pay for advertising, so that probably allows them to instigate posts and replies which add clicks to Nick's company. I am sure Nicky gladly pays for the pay per click cost.

[Lisa Endza]

.... uh huh. And ASHI still lost three times in a row.

Now if you'd like a sneak peek at what the InterNACHI lion is gonna do next, watch this: https://www.youtube.com/watch?v=cfHAiIq-Yeo

[Dave Kogan]

This is just sad and pathetic. Now Lisa doesn't know the definition of "lose". Just look it up yourself. Here's a link: https://www.merriam-webster.com/dictionary/lose. So sad that two people can't navigate the English language. I guess, perhaps, if you're going to write a post, you should at least use words you understand.

[Jerry Peck]

I guess, perhaps, if you're going to write a post, you should at least use words you understand.

Even "See Spot run." can be challenging to some.

First ... we need to clarify that there is a dog running.

That the dog has a name, and the name of the dog is "Spot".

Which is why that is not telling you to watch 'the spot on the dog' run, which, naturally, and of course, cannot 'run' - it is just a 'spot' of one color on a dog which is a different color ... and if a 'spot' did 'run', would it look like 'paint runs'?

Oh, the curses and difficulties of the English language.

:focus: (Wait, this may be the thread drift topic now?) :)

[Lisa Endza]

So Dave, if ASHI didn't lose three times in a row, are you claiming they won?

[Dave Kogan]

Lisa, are you claiming you can read? See Spot Run? ASHI is not the Plaintiff or the Defendant here. ASHI is an Intervenor. ASHI isn't losing anything. Maybe read first, and make TRUTHFUL (I know that's hard for you to do) statements later.

[Lisa Endza]

Dave incorrectly claims:
ASHI is an Intervenor.No they aren't. ASHI lost in its attempts to intervene in court.

Or are you claiming otherwise?

[Dave Kogan]

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[Jerry Peck]

Dave,

Think of Lisa as having an echo chamber between her ears ... based on what she has shown us here, there is nothing in there to stop the echoing ... all those things, sayings, sounds, and noises must be deafening to her and probably drives her mad ... which would account for her posts here ...

... I had not connected the dots together before, but that does explain her posts and the disconnect between what she starts to write (based on the titles) and then what she actually ends up writing (her actual posts).

I guess that means we need to 'feel sorry for Lisa'? Let's think about that for a minute ... Nah, no need to feel sorry for her, probably self-inflicted.

[Lisa Endza]

So Dave, if ASHI didn't lose in court, did they win? Are they now able to intervene on behalf of NAHI?

[Garry Sorrells]

Lisa, if your were blue could you still run like a frog???

[Lisa Endza]

Dave doesn't seem to want to answer the question.

Dave, if ASHI didn't lose in court, did they win? Are they now able to intervene on behalf of NAHI?

[Jerry Peck]

Dave doesn't seem to want to answer the question.

Dave, if ASHI didn't lose in court, did they win? Are they now able to intervene on behalf of NAHI?

I think we have a winner!

I am hearing that same echo Lisa must be hearing ... anyone else hearing that echo ... echo ... Dave ... Dave ... Dave ...

I say, Old Chap, Dave, if you don't respond that echo will echoing off the walls for all of us ... oh, wait, you did respond ... oh-oh ... oh, dear, that must mean Lisa has gone mad from the echos in her head ... I think we have a winner on that one too. :)

[ROBERT YOUNG]

NAHI is made whole again and non members want to argue the point?

[Garry Sorrells]

NAHI is made whole again and non members want to argue the point?

No, I think it revolves around the identity theft of an organization. The decedent being NAHI, who's name and identity was coveted by NACHI. Upon the death of NAHI the body and name was claimed by NACHI/Nick G.. ASHI being the only one present with connection to the decedent they tried to intervene in the theft of the body and its' identity by NACHI. Then the thief claims that in the decedents name, an executive director is named by the thief. If no one rises to point and say that the thief is not the decedent then no one would ever know and the identity is then solidified. Even if you exert the argument that a clone was created from the decedent the clone is still not the decedent.

If you do not think that NACHI did not covet the NAHI name then why is NACHI so close in title. You may take an opposing opinion, but from the outside looking in that is as it appears.

[ROBERT YOUNG]

No, I think it revolves around the identity theft of an organization. The decedent being NAHI, who's name and identity was coveted by NACHI.
Those are unformed assumptions.

InterNACHI stopped the deplorable, and resurrected the association AND ITS GOOD NAME.

I followed enough of what transpired to know the members were duped and the association left in ruin.
With that comes members looking for another association to call home and all association saw those members as prospective new members.

Question Garry, anyone else try to bring NAHI back from the brink?
No need to answer.
InterNACHI resurrected NAHI and will do whats right.

Best.
Robert

[Jerry Peck]

NAHI is made whole again and non members want to argue the point?

"NAHI is made whole again"

Robert, what world do you live in?

[ROBERT YOUNG]

"NAHI is made whole again"

Robert, what world do you live in?

Jerry, the same world most of us live, excluding Trump, or at least I hope so.

Made whole again. "to pay or award damages sufficient to put the party who was damaged back into the position he/she would have been without the fault of another."

Let us see what happens with NAHI.

Best.
Robert

[Scott Patterson]

Jerry, the same world most of us live, excluding Trump, or at least I hope so.

Made whole again. "to pay or award damages sufficient to put the party who was damaged back into the position he/she would have been without the fault of another."

Let us see what happens with NAHI.

Best.
Robert

Question? NAHI is no longer. They have no money. They have no corporation, it was dissolved. Just where is the money going to come from?

As for the NAHI name, trademarks and domain name they are owned by an individual who has no plans on selling them to anyone.

[Jerry Peck]

Jerry, the same world most of us live, excluding Trump, or at least I hope so.

Made whole again. "to pay or award damages sufficient to put the party who was damaged back into the position he/she would have been without the fault of another."

Let us see what happens with NAHI.

Best.
Robert


Question? NAHI is no longer. They have no money. They have no corporation, it was dissolved. Just where is the money going to come from?

As for the NAHI name, trademarks and domain name they are owned by an individual who has no plans on selling them to anyone.

Robert,

Do you now see what you were missing ... or are you still not "getting it"?

There "is no" NAHI to be "made whole" ... regardless how many different states Nicky incorporates a new corporation into and uses those letters, and, in fact, the trademark holder could enforce the trademark against the illegal use of the trademark if they so choose.

If I were the NAHI trademark holder I would consider selling it to Nicky for an amount of money that each NAHI member who was a member going back to the date of Nicky's company's inception would receive a monetary award from Nicky of ... say ... a minimum of $500,000.000 ... so, let's have some fun, shall we?

Let's pick a number out of the air, say 1,500, as the number of NAHI members so affected ...

1500 x 500,000.00 = 750,000,000

Add to that an amount to compensate the trademark holder for all the troubles Nicky gave then, say, $10,000,000.00, for a total of
$750,000,000.00
+ 10,000,000.00
$760,000,000.00

Let Nicky buy the NAHI trademark for that amount (adjusted as necessary to equal the number of affected NAHI members).

Now, wasn't that fun?

:welcome:

:pop2:

:brick:

[Claude Lawrenson]

Thanks, simply put - "A dissolved corporation ceases to legally exist."

[Lisa Endza]

On March 17, 2017 ASHI lost to InterNACHI in court for a 4th time in a row: https://www.nachi.org/nahi.htm