Despicable and sad behavior.
Just wanted the larger OC community to be aware of the slime tactics being used by Charles Nichols (CNReporter, examiner author, California Right To Carry group organizer).
Since I left California I left the running of SBOC to a group of individuals in California who have been working diligently to establish SBOC as a non-profit organization. It has been slow going as they are all volunteers and been wanting to do it correctly without rushing.
Out of the blue Charles Nichols decides to register SBOC with the state by himself and is now threatening all SBOC members and directors with legal action unless they stop using "South Bay Open Carry".
These tactics are despicable and I hope you all take this to heart before dealing with any organization that Charles is affiliated with.
I am TRULY sorry for ever defending Charles in any manner as he clearly had me deceived, thinking he had good intentions with 2A advocacy and was a decent individual.
All existing South Bay Open Carry media is now dedicated to the history of the South Bay Open Carry Movement which I founded.
A new 2A group supporting open carry in the Los Angeles area (South Bay) will be started shortly so stay tuned for that...
I'm sad that I'm no longer in California to fight this fight, but there is only so much I can do from Virginia.
Email's from Charles to SBOC:
South Bay Open Carry is a registered nonprofit with the State of California.
Unauthorized use of the term "South Bay Open Carry," or similar sounding names is a criminal offense.
You are not authorized to use the term "South Bay Open Carry" in any way including, but not limited to; articles of clothing, correspondence, websites, printed or electronic media, banners, fliers, membership cards and your booth at Fiesta Hermosa.
An intellectual property claim has been filed with Facebook. Your website www.SouthBayOpenCarry.org and any other use of the name "South Bay Open Carry" is unauthorized. You must immediately cease and desist use of the name "South Bay Open Carry."
President South Bay Open Carry
California Registration Number 12359
Also note his personal attacks, this is not about advancing 2A rights. This is about his personal vendetta against individuals in the 2A community who have different opinions than him.
"Charles Nichols" <CharlesNicholsXR@Pykrete.info> wrote:
My nonprofit application for South Bay Open Carry, originally submitted two days after the Pasadena rally has finally been processed and certified by the California Secretary of State. Registration was certified August 22nd. I received the certification letter today.
As you have done many good things and my hands will be full with the PC 12031 lawsuit and Craig Huey's next election campaign, I hope you will continue on.
The Yollins and Mindy Costa will not be associated with South Bay Open Carry. Indeed, it is a crime for any unauthorized person to use the name of "South Bay Open Carry" or any similar name. They are not, and will not be authorized.
Please let me know what you decide.
Despicable and sad behavior.
Harley, let me start by saying thank you. Thank You for starting SBOC and doing so much in such a short period of time to promote our rights and educate so many in the South Bay area.
You have much to be proud of and nothing to be sorry for. CN, I'm sure, fooled a lot of people into believing he was an asset to the open carry movement. As it turns out, he has an entirely different, twisted, self-serving agenda that has nothing to do with our rights and everything to do with his self inflated ego.
It is very commendable that you are still concerned and involved as much as you are in the California movement considering that you have moved so far away.
Because of the strong group that you created and nurtured, I am sure that the fight will continue and the movement will continue to grow, regardless of what the group is called.
We need to tell him how much we disapprove of his tactics
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"Gun owners in California in 2011 are like black people in the south in 1955. If you don't understand that then your concepts of fighting for gun rights is just tilting at windmills." Gene Hoffman.
"Why do you need to carry a gun?" ...Because it not a Bill of Needs, its a Bill of Rights!!
EDIT: Actually the first thing I'd do is verify if this email is true. Check to see if SBOC has been registered with the state. If it has, is it registered by Charles Nichols? Is there a way to challenge registrations?
Something tells me that somebody can't register a name and claim it is his own if that name has been in use for some time. I'd recommend talking to a lawyer, based on information from that meeting I would either ignore him or file a lawsuit against him. I'd also contact his employer and question their hiring of a person engaged in such behavior.
Last edited by bigtoe416; 08-31-2011 at 01:29 PM.
If that's legit, and Mr. Nichols submitted that, then he perjured himself when he submitted the registration form: http://www.sos.ca.gov/business/other...lp-una-128.pdf
Contact the Attorney General's office and the Secretary of State.I declare under penalty of perjury under the laws of the State of California that I am a chief officer of the association; that I am authorized to act on behalf of the association with respect to completing and submitting this application; that the information contained in this application is true and correct.
Register your new name, like he did with your old one.
A citizen may not be required to offer a ―good and substantial reason-- why he should be permitted to exercise his rights. The right‘s existence is all the reason he needs.
If true (and I have no cause to believe it isn't), what a[nother] sad, pitiful act by Nichols.
I'd like to extend, publicly, my personal support for the real SBOC organization and its leadership. If I can help those folks get through this mess, I'll do whatever I can, as I mentioned to Chau earlier.
Secretary, Calguns Foundation
Member, CRPA Board of Directors
Join me in making regular monthly tax-deductible donations to the Calguns Foundation and help us advance gun rights in California today!
Unless explicitly stated otherwise, all comments are my own and not the approved position of any organization, nor should they be considered legal advice.
to register a website or name you actually have to have some type of legal involvement correct? I mean, on his application he had to put a reason he was registering it right? Can't someone contact law enforcement and advise them there might have been some sort of fraud commited on his application? If he used US postal mail then that's another possible charge? I would have thought he would have to have his application notarized as well... California has pretty strict rules about that so that's another direction....
Seriously though.... what a scumbag.
Last edited by nomidlname; 08-31-2011 at 09:21 PM.
Isn't that the same guy who fleeced a bunch of people for a lawsuit represented by another scumbag? Honestly I keep my expectations of people pretty low but this guy has some serious gall.
Hope you get your organization back and I especially hope it doesn't cost you too much to do it.
Wow, Charles Nichols. I had to pop in here when I read about him. I was in the SBOC group for a while, ready and willing to help out, did some very minor stuff like registered mail for Harley. Had big plans. Then an email went to the group that I saw as spam and I pointed it out. Lo and behold the wonderful CHARLES NICHOLS comes out to berate me to the entire group. As he seemed to carry more weight and authority than I did, I decided to leave the group. Karma. It's a wonderful thing.
Perhaps those who are actual members of South Bay Open Carry should ask to have their money refunded if they donated to Mr. Nichols ill concieved lawsuit challenging 12031.
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Just because someone has a registered trademark does not mean he can stop anyone and everyone from using. I have 2 registered marks. Anyone that used the marks before me and continued to do so has the right to continue to do so. I cannot stop them even though I registered the marks. If they discontinue use, THEN I have some leeway in stopping their use but it's still not guaranteed.
From what I've read, he cannot stop you from using the name but I don't think the State would recognize two non-profit organizations with the same name.
So if I register as Charles Nichlos Open Carry, can I bar him from using "Charles Nichols"?
Seriously now, what a jerk this guy.
It takes a few before it becomes updated in the SOS website and can take months. Be prepared to challenge. I am here and will check on this when I get a chance this week.
I do not know why Charles could not find his own name. I know of others who have used the same name of other organizations to create confusion or out of retaliation as we see here.
I will not support Charles anymore past this point and would ask others not to as well.
Why would Charles do this? Is there more to the story? Are we to believe he did this completely out of the blue? What would he gain? Is there some sort of in-fighting going on here? What am I missing here?
"Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin