O’Brien County, Iowa (OCBTC) — The O’Brien County Engineer’s office asked for a budget amendment to their 5-year plan at this week’s meeting of the O’Brien County Board of Supervisors. They asked that spending for the current fiscal year be increased by approximately $102,000. The need for the increase is because culverts originally budgeted for future years were completed during this fiscal year. The engineer’s office needs to have the budget reflect that activity.
County Attorney Rachael Becker attended the Supervisor’s meeting to address a communication she received from Jacobs Vehicle Systems. Jacobs Vehicle Systems is a major marketer of engine braking systems also known as “Jake Brakes.”
Becker reported to the board that Jacobs Vehicle Systems asked the county to exclude the term used in the recently adopted ordinance “Jake Brake.” The company claims the term is a registered trademark.
Becker explained some simple legal trademark standards including that it is her belief that the term “Jake Brake” is a general term. She and Dennis Vanden Hul also noted that the term is used in similar ordinances of three other Iowa counties. Becker also pointed out differences in the use of the term in the ordinance and the physical appearance of the copyright, specifically all capital letters in the trademarked version and all 1 word.
The board decided not to amend the ordinance as requested.
A recap of the ordinance uses and prohibitions clarify that the ordinance cannot be used in all parts of the county. It also allows enforcement only when enforcement is posted for a specific area. Posting occurs by resolution of the Board of Supervisors. Any person or incorporated area can request the enforcement, but it must be to address any bona fide nuisance. Postings on state or federal highways must be done by IDOT and will be paid for by the requester.
Story courtesy of our news partner, the O’Brien County Bell-Times-Courier
