National group demands Cape agency change its name

The Arc of the United States, a national organization that advocates for people with developmental disabilities, is demanding that the Cape Girardeau County Association of Retarded Citizens change its name because of trademark issues.

The local organization is one of four major not-for-profit groups affiliated with VIP Industries. It is the oldest of those groups, originally founded in 1958 by four Cape Girardeau residents -- Hilary Schmittzehe, Ralph Chitty, Jane Bodine and Alfred Jones -- as the Cape Girardeau County Association for Retarded Children. It is the agency that VIP uses to provide recreation, social services, case management, advocacy and other services to clients of VIP Industries.

The Arc of the United States sent Schmittzehe, chief executive of VIP Industries, a cease-and-desist letter demanding that the local organization change its name because it is not affiliated with the national group, said Dee Dee Eberle, director of chapter organizing and advocacy.

"That organization has not been affiliated with the Arc of the United States for decades," she said.

The national group first used ARC as an acronym in 1953, according to trademark registration documents available online from the U.S. Patent and Trademark Office.

The Arc of the United States has state and local affiliates. In 1993, Susan Wallis, senior vice president at VIP Industries, was one of three local people who incorporated The ARC of Missouri, which was an affiliated chapter at the time, Eberle said.

The ARC of Missouri changed its name to MARP in 2003, then changed it again to MRC of Missouri in 2004.

"Their affiliation as the state chapter went dormant," Eberle said. A new statewide organization with the same name is now operating.

In an interview this week, Schmittzehe said it was "no problem" to change the organization's name. "All the ARCs are changing their name or paying the national $3,600 a year. Our board didn't see $3,600 worth of benefit."

Cape Girardeau County ARC had $5.45 million in assets, of which $3.2 million was cash and investments, on June 30, 2009. It had revenue of $763,866 in the year that ended June 30, 2009, and $279,797 in expenses.

MRC of Missouri, which uses VIP Industries as a mailing address but does not directly serve any of its clients, reported $85,300 in revenue and $49,912 in expenses during the same period. It had $634,947 in cash and investments on June 30, 2009. Expenses included $10,253 spent on lobbying and $19,855 in rent, utilities and maintenance.

Wallis is the registered agent for and assistant secretary of MRC of Missouri.

The organization spends money on lobbying, Schmittzehe said, "to keep me out of Jefferson City. I used to be up there quite a lot."

She said the organization's services include working on federal policy issues, training on issues such as sustaining a local not-for-profit and professional development programs, among others.

rkeller@semissourian.com

388-3642