Big Canoe POA & Smoke Signals: Ownership Link Confirmed + NEW Trademark Debacle

Property Owners Need Answers / Transparency

This article contradicts recent public claims that “Smoke Signals is Independent” from the Big Canoe POA. It presents documentary proof that the POA has long exercised ownership over Smoke Signals, reveals a history of secret agreements, a previously unknown trademark transfer, and issues a public call to the POA Board and General Manager to release these undisclosed deals in full.

Spoiler: POA President Terry Stewart once again plays a central role in a secret Trademark Agreement — this time involving the “Smoke Signals” name itself.


The FOBC team presents this exposé in the form of a concise historical timeline. Supporting documents are available via the embedded links.

Timeline of Key Events

1979: The HOA is Incorporated

The Big Canoe Homeowners Association (HOA) was Incorporated in 1979 and operated the Smoke Signals newspaper. For over 20 years, it was a small, print-only publication.  Smoke Signals launched its first online edition around 2001.

January 28, 2015: HOA Still Active Under Original Name

As late as January 2015, the HOA filed a corporate update with the Georgia Secretary of State (SOS) under the name Big Canoe Homeowners Association, Inc.

May 14, 2015: Name Change to Smoke Signals

The HOA filed Amended Articles of Incorporation changing its name to Smoke Signals Community Services, Inc., effective July 1, 2015. Importantly, the entity’s Secretary of State Control Number (H900847) and IRS EIN (58-1357330) remained unchanged — legally confirming this is the same corporate entity as the original HOA. FOBC enlisted the help of the “BigCanoeDOGE-AI” team to generate a BCDoge-Report summarizing the legal implications.  We also have a direct visual comparison of 2014 HOA vs 2024 Smoke Signals 990’s.

May 20, 2015: Secret Agreement #1

The POA Board minutes state: “A motion to approve the Memorandum of Agreement (MOA) between Big Canoe POA and the HOA was made and passed unanimously 7–0.”  This was done in the 2 week period between May 14 and July 1, 2015.  This agreement has never been released publicly, and if still in effect would be fully binding on Smoke Signals Community Services, Inc. since it is legally the exact same legal entity as the HOA. The timing strongly suggests that it is directly related to the HOA -> Smoke Signals Community Services reorganization and name change.

2016–2017: The Trademark Trail (the Smoking Gun!)

  • On Jan. 18, 2016 the Big Canoe Property Owners Association (the POA!) filed a “Trademark Application” for the name “Smoke Signals”.
  • On Nov. 8, 2016, as part of the normal Trademark Process, the POA filed a “Publish for Opposition“.  In that document we see the following statements / claims:
    1. Goods and Services Information
      For Newspapers relating to current events in Big Canoe, Georgia
    2. First Use: 1979-5-16
      Use in Commerce: 1979-5-16
      Currently Use: Yes
      Note: 1979 is when “HOA” was incorporated, but this is the “POA” filing the Trademark, and claiming it has been using the Mark since 1979.
    3. Current Owner(s) Information
      Owner Name BIG CANOE PROPERTY OWNERS ASSOCIATION, INC.
      Address 10586 Big Canoe Jasper, GEORGIA
      30143
      Note: The POA is claiming ownership & use of “Smoke Signals” since 1979. Let that sink in.
  • On Jan. 24, 2017 the POA” was awarded the Trademark for “Smoke Signals”.
  • Also on Jan. 24, 2017 as a final part of the process, the POA” filed a “Section 8 Declaration of Use“.  In that document we see the following proposed name, data exactly as entered by the Applicant’s (POA) attorney:
    1. OWNER SECTION (proposed)
      NAME
      BIG CANOE PROPERTY OWNERS ASSOCIATION, INC
      DBA/AKA/TA/Formerly DBA SMOKE SIGNALS COMMUNUNITY SERVICES, INC.

The POA’s declaration under oath that it was doing business as “DBA” Smoke Signals Community Services, Inc., legally links the entities. 

Secret Agreement #2: The Trademark Transfer

September 25, 2023 – April 15, 2024

The above timeframe is documented in TEN (10) POA Board of Director Minutes of Special Meetings running from Sept 25, 2023 where the conversation begins with “the Big Canoe POA owns the Smoke Signals name (trademark).” all the way to April 15, 2024 where the matter ends “Terry Stewart presented the Smoke Signals Trademark transfer situation – completed”.

But there was a VERY IMPORTANT Board Meeting Minute of Special Meeting just prior, on April 15, 2024.  excerpt as follows:

Action 04.15.24-03: Terry Stewart made a motion to approve the transfer of the Smoke Signals Trademark, with conditions, to the Smoke Signals ownership group. Tim Moran seconded. Motion passed by a vote of 7-0.

Above is evidence of your Second “Secret Agreement”.  Sources tell me that Terry Stewart personally handled the “Transfer Agreement With Conditions“, and that the rest of the Board has never seen the actual Agreement.  This is similar to the “Big Canoe Trademark” situation, where there was an Assignment publicly filed with the USPTO, but the underlying Agreement with Mike Rhodes has never been shared.  Nobody knows the terms.  Terry Stewart did that one also, and at around the same time.  Similarly in this case, the only thing we have is the public “USPTO Assignment Filing(signed by Terry Stewart) where the POA assigns the “Smoke Signals” name to Smoke Signals Community Services Inc. – but we can’t see the private agreement with the actual terms.

Legal Implications

The legal entity now called Smoke Signals Community Services, Inc. is the same as the old HOA. The Control Number and EIN have remained unchanged since 1979. The POA filed for, held, and transferred the Smoke Signals trademark, directly contradicting claims of editorial and organizational independence.  The POA even claimed in Trademark filing (under oath) to be “Doing Business As” the Smoke Signals.  The Smoke Signals is increasingly seen as being nothing more than a mouthpiece for the POA Board. This raises serious questions about it’s ability to be a neutral participant in the Election Communications and Candidate Promotional Process.

Call to Action

FOBC is calling on the POA & Smoke Signals to:
1. Release the 2015 Memorandum of Agreement (Secret Agreement #1)
2. Release the 2024 Trademark Transfer Agreement with Conditions (Secret Agreement #2)
3. Fully explain to the Community the History & Ownership relationship between the POA & the HOA/Smoke Signals – with ALL other supporting documentation.
Transparency demands it. Credibility requires it.

Additional Findings

The Minutes of all POA Board Meetings going back as far as 1998 were analyzed.  What was revealed was a decades-long overlap between POA Board members and the HOA/Smoke Signals Board; and a long history of joint committees, and funding overlaps.  More recently, sources have made allegations of editorial influence by the POA.  The new BCResidents.com site recently did a nice editorial on this aspect.

In Closing…

As we celebrate the Fourth of July, we honor the work of citizen journalism. Groups like BCMatters.org, BCResidents.com, and FOBC (BigCanoe.org) uphold the First Amendment and protect truth in the local Community.  Also special thanks to the BigCanoeDOGE AI team; and very special shoutout to the New Big Canoe Property Owners Facebook Group < https://www.facebook.com/groups/bigcanoepropertyowners > for helping restore uncensored and fear-free communication within the Community of Big Canoe.

Always remember… no matter how strong and vibrant a local News Network is, all journalistic effort is for naught if the Citizens, or in this case The Property Owners, don’t act on the information they are provided – demanding answers and accountability from those that are supposed to serve them.


Peace,
– david / publisher / property owner
Focus on Big Canoe, GA
themtnsvoice@aol.com

* publications of The Mountains Voice

 

 

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