Below, see the response by New York Passive House to PHIUS’s cease-and-desist letter. (For an updated report on this controversy, see PHIUS Tries to Trademark ‘Certified Passive House Consultant.’)

Dear NYPH Member,

Earlier this week NYPH received a cease and desist letter from PHIUS attorneys (see here). Yesterday, a letter from Frank Taddeo Jr., the attorney retained by NYPH, was sent back in response (see here). Essentially, the letter has four points/objectives:

1. Clarify the current status of the alleged trademarks: there are no trademarks existing, contrary to PHIUS assertions.
2. State unequivocally that NYPH has never used a PHIUS email list and that the accusation is baseless.
3. To be clear that NYPH is no way in competition with PHIUS nor an agent of any entity in competition with PHIUS.
4. Given the above three points, any further action against NYPH by PHIUS will be frivolous.

With this most unpleasant exchange behind us, the NYPH board and membership will redouble our efforts toward building a strong and transparent Passive House community, based on a shared interest in building science, Passive House building specifically, and open knowledge sharing for the benefit of all.

Sincerely,
NYPH Board:
Andreas Benzing
Floris Keverling Buisman
Ken Levenson