Judge finds breakaway diocese infringed Episcopal TMs
A US judge has ordered a former South Carolina diocese of the Episcopal Church to change its name, after concluding the breakaway group was infringing the Episocopal Church’s trademark-protected diocesan shield.
On Thursday, September 19, District Judge Richard Gergel issued an injunction against the breakaway diocese, ordering the group not to use nine trademarks associated with the Episcopal Church and its The Episcopal Church in South Carolina, an affiliate of the national church.
The lawsuit, which was filed in March 2013, arose out of a schism in 2012, when then-bishop Mark Lawrence departed from the national church.
Subsequently, Charles vonRosenberg (the plaintiff in the suit) was installed as provisional bishop of the diocese.
“Bishop Lawrence has engaged in intentional use of the diocese’s marks, and has made misrepresentations of fact in conjunction with those marks that have caused consumers of religious services and charitable donors to be confused about bishop Lawrence’s affiliation, connection, or association with the diocese,” said the claim.
According to the church, Lawrence’s actions damaged vonRosenberg irreparably by “interfering with his ability to carry out his pastoral mission, to communicate with the followers of his faith, and to attract new followers and charitable contributions to the diocese”.
Last week, the court confirmed that the breakaway group had committed trademark infringement, trademark dilution and false advertising.
“The defendants have every right to disassociate from the The Episcopal Church and pursue their doctrine and community as they see fit, yet they may not leave with the plaintiffs' goodwill and marks generated over the course of over two centuries,” said Gergel.
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