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Community Christ v Devon Park 4 09

Community Christ v Devon Park 4 09

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Published by religionclause

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Published by: religionclause on Apr 29, 2009
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11/11/2013

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IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF MISSOURIWESTERN DIVISIONCOMMUNITY OF CHRISTCOPYRIGHT CORPORATION et al.,)))Plaintiffs,))vs.)Civil Action No. 4:08-CV-00906-GAF)DEVON PARK RESTORATIONBRANCH OF JESUS CHRIST'SCHURCH et al.,)))
)
Defendants.)
ORDER GRANTING PRELIMINARY INJUNCTION
On April 15
th
and 16
th
of 2009, the Court held a hearing on Plaintiffs' Motion forPreliminary Injunction (the "Motion") (Docket No. 8). Plaintiffs appeared by and through theircounsel, J. David Wharton, Mark M. Iba, and Elizabeth A. Tassi of Stinson Morrison HeckerLLP. Defendants appeared by and through their counsel, Ron L. Holt and Julie J. Gibson of Brown & Dunn, P.C. Having considered the evidence presented and arguments submitted at thehearing and in Plaintiffs' Motion and Suggestions in Support (Docket No. 9), Defendants'Opposition to Plaintiffs' Motion for Preliminary Injunction (Docket No. 33), and the ReplySuggestions in Support of Plaintiffs' Motion for Preliminary Injunction (Docket No. 42), theCourt hereby rules as follows:
Findings of Fact and Conclusions of Law
Plaintiff Community of Christ Copyright Corporation owns all right, title, and interest inand to federal Collective Membership Mark Registration No. 956,687 for RLDS, federal ServiceMark Registration No. 3,188,759 for REORGANIZED CHURCH OF JESUS CHRIST OF
Case 4:08-cv-00906-GAF Document 77 Filed 04/23/2009 Page 1 of 10
 
2
LATTER DAY SAINTS, federal Service Mark Registration No. 3,173,265 for REORGANIZEDCHURCH OF JESUS CHRIST OF LATTER DAY SAINTS PEACE (and design version 1),federal Service Mark Registration No. 1,044,453 for PEACE (and design), and all correspondingcommon law rights in the marks. Plaintiff Community of Christ owns all right, title, and interestin the unregistered mark REORGANIZED CHURCH OF JESUS CHRIST OF LATTER DAYSAINTS PEACE (and design version 2). The design marks are displayed below:Reg. No. 1,044,453Reg. No. 3,173,265Unregistered MarIn August of 2006, Plaintiffs heard that Defendants were using the name ReorganizedChurch of Jesus Christ of Latter Day Saints on their sign. In November of 2007, Plaintiffs wereshown a photograph of Defendants' sign during the discovery phase of a related litigation. OnOctober 16, 2008, Plaintiffs received a letter from Defendants stating that Defendants wereusing and intended to continue using Plaintiffs' marks on signage, literature, church bulletins,and advertisements. Defendants' current sign, erected outside of their church building, readssubstantially as follows:
 
Case 4:08-cv-00906-GAF Document 77 Filed 04/23/2009 Page 2 of 10
 
3Plaintiffs sent a letter to Defendants requesting that they cease and desist from usingPlaintiffs' marks. Defendants did not respond to Plaintiffs' letter because Defendants had nointention to stop using the marks. As a result, Plaintiffs filed suit against Defendants for,among other things, trademark violations under 15 U.S.C. § 1114 and 15 U.S.C. § 1125.Subsequently, Plaintiffs discovered that Defendants have also used Plaintiffs' marks on abronze seal mounted in their church sanctuary, on a flag hanging in their church sanctuary, invarious business meeting minutes, newsletters, and social event flyers, on their website, inperiodic ads placed with the Independence Examiner, and on baptismal, priesthood, and babyblessing certificates. Defendants did not ask for or obtain authorization from Plaintiffs to usethe names, seals, or marks in any manner.
Plaintiffs have met the legal standards for the imposition of a preliminary injunction.They have shown (1) a likelihood that they will succeed on the merits; (2) a threat of irreparable
Case 4:08-cv-00906-GAF Document 77 Filed 04/23/2009 Page 3 of 10

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