UNITED STATES DISTRICT COURT EASTERN DISTRICT OF OKLAHOMA

1. NATIONAL ASSOCIATION OF FORENSIC COUNSELORS, INC., a Nevada  Non-Profit Corporation, and 2. AMERICAN ACADEMY OF CERTIFIED FORENSIC COUNSELORS, INC., d/b/a AMERICAN COLLEGE OF CERTIFIED FORENSIC COUNSELORS, a Nevada For-Profit Corporation, Plaintiffs, v. 1. NARCONON INTERNATIONAL, a California Non-Profit Corporation, et al. Defendants. )))))))))))))))))) Case No. 14-cv-00187-RAW

PLAINTIFFS’ RESPONSE AND INCORPORATED BRIEF IN OPPOSITION TO DEFENDANT BEST DRUG REHABILITATION, INC.’S MOTION TO DISMISS

Respectfully submitted,

K 

EESLING

L

AW

G

ROUP

,

 

PLLC

 

 s/ David R. Keesling

David R. Keesling, OBA # 17881 Heidi L. Shadid, OBA # 22897 Sloane Ryan Lile, OBA # 21342 401 S. Boston Ave. Mid-Continent Tower, Suite 450 Tulsa, OK 74103 (918) 924-5101 Phone (918) 512-4888 Fax David@KLGattorneys.com Heidi@KLGattorneys.com Sloane@KLGattorneys.com 

 Attorneys for Plaintiffs National Association of  Forensic Counselors, Inc. and American Academy of Certified Forensic Counselors, Inc. d/b/a ACCFC of Certified Forensic Counselors

 

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Page 2 of 17 COME NOW, Plaintiff National Association of Forensic Counselors, Inc. (“NAFC”) and Plaintiff American Academy of Certified Forensic Counselors, Inc. d/b/a American College of Certified Forensic Counselors (“ACCFC”) (collectively “Plaintiffs”), by and through their counsel of record Keesling Law Group, PLLC, and pursuant to F

ED

.R.C

IV

.P. Rules 12(b)(2) and 12(b)(6) hereby submit Plaintiffs’ Response and Incorporated Brief in Opposition to Defendant Best Drug Rehabilitation, Inc.’s Motion to Dismiss. In support thereof, Plaintiffs state as follows:

 INTRODUCTION 

 This case emanates from Defendants’ theft of Plaintiffs’ logos, trademarks, certifications and established business reputation in order to bait vulnerable victims into the Scientology religion. Plaintiffs operate a certification board for forensic counselors. In order to operate the certification board, Plaintiffs have established a series of standards, skills, training and competencies required for professionals working with criminal offenders in addictions

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 to enhance the delivery of safe and effective treatment. This lawsuit involves the misappropriation and misuse of Plaintiffs’ logos, trademarks, certifications, and established business reputation by Defendants for the purposes of marketing Narconon programs for profits and promoting the Church of Scientology. Defendant Best Drug Rehabilitation, Inc. (“Best Drug”) was added to the Complaint based upon its specific role as a player in the conspiracy to utilize Plaintiffs’ logos, trademarks, certifications, and established business reputation to attract individuals into the Narconon Network and, consequently, the Church of Scientology.

 STATEMENT OF RELEVANT FACTS 

 

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 The addictions certifications are the only relevant certifications for the purposes of this case. However, Plaintiffs also promote competency and training in the areas of criminal justice, mental health and corrections.

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Page 3 of 17 Based on the overarching breadth of the conspiracy, and to avoid unnecessary duplication, Plaintiffs incorporate by reference their Response to the Motion to Dismiss filed by Defendant Religious Technology Center (“RTC”), as well as all concurrently and previously filed Responses to Motions to Dismiss. Specifically, Plaintiffs incorporate the paragraphs setting forth the common scheme run by RTC and the exhibits 1 – 26

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 referenced therein.

 For the clarity of the Record and for judicial economy, Plaintiffs are utilizing a continuous numbering  scheme and will be separately filing an appendix with the exhibits to all concurrently filed  Responses to the Motions to Dismiss rather than filing the exhibits piecemeal with the individual  Responses

. Best Drug is an active contributor in the scheme described in the Complaint by virtue of its participation in the misappropriation and misuse of Plaintiffs’ intellectual property with the obvious goals to further the profiteering of the Narconon Network and the Church of Scientology, at Plaintiffs’ expense. As set forth in the Complaint, Best Drug is a treatment and rehabilitation facility operating as a part of the Narconon Network run by Narconon International. [Dkt. 3 at ¶ 112]. Best Drug advertised on its website that Defendant Jason Burdge was a C.C.D.C., when in reality his certification expired in August 2010. [Dkt. 3 at ¶ 221]. In 2013, Mr. Burdge applied for his C.C.D.C. through NAFC, but was refused certification when  NAFC discovered Mr. Burge falsified his application. [See Denial Letter from NAFC, Exhibit “43”). Despite the cease and desist demanded by NAFC on April 1, 2013, Best Drug continued to post a scanned copy of Burdge’s defunct NAFC Certificate as recently as July 2013 on www.bestdrugrehabilitation.com. Thereafter, the credentials were removed from the

 .com

 website, but remained on Best Drug’s alternate, similar websites:

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 Plaintiffs will provide the Court with a courtesy copy of all continuously numbered exhibits for the Court’s convenience.

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