Uploaded! 20238622 18:32 Filed By ESLATE on bshal of Barf 91282 RDREWRY Reference: EF-128474 VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF LYNCHBURG JERRY L. FALWELL, JR,, Individually and as Co- Trustee of the Dr. Jerry L. Felwell Family Trust, Petitioner, JONATHAN P. FALWELL, as Co-Trustee of the Dr, | 8° No. Jerry L. Falwell Family Trust, Serve at: rest, Virginia 24551 Respondent. FE TRUSTER 1, This Petition for Disqualification of Trustee (“Petition”) seeks the Court’s intervention to enjoin Respondent, Jonathan P. Falwell (‘Jonathan” or “Respondent”), as a co- ustee of the Dr, Jerry L. Falwell Family Trust (the “Lrust”), from exercising his authority over ‘Trust affairs as it relates to a subject for which he has a clear conflict of interest: the ‘unauthorized use by Liberty University (“Liberty”) of certain intellectual property owned by the ‘Trust (the “Trust IP”. 2. Liberty has recently undertaken an extensive promotional campaign that has infringed the Trust’s rights in its intellectual property and damaged the Trust. Upon information and belief, Liberty's infringement will continue unabated unless the Trust takes legal action. Jonathan is unable to execute his fiduciary duties to the Trust with complete loyalty to the‘Trust’s interests as it relates to Liberty’s use of the Trust IP because he is a trustee, an employee, and a high ranking official of Liberty, among other facts alleged herein, 3. Indeed, Jonathan previously acknowledged his conflict of interest and agreed to recuse himself from these matters, But, after the Trust filed an infringement action in federal court against Liberty, Jonathan attempted to interfere with the lawsuit end claimed his consent was needed for the action to proceed, which he now asserts the Trust does not have. Liberty now claims the action may not proceed as a result and that the Trust cannot defend itself from Liberty's infringement of the Trust IP, Upon information and belief, Liberty secks to disrupt the ‘Trust’s ability to enforce its intellectual property rights so that Liberty may lay claim to them for itself, 4, Accordingly, this Court's intervention is needed to avoid destruction to the Trust IP as a result of Jonathan’s conflict of interest, and Plaintiff respectfully requests that this Court disqualify Jonathan from exercising his powers as co-trustee as it relates to Liberty's use of the ‘Trust IP. ‘THE PARTIES 5. Petitioner, Jerry L. Falwell, Jt. (‘Jerry” or “Petitioner”, is a citizen and resident of Virginia, He currently resides in Bedford County, inginia. Along with Jonathan, he i of two co-trustees of the Trust and, together with Jonathan and their sister, Dr. Jeannie Falwell ies of the Trust. Rivers (“Jeannie”), one of three benefi 6. Jonathan is a citizen and resident of Virginia, He currently resides in Bedford County, Virginia. Along with Jerry, he is one of two co-trustees of the Trust and, together with Jerry and their sister Jeannie, one of three beneficiaries of the Trust.SURISDICTION AND VENUE 7. This Court has subject matter jurisdiction over Respondent pursuant to Virginia Code § 17.1-513. 8. This Court fas personal jurisdiction over Respondent pursuant to Virginia Code § 642-711. 9. Venue is proper in this Court pursuant to Virginia Code § 8.01-262 because Jonathan was named a trustee, along with Jerry, following the death of Jerry L, Falwell, St. “Dr, Falwell”) in the City of Lynchburg. FACTUAL BACKGROUND ‘The Trust IP and Dispute with Liberty 10, The Trust owns certain intellectual property held by Dr. Falwell while he was PLL trademark as well as alive. The Trust IP includes the federally-registered JERRY FALW. Dr. Falwell’s rights to his name, picture, and portrait (¢,g., Virginia Code § 8.01-40). 11. During his lifetime, Dr. Falwell used the Trust IP in commerce in connection with the advertising, promotion, and sale of @ variety of religious goods and services. He expanded his brand to the point of widespread national recognition through decades of television and radio programming and extensive media coverage. Dr. Falwell used his JERRY FALWELL trademark in commerce in connection with multiple commercial pursuits relating to religious ‘goods and services, including religious education and instruction, nationally-broadcast television and radio programs, publication and national distribution of newsletters, books, and home video, and religious travel services. These pursuits collectively generated multiple millions of dollars. 12. Recognizing its value, Dr. Falwell was very protective of how his JERRY FALWELL trademark was used and how his brand was depicted. Across his various businessand religious pursuits, ineluding Liberty, Dr. Falwell consistently exercised control over the use ofhis trademark and name and image in each instance, Whereas other religious leaders like Oral Roberts and Bob Jones founded universities named after themselves, Dr, Falwell intentionally did not do that with Liberty — which otherwise underwent two name changes over the decades presenting multiple opportunities. While Dr. Falwell was deeply proud of Liberty, he did not wish for his brand to be confined to a single institution of higher learning alone, but to extend beyond academics. ‘Thus, Dr. Falwell never transferred to Liberty any right to use the JERRY FALWELL trademark, or Dr, Falwell’s name and image, in any way Liberty saw fit, 13. On January 14, 2003, Dr. Falwell applied to register the JERRY FALWELL trademark with the United States Patent & Trademark Office (“USPTO”) — not in the name of Liberty, but in his own name. On January 10, 2006, the USPTO registered the JERRY FALWELL trademark, with registration number 3039870, The registered mark covers the following goods and services: “Newsletters in the field of moral and religious issues and events; Retailing services via computer and direct response retail services by means of commercials featuring religious items; Educational lecturing and teaching services, namely, religious instruction and teaching in the field of religious studies; Preaching and counseling, namely, ministerial services.” A copy of the federal registration of the JERRY FALWELL trademark is attached hereto as Exhibit A. 14, After Dr, Falwell’s passing in 2007, ownership of the JERRY FALWELL trademark, including specifically Registration No. 3039870, and Dr, Falwell’s rights to his name and image under Virginia Code § 8.01-40, passed to the Trust for the benefit of Dr. Falwell’s children, as Dr. Falwell wished and pursuant to his Last Will and ‘Testament. A copy of the assignment of the JERRY FALWELL trademark to the Trust is attached hereto as Exhibit B.15. Dr. Falwell founded Liberty University in 1971 and was a high-ranking official of Liberty from that point until his passing in 2007. Upon Dr. Falwell’s death, Jerry became President of Liberty and served in that capacity until his resignation in fall 2020, 16. At some point after Jerry's resignation as President, commencing no later than October 2021 and continuing thereafter, Liberty initiated an extensive promotional campaign that repeatedly employed the JERRY FALWELL trademark, as well as Dr. Falwell’s name and image, in such a manner as to likely create confusion regarding the relationship among Liberty, the JERRY FALWELL brand, and the Trust. In this regard, Liberty systematically deployed the ‘Trust IP across multiple media platforms it uses to advertise and promote Liberty (including print, digital, web, social media, and other audiovisual content, including commercials), and for purposes of trade, to create a false association among consumers. The Trust did not authorize ot ‘consent to Liberty's usc of the Trust IP and its acts of infringement, 17. Liberty's attempts to sow confusion were so thorough and extensive that Liberty even copied Dr. Falwell’s own handwriting to create a custom font for Liberty to use in advertising (including in the title of a magazine cover); created footprint engravings from a pait of Dr, Falwell's shoes to adom a JERRY FALWELL walking tour path on its campus; and presented the public with renderings of a “Jerry Falwell” hologram meant to be a walking, talking, interactive version of Dr. Falwell. Upon information and belief, Liberty intends to create and use this hologram for various purposes. 18 As part of this campaign, Liberty also wrongfully exploited the JERRY FALWELL trademark in advertising plans to open the JERRY FALWELL CENTER as a new welcome center for future students that will be used to promote Liberty, Renderings of the welcome center show the JERRY FALWELL trademark prominently affixed on the building’sexterior using Dr, Falwell’s own handwritten signature, Upon information and belief, the JERRY FALWELL CENTER will make extensive use of both the JERRY FALWELL trademark and Dr. Falwell’s name and image — including the aforementioned “hologram.” While Liberty has paid some lip-service to honoring Dr. Falwell’s legacy, in both private and public statements, Liberty has revealed that it plans to use the JERRY FALWELL CENTER as promotion for Liberty University and for the purpose of attracting students to enroll at Liberty and to improve student retention through the completion of their degree program, 19, Upon information and belief, through both the opening of the JERRY FALWELL CENTER, as well as its advertising and promotion for the welcome center, Liberty intends to confuse consumers into believing that Liberty — including its JERRY FALWELL CENTER — is endorsed or sponsored by, or otherwise associated or affiliated with, the JERRY FALWELL brand and the Trust. But, the right to establish and operate and to benefit commercially from the JERRY FALWELL CENTER, and to use the JERRY FALWELL trademark to advertise and promote such a center, is the Trust’s right — not Liberty's. Nonetheless, Liberty is cashing in on the JERRY FALWELL trademark through its advertising and promotion of the JERRY FALWELL CENTER, Through its infringing website, JERRYFALWELLCENTER.COM, Liberty advertises and promotes its sale of so-called “naming opportunities,” ie., the right to have a room in the JERRY FALWELL CENTER named after an individual. Upon information and belief, Liberty is offering for sale the naming rights to 11 different rooms or areas in the JERRY FALWELL CENTER in exchange for extraordinary sums of money. 20, Upon information and belief, Liberty's conduct is the result of a concerted effort by members of its Executive Committee, prominent evangelical associates of certain members of the Executive Committee and Liberty’s other senior leadership, to encroach on the Trust'sexclusive rights to the JERRY FALWELL trademark for the purpose of squatting on those rights and undermining the Trust’s ability to control how Liberty uses the JERRY FALWELL trademark, and Dr, Falweil’s name and image, in commerce. B. —_ Jonathan’s Conflict of Interest 21, Jonathan Falwell suffers from a clear conflict of interest with respect to Liberty's use of the Trust IP. As a co-trustee of the Trust, he owes fiduciary duties to the Trust and all its beneficiaries to protect and maximize the value of the Trust IP. He is also a high ranking oficial, trustee, and employee of Liberty, which is infringing and damaging the ‘Trust IP. 22, For over 30 years, Jonathan has served, and continues to serve, as a trustee on Liberty’s Board of Trustees. 23. From April 2021 through the present, Jonathan has also served as Liberty's campus pastor/chaplain. 24, In 2010, Jerry as President of Liberty appointed Jonathan as Liberty's Vice Chancellor for Spiritual Affairs, a position he held until March 2023. 25, In Mareh, 2023, Liberty announced that it had promoted Jonathan to Chancellor of the University, which position he continues to hold, 26, In 2023, Jonathan also took a position on the Executive Committee of Liberty's Board of Trustees, which position he also continues to hold. The Executive Committee is presently comprised of seven individuals and controls Liberty when the full Board of Trustees, which meets twice annually, is not in session. 27. ‘The Chancellor at Liberty is a high-ranking and high-profile position. The Chancellor is paid at least a six-figure salary and has access to numerous financial perks, including travel on the university's private jet and use of the university's vehicles. ‘TheChancellor also is given public notoriety through spealing at public events, as well as student, faculty and staff events and representing the university as a high ranking official in the media. 28. Upon information and belief, Jonathan has recently accepted another financial perk of the Chancellor's position and is now in the process of moving into a home owned by Liberty on top of Liberty Mountain overlooking the campus. Upon information and belief, at Jonathan’s request, Liberty is also paying for the construction of a swimming pool on the property for the use of Jonathan and his family, 29, — In addition, five of Jonathan’s family members, including children and spouses of children, have recently become employed by Liberty in various roles. 30. — Upon information and belief, Jonathan expects to receive income from Liberty for the rest of his life, ie., from a salary until such time he retires, followed by retirement income. 31. Jonathan's continuing duties to Liberty as trustee, employee, executive committee member, and Chancellor are in direct financial conflict with his duties owed to the Trust and all its beneficiaries. His relationship with Liberty — for which he is not only an employee and high-ranking official, but a srustee — standing alone, is enough to demonstrate that he is unable to act with complete loyalty to the Trust’s financial interests as it relates to Liberty's use of the ‘Trust IP. 32. However, Jonathan’s conflict of interest does not stop there, Jonathan’s relationship with Thomas Road Baptist Church (“TRBC”) also gives rise to a conflict of interest, Jonathan serves as senior pastor of TRBC, a role he has held since Dr. Falwell’s passing in 2007, 33, Through his relationship to TRBC, Jonathan is beholden to Liberty’s interests in additional ways. For example, on three separate occasions between 2007 when Jonathan became senior pastor of TRBC and August 2020, Liberty paid millions of dollars to rescue TRBC fromfinancial ruin. Liberty did so by purchasing real property from TRBC in amounts ultimately (totaling tens of millions of dollars, in order to keep TRBC solvent. 34, Upon information and belief, TRBC is still unable to meet its financial needs (eg. to cover maintenance, janitorial and security staff), and Liberty provides about $1 million in services to TRBC annually, recorded as donations by Liberty. 35. Jonathan's conflict of interest is so apparent that, in communications with Jerry in July 2023, Jonathan himself acknowledged his conflict and agreed to recuse himself from any decision related to Liberty’s use of the Trust IP. 36, With Jonathan having recused himself es co-Trustee, Jerry thereafter exercised his authority as the remaining trustee on July 27, 2023 to initiate a federal action in the name of the Trust against Liberty alleging, among other things, federal trademark infringement, false advertising, and violation of Virginia Code § 8.01-40, captioned Dr. Jerry L. Falwell Family Trust, et al. v. Liberty University, Ind. No. 6:23-cv-00040 (W.D.Va, 2023). A copy of the complaint in that action is attached hereto as Exhibit C. 37. Virginia Code § 64,2-756 permitted the Trust to initiate the federal action without Jonathan's express consent because it, inter alia, permits a co-trustee to “delegate[] the performance of [his] funetion to another trustee,” as Jonathan did by agreeing to recuse himself, and, separately, permits a majority of remaining co-trustees to act for the trust where “a cotrustee is unavailable to perform duties because of absence, illness, disqualification under other law, or other temporary incapacity, and prompt action is needed to achieve the purposes of the trust or to avoid injury to the trust property.” 38, On August 11, 2023, Liberty, through its counsel, wrote to the Trust’s counsel in connection with the federal action stating, “Liberty has received written confirmation thatJonathan Falwell, and therefore the Family Trust, did not authorize the hiring of your firm or the filing of the Lawsuit.” Liberty attached a letter dated August 3, 2023 and signed by Jonathan stating, “The Jerry Falwell Family Trust has not received Jonathan’s consent or approval as co- ‘trustee (and as a beneficiary) of the Jerry Falwell Family Trust, ... either to retain counsel or file the lawsuit on bebalf of the Trust.” 39, Jonathan's inexplicable about-face can only be explained by his conflict of interest, Indeed, the letter reads as if it was written by Liberty's lawyers for Jonathan's signature, and not like something Jonathan himself would write, 40. Incredibly, Jonathan stated in the letter that “TU hes always had the right to use Dad’s name, image, and likeness, and trademarks that include the name Jerry Falwell, for any purposes necessary to further the original mission of LU.” In defending Liberty’s infringement of the Trust IP, Jonathan breached his duties to the Trust and clearly demonstrated that he is incapable of exercising his fiduciary duties as co-Trustee of the Trust as it relates to Liberty's unauthorized use of the Trust IP. 41, Jonathan's actions to support Liberty's unlawful conduct are not only a breach of his fiduciary duties to the ‘Trust, but they have no basis in fact. Neither Dr, Falwell nor the Trust ever gave Liberty a blanket consent to use the Trust TP, much less in a manner that is likely to cause consumer confusion and violates the Lanham Act and Virginia Code § 8.01-40, Indeed, Jonathan himself previously signed an agreement with Liberty on bebalf of the Trust, in which the Trust secured Liberty's agreement that Liberty “acknowledge[d] the Trust's ownership of and exclusive right to use and register its JERRY FALWELL mark .,, and agree{d] not to oppose, petition to cancel, or otherwise challenge or object to the use ot any current registration and/or subsequent application for registration by the Trust of marks consisting of or comprising 10the term JERRY FALWELL ...”, Jonathan’s position that Liberty “has always had the right” to ‘use the Trust IP is not only baseless, but is contrary to Jonathan’s own past course of conduct representing the Trust, and proof that he cannot faithfully fulfill his duties to the Trust on this subject, 42, However, the Trust's remaining trustee, Jerry, is fully capable of exercising his fiduciary duties to the Trust and, in pasticular, as it relates to the Trust IP. Unlike Jonathan, Jerry does not suffer from any conflict of interest. Jerry resigned as Liberty's president in 2020 and has since held no office, employment, or other role with Liberty. Jerry is, therefore, capable of exercising his duties as trustee with unconflicted loyalty to the Trust, Jerry also possesses the requisite legal and business skills to enforce the Trust’s rights against Liberty and protect the value of the Trust IP. Jerry obtained a Juris Doctor from the University of Virginia School of Law in 1987, He worked in private practice thereafter and joined Liberty as General Counsel in 1988. In 2000, he was appointed to the Board of Trustees of Liberty, becoming Vice-Chancellor in 2003, and, in 2007, he was appointed President of Liberty, consistent with a plan of succession established by his father before his passing. Jerry continued in that role until his resignation in August 2020, 43, Jomy is widely credited with having led Liberty not only through difficult financial straits, but also for steering its transformation into the world’s leading evangelical university. Even before becoming Liberty's president, his efforts were responsible for Liberty climbing out of $100 million in debt, Indeed, Dr. Falwell himself wrote in his autobiography, “God sent [Jerry] to me justin time. While we employ many attomeys for the legal needs of this large and complex ministry, Jerry is the best attomey I know. ‘This is not an exaggeration, At age 34, he is more responsible, humanly speaking, for the miraculous financial survival of 1 uministry than any other single person.” Under Jerry's leadership, Liberty's finances were transformed from being crippled by debt to possessing nearly $3.5 billion in net assets and one of the largest and fastest-growing endowments of any university in the nation, And, he is widely recognized for enhancing Liberty’s overall profile and standing with substantial contributions ranging from enrollment, academic program, commitment to Liberty’s doctrinal foundations, sports, to infrastructure. Jerry also operated his own law firm and was very successful with various partners in the development of commercial real estate purchased from dozens of property owners between 1986 and 2007. In short, Jerry’s strong track record of success in business more than qualifies him to fulfill his fiduciary duties as co-trustee to maximize and protect the Trust P. C. Jonathan’s Conflict of Interest Imperils the Trust IP 44, Jonathan's inability to execute his duties to the Trust risks permanently damaging the Trust IP and the loss of meritorious causes of action against Liberty that have accrued in favor of the Trust. 45, ‘The Trust IP consists of a strong portfolio of assets. The JERRY FALWELL trademark, for instance, has been federally registered since 2006 and has become incontestable under 15 U. § 1065, meaning the registration is “conclusive evidence of the validity of the registered mark and of the registration of the mark, of the registrant’s ownership of the mark, and of the registrant's exclusive right to use the registered mark in commerce” (vee 15 U.S.C. § 1115(b) (emphasis added)), In addition, as alleged above, supra § 41, the Trust and Liberty have a binding agreement whereby Liberty has agreed to reftain from challenging the JERRY FALWELL trademark,46. _Liberty’s attempt to seize control of the Trust IP for itself has accrued a cause of aetion for damages and an injunction in favor of the Trust and its beneficiaries. As detailed in the federal action (see Exhibit C), Liberty has used Dr. Falwell’s name, portrait, and picture for advertising and the purposes of trade, in violation of Virginia Code § 8.01-40, and bas used the JERRY FALWELL trademark in commerce in 2 manner that is likely to cause consumer confusion in violation of the Lanham Act and Virginia law, 47, Failure of the Trust (0 use judicial process to stop Liberty risks damage to the ‘Trust beyond the loss of an acorued cause of action for damages. Unless the Trust acts, upon information and belief, Liberty will use the Trust’s inaction to attempt to argue that the Trust should be estopped from enforcing its righis against Liberty altogether on the grounds of laches, OUNT ONE: DISQUALIFICATION 48, Petitioner realleges and incorporates by reference the foregoing paragraphs as if set forth fully herein, 49, Pursuant to Virginia Code § 64.2-759(B), the Court may remove a trustee if: (a) the trustee has committed a serious breach of trust, (b) there is a lack of cooperation among co- trustees that substantially impairs the administration of the trust, (c) there is an unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, or (d) the Court determines that removal of the trustee best serves the interests of the beneficiaries, 50. As set forth above, Jonathan has a clear and direct financial conflict of interest with respect to the investment and management of the Trust IP. He is serving as a co-Trustee of the Trust, with the fiduciary duty of protecting the economic interests of all beneficiaries of the Trust, while simultaneously receiving substantial economic benefits from Liberty as a high ranking official, employee, and member of its Board of Trustees, 13SI. Jonathan’s direct financial conflict of interest has damaged the Trust by cemboldening Liberty’s continuing unauthorized usc of the Trust IP and frustrating the Trust's ability to defend its assets from Liberty's unlawful misappropriation which will diminish the value of the Trust IP if this Court does not intervene. 52. Through his actions and inactions, Jonathan has breached his fiduciary duties to the Trust and the Trust’s beneficiaries: (a) to invest the Trust assets in good faith in the interests ofall beneficiaries, as required by Virginia Code § 64,2-763, and (b) to administer the Trust IP in ‘4 manner that is loyal to all of the Trust beneficiaries, as required by Virginia Code § 64.2-764. 53. Through his actions and inactions, Jonathan has also breached his duty of impartiality in managing the Trust IP, as required by Virginia Code § 64.2-765, and failed to exercise reasonable care, skill and caution in investing the ‘Trust IP, as required by Virginia Code § 642-766, 54. For all of the above stated reasons, this Court should disqualify Jonathan as co- Trustee of the Trust with respect to all management and investment decisions relating to Liberty is further diminution in value for all of the Trust's and the Trust IP in order to prevent beneficiaries. Altematively, this Court should remove Jonathan as co-Trustee of the Trust. 38. Under Virginia Code § 64.2-757.A.4,, a vacancy normally occurs if a Trustee is disqualified. However, in this instance, Jerry is not requesting Jonathan's removal as co-Trustee of the Trust, only his disqualification in representing the Trust with respect to its management and investment of the Trust IP in any transaction involving Liberty. 56. Under Virginia Code § 64.2-757.B, if one or more Trustees remains in office after the disqualification, there is no requirement for the court to fill that vacancy by appointing another Trustee to replace the disqualified Trustee.57. Alternatively, under Virginia Code § 64.2-756(D), a co-Trustee is entitled to delegate the performance of a particular function of the Trust to another trustee, 58, In communications with Jerry, Jonathan acknowledged his conflict of interest and agreed to recuse himself from matters involving Liberty's use of the Trust IP, therefore signifying that he delegated the management and investment of the Trust IP to Jerry. Now, however, likely as a result of pressure from his employer, Liberty, Jonathan has seemingly reversed course. 59, As aresult of Jonathan's conflict of interest and his failure to properly protect the ‘Trust IP from Liberty's inftingement, Jonathan should be disqualified as co-Trustee from all decisions regarding the management and investment of the Trust IP as it pertains to Liberty 60. Alternatively, Jonathan should be removed as co-Trustee. PRAYER FOR RELIEF. WHEREFORE, for the reasons set forth herein, Petitioner, Jerry L, Falwell, Jn, individually and as Co-Trustee of the Dr. Jerry L. Falwell Family Trust, respectfully requests that this Honorable Court: a) Enter judgment in Petitioner's favor against Respondent, Jonathan P. Falwell; b) Issue an order that, on @ preliminary and ultimately permanent basis, disqualifies and enjoins the Respondent from exercising any authority as co-Trustee of the Dr, Jerry L. Falwell Family Trust with respect to the ‘management and investment of the Trust IP, and Liberty's use of the Trust IP, or in the alternative, remove Respondent as co-trustee; and c) Grant such other and further relief as the Court deems appropriate under the circumstances,Dated: August 22, 2023 Respeotfully submitted, JERRY L, FALWELL, JR,, Individually and as Co- ‘Trustee of the Dr, Jerry L. Falwell Family Trust Counsel ‘Vernon E. Inge, Jr. (Va, Bar No. 32699) Robert N. Drewry (Va. Bar No, 91282) ‘WATEFORD, TAYLOR & PRESTON L.L.P. Two James Center 1021 East Cary Street, Suite 1700 Richmond, Virginia 23219 Telephone: 804.977.3301 / 804.977.3304 Facsimile: 804.977.3321 / 804.762.6865 E-Mail: Counsel for Petitioner, Jerry L, Falwell, Jr., Individually and as Co-Trustee of the Dr. Jerry L, Fabwell Family Trust 16EXHIBIT AInt, Cis: 16, 35, 41 and 45 Prior U.S. Cls.:2, 5, 22, 23, 29, 37, 38, 50, 100, 101, 102 and 107 United States Patent and Trademark Office Reg, No. 3,039,870 Rogier Jan 10,2006 ‘TRADEMARK SERVICE MARK PRINCIPAL REGISTER JERRY FALWELL PALWELL, FERRY L. (UNITHD STATES ENDIVI- DUAL} 1911 UNIVERSITY BOULEVARD LYNCHBURG, VA 24502 FOR; NEWSLETTERS IN THE FIELD OF MORAL AND RELIGIOUS ISSUBS AND EVENTS, IN CLASS TS(US. CLS. 2, 5,2, 25,29, 37,38 AND 50), FIRST USE 630-1995, IN COMMERCE 620-1995, FOR: RETATLING SERVICES VIA COMPUTER AND DIRECT RESPONSE RETAIL SERVICES SY MEANS OF COMMERCIALS FEATURING RELL IOUS TTEMS, IN CLASS 38 (US, LS. 100, 10! AND 0 FIRST USE 1281-1954 IN COMMERCE 1221-1971, FOR: EDUCATIONAL LECTURING AND TEACHING SERVICES, NAMELY, RELIGIOUS IN- STRUCTION AND TEACHING IN THE FIELD OF RELIGIOUS STUDIES, IN CLASS 41 (US. 1S, 100, TOLAND Ion, FIRST USE 413-1958; IN COMMERCE 4144 POR: PREACKING AND COUNSELING, NAME LY, MINBTERIAL SERVICES, IN CLASS 45 (US. GLB. 100 AND 10) FIRST USE 11-4971; IN COMMERCE 13 a OWNER OF US. RNG. No. 2382.65 ‘THE NAME(S), PORTRAITS), AND/OR SIONA- ‘TURHGS) SHOWN IN THE MARK IDENTIFIES JERRY FALWEL!, WHOSH CONSENTIS) TO REG. ISTER 8 SUBMITTED, SHR. NO, 78202927, ILD 114203, JOHN DWYER, SXAMINING ATTORNEYEXHIBIT B900218162 _ 03/23/2012 Electronic Version v1.4 Stylesheet Version v1.1 TRADEMARK ASSIGNMENT. [ ‘SUBMISSION TYPE: NEW ASSIGNMENT ASSIGNS THE ENTIRE INTEREST AND THE GOODWILL NATURE OF CONVEYANCE CONVEYING PARTY DATA Tio iy Crocun ba iyi] set ae, esate by Hae eecot2 ESTATE: VIRGINIA | I RECEIVING PARTY DATA, Jor Jory Fatval Fanny Tt rn (root Adress 1971 University Bodovare cay: fynohburg [Stote/Country: —_IVIRGINIA [Posta! Code: [sce z eee 7 Eniy Type [rust vrann “I PROPERTY NUMBERS Total 1 Comte ee Word Mark Deaev rane ] [Reaetnton number [oosera ic CORRESPONDENCE DATA .200)000-0000 L027 Email Correspondance wil bo sant io tha xa ‘Nai. Correspondont Name: ‘Addo Line 1: ‘Address Line 4: soho ion rst ith is unsuccescta iwi bo cont vi US RYLAND 20615 NAME OF SUBMITTER: Jahn Midi | Signature: ohn Wicloar Date: osizsr12 Tots Attchmonts: 3 source=JF Trademark Assgamontipage’.t source=JF Dosth Corteatagpage'. iF scuroesJF Lalla Testamentenipager. | Bi 900218162 TRADEMARK REEL: 004742 FRAME: 0135TRADEMARK ASSIGNMENT Macel P. Fave! [AIRED Lynchburg, VA 24502, Executor of the Estate of Jerry L. Falwell, an individual (deceased)(hereinafter Assignor), as of December 29, 2011, makes this Trademark Assignment In favor of the Dr. Jey L. Falwell Family Trust, 1971 University Boulevard, Lynchburg, VA 24502 (hereinafter Assignee), a trust created by the Last Will and Testament of Dr. Jerry L. Falwell, dated March 3, 1995 (Last Will), under the laws of the Commonwealth of Virginia. WHEREAS, Jerry L. Falwell, registered owner of the mark JERRY FALWELL federal registration # 3039870, died and a copy of his Death Certificate Is associated herewith; WHEREAS, Macel P. Falwell Is Executor of the Estate of Jerry L Falwell and a copy of Letters Testamentary In his favor Is associated herewith; WHEREAS, Assignor is the owner of all right, title and Interest In and to the mark JERRY FALWELL (hereinafter MARK), the federal registration therefor, Reg. No, 3039870, and the goodwill developed through use of the Mark; WHEREAS, the Last Will directs his executor to convey the Mark, a part of the otherwise undistributed residuum of his Estate, to Assignee; WHEREAS, Assignee desires to acquire all rights to the Mark, the registration therefor, and the goodwill associated with the Mark; NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy which are hereby acknowledged, Assignor hereby sells, assigns, transfers, conveys and sets over to Assignee, the entire right, title and interest in and to the Mark and the registration therefor as Identified above, and the goodwill connected with the Mark, the same to be held and enjoyed by Assignee, Its successors, assigns or other legal representatives. ESTATE OF JERRY L. FALWELL ay: ty Pat dln Name: Macel P, Falwell ‘Title: Executor Dated this + 2014 TRADEMARK REEL: 004742 FRAME: 0136CONNONNEALTA OF VIRGINIA CERTIFIOATE OF DEATH ‘DEPARTMENT OF HEALTH - DIVISION OF VITAL RECORDS - RICHMOND 244 ma s x2] y # LT t TEE a ea x { ojverty ____yostbarn, VA SS" Gruen Tigre Chepel seereeo ii Rives Ros Lvnehiss VA. 24502, ~ 23-2007) Z Mi oi een an nga na zur ne DaPsegpT HEALTH EYNCHBURG, VIRGINA andthe DEARTH ie: RICHMOND, VIRGINIA, 2/2 aera nai pres oni De eA Ls = ean ¢ és ‘Sei RESTOR tis documenta profited by statute, Do not accept unlos t bears the pressed sea efbe LYNCHBURG repre ee HEALTH cay fb, Satin 321272, Code of ih, x Amend any aus TERATION OR RRABURE yo OS EHS CERTIFICATE TRADEMARK REEL: 004742 FRAME: 0137CERTIFICATE/LETTER OF QUALIFICATION Court File No, 970000171 COMMONWEALTH OF VIRGINIA ‘WA. CODE § 1-0, 611964, 1.228 48, 6 1025.0, 372401, 641-122, 6628 ‘Lynchburg Circuit Court I, the duly qualified olerk/deputy clerk of this Court, CERTEFY that on June 22, 2007 P. Falwell, MEI OF FEREON) CUALITYON Fopettecort Cl" Rempened C1° Anotertasrict 1° tiigaions CO Yissnton pep ace ise [ei OC a ar i oa Tg ra a as 1SUSC. g i114 ISLS. § HAseNTKAL IGUSOG 12a NB) USC. € 128) ad she lle aw uae fala, Vi. CAUSE OF ACTION 2USS.S Hite Tre wconarace fo Uy Uotrrvs unsuberas xllolen ofa JERRY FALWELL adem ae her and nots of Jy Fla Vil, REQUESTED IN ‘CHECK Ii THISISA CLASSACTION DEMANDS ‘CHIGCK YES only i dma in open COMPLAINT: UNDER RULE 23, FRCv2. scono00 ary pemayp: lye [INe VIII. RELATED CASE) IF ANY Sr eERIDGe DOCKET NUMBER, Ba PTO OF OD hy 27,2000 # Z Zila FOR ORTGE TE ONLY ecu 8 avout $402,00__ amrtvnan? No nos Moon __Mac.suvae AVAWDC-4230814