In the Alice in Wonderland world created by breakaway diocese formed in South Carolina left declared itself independent of the Episcopal Church, but insisted in calling itself The Episcopal Diocese of South Carolina. A long legal battle ensued during which time the diocese loyal to the Episcopal Church had to call itself The Episcopal Church in South Carolina (TECSC).
The U.S. District Court in South Carolina has ruled in favor of the loyalists. From the TECSC website:
Judge Gergel Finds in Favor of TECSC in Trademark Infringement and False Advertising Case
9/19/2019
IV. Conclusion
For the foregoing reasons, the Court GRANTS Plaintiffs The Right Reverend Charles G. vonRosenberg, et al. ‘s Motion for Summary Judgment (Dkt. No. 584). The Court GRANTS TEC’s Motion for Summary Judgment (Dkt. No. 595). The Court DENIES Defendants The Right Reverend Mark J. Lawrence, et al. ‘s Motion for Summary Judgment (Dkt. No. 603). The Court · DENIES Defendants The Right Reverend Mark J. Lawrence, et al. ‘s Motion for Summary Judgment as to Genericness. (Dkt. No. 610.)
The Court further DECLARES that TEC owns its five federally registered marks (Dkt. Nos. 595-5; 595-7; 595-8; 595-9; 595-11 ; 595-64; 595-65; 595-67; 595-68) and that TECSC owns the marks designated in the state registrations (Dkt. No. 584-3).
Additionally, the Court hereby issues the following PERMANENT INJUNCTION and ENJOINS all Defendants, their officers, agents, servants, employees, associates, subsidiaries and affiliates from using the following marks or any mark confusingly similar:
- The Protestant Episcopal Church in the United States;
- The Episcopal Church;
- The Episcopal Church Welcomes You;
- La Iglesia Episcopal, and;
- The Episcopal Shield.
The Court further enjoins Defendants their officers, agents, servants, employees, associates, subsidiaries and affiliates from using the following marks or any mark confusingly similar:
- Diocese of South Carolina;
- The Episcopal Diocese of South Carolina;
- The Protestant Episcopal Church in the Diocese of South Carolina;
- The Diocesan Seal.
The full decision is still being studied, and more information is to come.
All Content © 2017 Episcopal Café
One wonders what ‘winning’ genuinely means on the ground, for TECSC?
29 parishes with 17,000 people who long ago decided their identity was their home of generations in EDSC. Now to be evacuated? Well, the mediation, re real property, is slated to start 26 September I believe.
TEC now does not have to do the business of starting up a new diocese for its some 7K members, because a Federal Judge has told them that one SCSC judge’s footnote is probative, and the EDSC is now a TEC Diocese.
Let’s see what happens with the real property and the real worshippers in them.
‘Winning’ is now chiefly ‘defeating.’
The real embarrassment in this issue belongs to the judicial system of the state of South Carolina,particularly the state Court in Orangeburg which has lost all credibility as an impartial instrument of justice.All decisions made by this judge in any case that has come before him should be subject to mandatory review at state expense.
I don’t have a dog in the fight but I think that maybe they could “split the baby” by giving the TEC the IP rights and giving the traditional Diocese the real property rights. It would be a good thing if the church could end this embarrassing episode in our history.
Some good news from South Carolina for a change…
I don’t know if this helps in TECSC ‘s efforts to regain control of it’s parish properties and assets illegally seized by the phonies seven years ago Even though the SC Supreme Court ruled those belong to TECSC.their return is being successfully filibustered in a low level court by a judge formerly affilliated with the legal team representing the breakaway group and is doing everything he can to sabotage the Supreme Court decision