A ruling for the Community of Christ in trademark suit against breakaway church
Community of Christ Temple in Independence, Missouri
Those of you familiar with the history of the Mormon Church know that it has a few breakaway groups, the largest of which is known as the Community of Christ. However, until 2001 it was known as the Reorganized Church of Jesus Christ of Latter-day Saints, or RLDS Church, since that title is more than a mouthful. Despite the name change, the Community of Christ maintains the trademark to the RLDS name.
The recent history of the Community of Christ has been one of sweeping policy and doctrinal changes, which have resulted in quite a few breakaway congregations over the years. One recent offshoot is the Devon Park Restoration Branch, which was apparently using the RLDS name and old logo on its signs, stationary, website, etc. The Community of Christ didn’t like this, of course, and sued in federal court for trademark infringement. COC alleged that the Devon Park church violated the copyright (which the COC still maintains) and that the use had a substantial likelihood of confusion.
The federal judge agreed, granting a preliminary injunction. (Opinion is here in PDF.) Missouri District Court Judge Gary Fenner wrote that the confusion was particularly great since the Devon Park congregation was located so close to the COC headquarters in Independence, Missouri.
The Community of Christ can fully appreciate the importance of a name. Years ago, before the recent doctrinal changes and attempts to distance itself from the original Mormon Church, the then-RLDS Church offered to deed the Kirtland Temple over to the LDS Church in exchange for the rights to the name “Church of Jesus Christ of Latter-day Saints.” One person familiar with the offer explained that the LDS Church declined the offer. The logic was that a piece of property can always be acquired later through various means, but losing a name is permanent. Update: I checked my source on that story and it didn’t hold up, so I retract that portion of the post.
Hat tip: Religion Clause.
Photo credit: coolvalley.
This article is inaccurate in two ways. First, the original RLDS church, despite the name, is not a breakoff of the LDS. The true church is the one whose doctrines have not changed since the revelations given through Joseph Smith, Jr. After his death, the conspiracies of Brigham Young to introduce poligamy and other false doctrines confused many. Mr Young was an evil man who deceived church members and murdered others. His claims that JS proclaimed polygamy as well as other lies caused much damage to the true doctrines.
If you really research, you will find there is no evidence through documents, letters, writings, sermons, witnesses, or offspring to prove in any way that JS practiced or condoned polygamy. In fact, you will find just the opposite.
His wife, one and only, refused to follow BY knowing of his evil doctrines and the tarnish of her husband’s nAme through this new movement starrted by BY and others. Many were deceived and dud follow him AWAY from the truth. This was the actual breakoff – as BY group went to Utah.
Emma Smith, JS wife, continued to be faithful and teach her children the true doctrine of the church. It is through her and JS son, Joseph Smith, III that the church continued. Because of the other movement which stole the name if the church, the true church was forced to continue under the RLDS name.
Now, history repeats itself. New leaders gave again gone away from the original truths and perverted the message of the fullness of the gospel. Those who have not changed and continue to practice it have again been persecuted and lied about. Again, we are being forced to defend who we are and the RLDs name against those who have overtaken it by deceit.
Additionally, the RLDS name us not just a name to be trademarked. It is a set of beliefs held by people just like Baptist, or Methodist etc. The only reason the CoC is so desperately trying to stop the true believers from using it is because they are aware that many members will discover there are actually groups practicing the true doctrines which they believe will harm their numbers. Otherwise, why would they care? They have already adopted a new name anyway!
Also, isn’t it rather ironic that the church of “peace” is suing people they claim in their own numbers??? If they are really interested in love, acceptance and peace, why don’t they just leave these people alone to worship as they see fit? Keep their new name and leave others who haven’t changed their beliefs to use the name that goes with those beliefs? Seems rather hypocritical.
Now, there are even more chAnges to the doctrines. Open communion, acceptance of all baptisms whether with priesthood authority or not, proclaiming that all sexual relationships are acceptable, etc. The CoC is NOT the RLDS church. I hope the court will cone to recognize this so freedom of religion will not be further infringed upon.
More info – if you want more proof that the LDS are not the original church, look up the Kirtland Temple case in which it was found in a court of law that the original doctrines were that of the RLDS and the LDS had changed the doctrines. Therefore, the Kirtland Temple was awarded to the RLDS people. This is when the courts were able to consider the doctrine in order to make a ruling about church property. Now, the courts are not allowed to consider it which makes it much more difficult for Devon Park to show it is one of the true RLDS branches and that the COC is not. If it were admissable in court, the doctrines would show clearly that the COC is not RLDS.
PRESS RELEASE:
Community of ‘Peace’ Uses Trademark Case to Punish Followers of Traditional RLDS Doctrines
The Community of Christ (COC) organization, a group that claims to be committed to the doctrines of peace, justice and tolerance, has sued a small church in Independence, Missouri for using the RLDS name and marks. The Devon Park Restoration Branch Church, with less than 100 adherents, has quietly worshipped for more than 20 years practicing, teaching and preaching what they describe as “the fullness of the gospel” and expressing those beliefs under the name they hold sacred and dear, the Reorganized Church of Jesus Christ of Latter Day Saints or RLDS. They have advertised their church as a group consisting of members of the original the RLDS church and have also displayed RLDS religious symbols in their sanctuary with a large seal and flag.
All of the founding members of Devon Park have been members of the original RLDS church for decades and were disenfranchised by the organization now known as the Community of Christ when the leadership of that organization changed from the original doctrines and teachings to what Devon Park’s members believe is a completely different religion. Holding deep convictions about these differences, these RLDS members organized Devon Park as a place of worship to continue their religious practices without embracing the doctrinal changes being conducted by the leaders of the church, who, prior to 2001, were still calling themselves RLDS even though they had moved away from many of the founding tenets of that church.
There are many other groups throughout the world worshipping and holding conferences that claim to be members of and teach the original doctrines of the RLDS. These doctrines were revealed through Joseph Smith II in 1830 and continued through his son, Joseph Smith III. Devon Park has been affiliated with some of these other groups.
In the 1980s, there was turmoil within the RLDS denomination when the leadership of the church used force to demand submission to its will over the convictions of a substantial group of church members. This was done by using the legal system and law enforcement to bar members from entering their church buildings on Sunday mornings if they did not accept pastors sent by the headquarters of the church. Many of the members then simply quit attending, or formed groups that would not be subjected to what they considered to be “religious tyranny.”
In 2001, the leadership of the segment of the RLDS church which was moving away from the church’s original foundation, changed its “identity and calling” to Community of Christ through what they believe was a revelation from God. The COC spent nearly $2 million to transform its identity and public face to Community of Christ, and to eliminate all public uses of the former RLDS name. Advertisements touting the new identity were published, and a celebration to announce the new name was held at the World Headquarters in Independence with national and local community members and dignitaries. This highly publicized name and identity change seemed to solidify the differences between the two groups and made it even clearer that there were two sets of belief systems and doctrines at play. Because many RLDS followers who have held to the original doctrines considered the name and marks to be a part of their identity and a sacred trust from God, they continued to use them. They referred to themselves as RLDS Restorationists or other similar names in order to identify themselves as those who have not accepted changes to the original RLDS doctrines and practices.
Though the COC was no longer using the name to identify themselves to the public, in any publications or printed materials, or to establish any new congregations, and had removed signs and symbols of it from the buildings which they still legally held (unless sandblasting was required), they quietly filed for trademark rights to the full name “Reorganized Church of Jesus Christ of Latter Day Saints” in 2005. They obtained federally registered trademarks in December 2006.
In June 2007, the COC filed suit against South Branch, a tiny group of worshippers in Raytown, MO who had continued to identify themselves as an RLDS church. The COC demanded that this church change its sign to remove the RLDS name, which it ultimately did under a settlement with the COC. Next, the COC filed suit against Devon Park in Independence, and not only demanded that they remove the RLDS name from its sign, but also reached into their sanctuary to demand the removal of a seal and flag that had been displayed there for years. Devon Park, in good faith, quietly continued to use the RLDS name because they believe it is and always has been their identity and the COC had abandoned it. Additionally, it was clear that the COC had not challenged use by other RLDS groups in the past. They found that the COC had quietly obtained the trademark rights, even while representatives from some of the original RLDS followers were in negotiations with the COC leadership to come to an agreement on formal rights to use the name.
COC’s case against Devon Park was assigned to Federal District Court Judge Gary Fenner, who also had presided over the case against South Branch. His decision was issued in January of this year and not only ruled in favor of the COC, citing the trademark law, but also found Devon Park to be an “extraordinary” case warranting the punishment of an award of attorneys’ fees in favor of the COC. Devon Park continues to believe that the RLDS name and marks are religious symbols which generically describe a set of beliefs and values embraced and proclaimed by worshippers for decades that cannot be trademarked. Additionally, the church believes that the COC, over the past 9 years, has practically and legally abandoned the RLDS name and marks by systematically holding itself out to the public only with its new name, Community of Christ. In short, Devon Park believes that the Federal District Court’s decision is wrong and it expects to appeal the ruling.
LETTER TO COC FROM DEVON PARK
April 15, 2010
To the Community of Christ Leadership
Greetings,
We hope this message will convey the deep sorrow and sadness we feel for what we have suffered at the hands of a few leaders of the COC. This sorrow is not for the financial burden upon us, but for the total breakdown of discussion and dialog between the COC and the restoration branches. Unfortunately, we cannot reference the discussions between the COC and Devon Park, as the COC leadership has never requested to sit down for any such discussions with us. There has never been a call or letter to David McLean, our former pastor, or any member of the Devon Park Branch asking for dialog or discussion to address the matters at hand. The only communication from you has been through legal action against us.
Why has the leadership of the COC perpetrated such actions against worshippers who are and who have identified themselves for decades as members of the RLDS church and have continued to practice and teach the doctrines that name represents? These members have not attacked the COC leadership or its members. Devon Park Branch has never had any intent of contending against any church. Yet, we have suffered from the demands calling for the stripping away of our heritage through the name we hold sacred and dear, the Reorganized Church of Jesus Christ of Latter Day Saints.
Our response to the offer we have recently received is further sorrow. We hope for a resolution that will include the COC continuing their “name, identity and calling” to be that of Community of Christ and ours to be that of RLDS, as it has been for many years. Although we do not believe the RLDS name only represents our small branch, but instead represents all those who hold to the original doctrines we once shared with many of your members. Your organization has taken a path different from that of the original doctrines and it is fitting and right for you to have a new name that represents those principles you wish to promote. Yet, it is confusing to understand why you wish to deny reconciliation and understanding to those members of the RLDS church who identify themselves by the name that has always represented that point of view.
Therefore, we request there be a stop to all legal actions and that you drop the demands against us. We ask instead that the hand of friendship and reconciliation be offered. We further request that the COC no longer contend against us or any other restoration branch or any church that wishes to identify themselves as RLDS if that church or group wishes to continue to practice the original doctrines of the church. We understand there will be negotiations about legal properties and use of the name in legal documents, but believe that with dialog, respect and understanding, these issues can be resolved to the mutual satisfaction of both parties.
We further believe that the majority of members of the COC would not wish for you, the leadership, to take the actions you have taken. We believe the general membership truly does want to promote peace and unity among all people and would be very disappointed and saddened if these actions were more widely known among them.
Sincerely,
The Devon Park Branch
UPDATE ON COC SUIT AGAINST DEVON PARK
April 22, 2010
These are the answers given by one of our lawyers to the KC Star reporter, Brian Burnes in an email today. He was asking for more information about the suit for an article he is planning to write. Notice at the bottom the underlined section that describes the new expected time line. We should pray that oral arguments will be permitted.
Brian:
We represent Devon Park Restoration Branch of Jesus Christ’s Church and its pastor David McLean. In response to the inquiries in your email below, the U.S. District Court for the Western District of Missouri summarily ruled in favor of the Community of Christ (“COC”) in a trademark infringement action finding that COC has an exclusive right to use the name “Reorganized Church of Jesus Christ of Latter Day Saints” and its moniker RLDS. The Court’s January 14, 2010, order is attached.
In the court case, Devon Park argued that it had a right to use the RLDS name to identify itself as a place of worship that adheres to the traditional RLDS doctrines and beliefs (as distinguished from the more liberal doctrines adopted by the COC) because COC had abandoned the RLDS name. Most of the Devon Park members were raised in the traditional RLDS religion. The Court disagreed with Devon Park, finding that COC still delivered religious services under the RLDS name and that the public still associated the name RLDS with the religious services of the COC, even though COC spent nearly $2 million in a quite successful public relations campaign to change its name and public identity to “Community of Christ” in 2001. COC’s abandonment of the RLDS name is evidenced by, among other conduct, the fact that COC changed all of its headquarter and monument signs to reflect the COC name, now advertises only as COC, publishes new literature, membership certificates, and other church documents under the COC name, instructed the military to change its religious preference category name from RLDS to COC, and no new COC congregations are permitted to form under the RLDS name. Likewise, the vast majority of the 1000+ congregations have been required to change their signs to reflect the new COC name, with only a tiny handful of COC congregations retaining the RLDS name on signs that pre-date the 2001 name change. Six years after the new name was adopted, current President Veazey, who is regarded within the church as a Prophet and an oracle through whom the word of God can come, made a divine decree to the COC membership, which was accepted by the 2007 COC World Conference as the word of God and canonized by being placed in a book regarded as scripture called the Doctrine and Covenants. See T 291. Doctrine and Covenant 163:1 reads:
“Community of Christ,” your name, given as a divine blessing, is your identity and calling. If you will discern and embrace its full meaning, you will not only discover your future, you will become a blessing to the whole creation. Do not be afraid to go where it beckons you to go.
There are a multitude of other examples along these same lines.
In addition to finding that COC has not abandoned the RLDS name, the Court also ruled that RLDS does not refer to the traditional religious belief system practiced by Devon Park and other restoration branches and groups no longer associated with COC, but rather is a commercially protectable trademarked name still publicly associated with the COC and the religious services it offers. The evidence was undisputed that COC no longer adheres to the traditional doctrines associated with the RLDS name, and that there is no actual confusion among members of either side as to the differences between the two belief systems. Where a previously trademarked name becomes “generic,” that is where it describes a religious belief system much like the names “Baptist” or “Methodist,” it is no longer entitled to trademark protection. In other words, while a proper name such as “First Baptist Church of Raytown” may be entitled to trademark protection because it refers to a distinct entity and the public identifies a specific source of goods or services with that name, the name “Baptist” in and of itself to describe an entities’ adherence to the Baptist faith is not. Devon Park argued that RLDS had become “generic” and described a religious belief system rather than a specific source of religious services. But again, the Court disagreed with Devon Park’s arguments.
Following the Court’s ruling enforcing the COC’s trademarks, the court exercised its discretion under the trademark statutes to award the COC over $348,000 in attorneys’ fees. In doing so, the Court found that Devon Park’s conduct in choosing to challenge the COC’s claim to exclusive use “went beyond the pale” and made this an “exceptional case” warranting an award of attorneys’ fees. The Court’s March 24 order awarding fees is attached. Devon Park’s position is more fully set out in the attached pleading entitled “Opposition to Plaintiff’s Statement of Attorneys’ Fees.” In short, Devon Park believes the Court abused its discretion in this respect and failed to consider a number of factors. COC has indicated its intention to pursue collection of this fee award both from Devon Park, a very small branch of fewer than 40 members, and individually from pastor David McLean, who is a volunteer pastor for the Devon Park branch.
Devon Park has appealed the rulings of the District Court to the 8th Circuit Court of Appeals. Devon Park believes that under the evidence submitted to the District Court, it should have ruled that COC abandoned the RLDS name, and/or that RLDS refers to a traditional religious belief system and does not identify COC as a source of those traditional religious services. Devon Park further appeals the attorneys’ fee award for the reasons in the attached brief. The notice of appeal has been filed, but the briefing will not be completed until later this summer. If the 8th Circuit permits oral argument, that will not likely occur until early Fall. Please let me know if you have any other questions, or want copies of any other pleadings filed in the federal court case.
Julie J. Gibson