May 28, 2009 was the filing date of a District Court order permanently enjoining Creation 7th Day Adventists from employing the name of their faith in any overt activities. A PDF of the complete decision is currently stored at http://www.creationseventhdayadventistchurch.ca/csda/PDF/98%20-%20Order%20adopting%20magistrate%20Judge%27s%20report.pdf
The language of the injunction follows:
Defendant and his agents, servants and employees, and all those persons in active concert or participation with them, are forever enjoined from using the mark SEVENTH-DAY ADVENTIST, including the use of the words SEVENTH-DAY or ADVENTIST, or the acronym SDA, either together, apart, or as part of, or in combination with any other words, phrases, acronyms or designs, or any mark similar thereto or likely to cause confusion therewith, in the sale, offering for sale, distribution, promotion, provision or advertising of any products and services, and including on the Internet, in any domain name, key words, metatags, links, and any other use for the purpose of directing Internet traffic, at any locality in the United States. Subject to the foregoing, Defendant may use these terms in a non-trademark sense, such as oral or written use of the marks to refer to the Plaintiffs, or oral or written use of certain terms in a non-trademark descriptive sense, such as “this Church honors the Sabbath on the ‘seventh day,’” or “the members of this church believe in the ‘advent’ of Christ.” As it pertains to all labels, signs, prints, packages, wrappers, receptacles, and advertisements bearing the SEVENTH-DAY ADVENTIST mark, or bearing the words SEVENTH-DAY or ADVENTIST, or the acronym SDA, either together, apart, or as part of, or in combination with any other words, phrases, acronyms or designs, or any mark similar thereto or likely to cause confusion therewith, and all plates, molds, matrices, and other means of making the same (collectively, “Defendant’s Infringing Articles”), Defendant shall either: (1) deliver Defendant’s Infringing Articles to Plaintiffs’ attorney within twenty (20) days after issuance of the Order, to be impounded or permanently disposed of by Plaintiffs; or (2) permanently dispose of Defendant’s Infringing Articles himself within twenty (20) days of this Order, and also within twenty (20) days of this Order certify in writing and under oath that he has personally complied with this Order. Regardless of the manner of disposal of Defendant’s Infringing Articles, Defendant shall file with the Clerk of this Court and serve on Plaintiffs, within twenty (20) days after issuance of this Order, a report in writing, under oath, setting forth in detail the manner and form in which Defendant has complied with the foregoing injunction.
IT IS SO ORDERED this 27th day of May, 2009.
s/ J. DANIEL BREEN
UNITED STATES DISTRICT JUDGE
The Defendants were given 20 days to comply with the mandates of the injunction, but no certification of compliance was filed by any of the Creation Seventh Day Adventists.
On July 1st, in a “Motion to Show Cause,” the General Conference of Seventh-day Adventists attorneys effectively requested Judge Breen to issue an order of contempt against Walter McGill (aka, Pastor “Chick”). This blog will continue to update information regarding the contest that is now set for consideration by the U. S. Court of Appeals. No stay is expected on the injunction.
See the most thorough coverage of the lawsuit, including relevant documents at http://csdadventistchurch.co.cc/Lawsuit/
