An ENS Story on the Lawsuit Between the Diocese of South Carolina and TEC
Posted in
* Anglican - Episcopal,
* Culture-Watch,
* South Carolina,
Episcopal Church (TEC),
Ethics / Moral Theology,
Law & Legal Issues,
Presiding Bishop,
TEC Conflicts,
TEC Conflicts: South Carolina,
TEC Polity & Canons,
Theology
1. the story clearly wants the trademarking to be seen as late in the game and relevant as such
2. and it wants ‘extra-provincial’ to be a category requiring some action by the ACC (which it says does not meet again until 2016!)
So it appears obvious that there will be a serious fight here from 815.
This is little more than a collection of unsupported arguments and characterizations, worded so as to be consistent with the defendent’s legal documents. My favorite quote is:
“[i]A fact sheet on the Episcopal Church’s website notes: “Dioceses cannot leave the Episcopal Church…[/i]â€
Of course, a “fact” sheet on the defendant’s website has no bearing on the actual provisions of the defendant’s constitution and canons, much less on South Carolina laws governing such associations. Reference to a website suggests some underlying authority, but ironically reveals its complete absence – TEC never gets around to citing the constitutional or canonical prohibition.
As for the trademarks, the right to a trademark arises by the actual use of the trademark in commerce. Registration can offer enhanced rights, remedies, and notice to others. However, registration alone does not constitue use in commerce.
The real dispute is that over identity – establish that the Diocese of South Carolina is the entity it argues it is, and the rights associated with historical use of the trademarks will follow.
Indeed, TEC wants the registration applications cast in a certain light. The story strikes me as exuding a lack of confidence in truth – as if a truthful, accurate account of the facts [i]would be too risky.[/i] But after one has been dishonest about Christianity to such an extent, I suppose this is small beer.
🙄
“The story strikes me as exuding a lack of confidence in truth” — very perceptive.
This is a juggernaut run by 20 people at most, inside an echo chamber.