A.S. Haley: Federal Court Issues Stay in Ft. Worth Trademark Case

Monday, December 20, 2010

I resolved to stay away from ECUSA's litigation troubles during this season of the nativity, but I still have to report to my readers breaking news, if it is important. And this is important news: the federal district court in Fort Worth today issued a one-page order staying all further proceedings in the trademark infringement action brought by the rump diocese of Fort Worth and its "corporation" (which does not actually exist, for reasons I explain below). The stay will remain in effect until the court resolves the pending motions by the real diocese of Fort Worth and its real corporation to intervene in the case to protect their property rights in their name and corporate insignia.

With an apparently unlimited litigation budget in Texas, the Episcopal Church (USA) and its puppet diocese of Fort Worth have tried all manner of strategies to accomplish an end run around the courts of Texas and achieve a quick victory in their dispute with Bishop Jack L. Iker and his Episcopal Diocese of Fort Worth. (Note to readers from ECUSA: "Episcopal" means "of, or having to do with, a bishop". It does not necessarily mean "affiliated with the Protestant Episcopal Church in the United States of America." ECUSA has no trademark in the word "Episcopal", which is used by a number of churches within the Anglican Communion.) the rest

Once again, in an attempt to do an end run around the State courts, ECUSA had filed in the federal court action a motion for summary judgment, making all the usual "hierarchical" arguments. But once again, their strategy has been rebuffed. The courts have uniformly told ECUSA and its attorneys thus far: "Not so fast. You cannot assume the very point at issue by pretending to be what you have not shown yourself to be. Since there is admittedly only one 'Episcopal Diocese of Fort Worth' and one 'Corporation of the Episcopal Diocese of Fort Worth' (no one else having filed any incorporation papers under that name), you have not demonstrated how you are legitimately in charge of those entities. Until you do so, you cannot come into court pretending to be them from the outset."