EASTERBROOK, Circuit Judge. "The "Church of the Creator" and the "World Church of the Creator" have irreconcilable creeds. The Church of the Creator (the operating name of TE-TA-MA Truth Foundation-Family of URI, Inc.) believes in universal love and respect......What has led to this litigation between the two organizations is the little ® symbol attached to Church of the Creator.......It turns out that tactics adopted to avoid paying for one’s wrongs have collateral costs"......more►
"KANNE, Circuit Judge. TE-TA-MA Truth Foundation-Family of URI, Inc. ("the Foundation") sued the World Church of the Creator ("the World Church"), alleging, among other things, trademark infringement in violation of the Lanham Act, 15 U.S.C. §§ 1051 et seq. The district court granted summary judgment in the World Church’s favor, and the Foundation appealed. We reversed the judgment of the district court and remanded with instructions to enter an appropriate judgment in favor of the Foundation. TE-TA-MA Truth Foundation-Family of Uri, Inc. v. World Church of the Creator, 297 F.3d 662 (7th Cir. 2002) (hereinafter Foundation I). Following entry of judgment in its favor, the Foundation moved for an award of attorneys’ fees pursuant to 15 U.S.C. § 1117(a), which allows a court to award reasonable attorneys’ fees to the prevailing party if the case is "exceptional." The district court denied the Foundation’s motion because the Foundation had not shown willful infringement on the World Church’s part. Because we find this case exceptional, we reverse the judgment of the district court and remand for further proceedings consistent with this opinion.",,, more►
The district court itself described the World Church’s actions in this litigation as "reprehensible," "ugly," "threatening," "harassing," "anti-Semitic," and "tortious or criminal." The World Church’s actions were explicitly intended to, and did, cause the Foundation to waste time, efforts and attorneys’ fees. If the World Church’s actions do not constitute "exceptional" behavior worthy of sanction, it is hard to imagine what might....more►
Request to Media and Tracking Organizations
COTC's congregation is inclusive of all peoples. Membership is acknowledged by self-recognition, joining in principle and witness through signature on the Sacred Mandate.
Hundreds of COTC
Ordained Associate Ministers are actively serving humanity in the USA and
many other countries throughout the world. Encouraging and living, peace, cooperation, harmony and understanding, regardless of
race, color or creed. The
confusion with Matthew Hale's association, white supremacists, hate/fear
based philosophies is therefore particularly distasteful and offensive.
If the trademark Church Of The Creator® is used within publication, a statement similar to the following would be appreciated:
Matthew Hale was convicted April 26, 2004, for soliciting his security chief to kill federal Judge Joan Lefkow and three counts of obstructing justice.
Jon Fox a former colleague testified that Hale, angry over the outcome of a trademark infringement lawsuit, asked him if he would kill the judge, some of the attorneys involved and the leader of the Oregon-based religious group that sued. "He shouted how he wanted them dead-- the judge and the attorneys, they had to die," Jon Fox, 44, told the federal jury.
Fox, who also was once a member of a right-wing militia group in Kentucky and now lives in a homeless shelter, said that as he and Hale walked down an East Peoria street Hale also told him he wanted the Oregon minister's "church burned down around his head."
After a long, expensive legal marathon, claiming their rights, Directors and the public, through the above testimony gained new insight into the reality of the hate, threats, and intimidation tactics being used to force termination of the trademark litigation. Fortunately the Foundation Directors and the attorneys of Kirkland & Ellis, Chicago Office, were undaunted in the quest for justice.
This unique story has generated considerable publicity. Anticipated is more coverage at the time of the sentencing. For now Federal Judge James Moody has placed a indefinite hold on that matter.
The Foundation has appealed to the media not to perpetuate further confusion in the public mind of hate/fear based white supremacists beliefs and the service, beliefs of this organization and its expression as a Church, the registered trademark Church Of The Creator®. Federal Appellate Judge Easterbrook, quoted above, has understood and described in a nutshell the "irreconcilable creeds."
Church Of The Creator® suggests and invites your review, Sacred Mandate and Divine Right Order®, mission statements, service rendered through this organization. Mr. Hale and his colleagues are a wonderful example of patterns, what all of humanity can choose to leave behind, as no longer needed. Individual focus of attention, from what will not work, to what does work, is part of the solution. Everlasting peace and harmony is enhanced through our collective thought, word and action. Even Mr. Hale becomes a contributor, the cause of our reflecting, eliminating discriminatory thoughts, words and deed in our expression, those reading who arrived, due to his actions - in that we can find value - and give thanks.
FINAL JUDGMENT for The Foundation, after appeal to the
US Supreme Court, was issued October 24,
2003. The permanent injunction, to cease and desist in use of the
trademark Church Of The Creator® by white supremacists was not
well received. Federal investigation, surveillance of activity, their
rejection of the court ruling, resulted in grand jury allegations, issue
of warrant and arrest of Mr. Hale.
Historical Case After repeated delays and opportunities the Defendant white supremacists failed to appear and were fined $200,000, for contempt of Court. Due to the "Exceptional Case" ruling, the US 7th Court Of Appeals also review and established new standards for litigation conduct. The Court Mandate resulted in another Final Order, the Defendant must pay an additional $450,747, a substantial portion of the Foundation's attorney fees during the litigation. The trademark case TE-TA-MA v World Church, is becoming known as one of the most unusual in US history. See the Appellant Brief - Exceptional Case Issue, filed December 22, 2003 and Court Docket for the details, history, of the twists and turns of this case.
Attorneys from Kirkland & Ellis, Plaintiff's legal team, were reported to say "I'm not expecting a check on my desk Monday morning." Plaintiff is seeking public help to offset expenses associated to the litigation. The three plus years of costly litigation has far outreached the award entered. Anyone involved in litigation know that collection is rare. To date collection has been $ 0.00. Plaintiff invites contribution from the general public to help offset the costs, expense to stand against hate/fear and mis-use of the words "Church" and "Creator."
The case is an example of standing against hate/fear based philosophies propelled by terrorists and bullies. The Foundation, its directors, attorneys of Kirkland & Ellis and the judge have received and stood up to many threats, including death and the burning down of it's church around its director.
Undaunted, the Plaintiff Foundation has prevailed in principle and through law. Your help is requested to return to those who have stood up for their rights, some of the out of pocket money it has taken to reach this judgment in trademark, for surely it has had a far greater benefit to the general public that anticipated by the legal system.
This Organization incorporated in 1975, under California Statutes, a nonprofit Public Benefit Corporation, and started as Grace House Prayer Ministry several years prior to that date. Church Of The Creator®, COTC, is the Public Ministry expression of TE-TA-MA Truth Foundation- Family of URI® Inc. Church History
® Litigation Updates
History & Comment By Other Organizations
USA v. Matthew Hale
USA v. William A. White
Church Of The Creator®, Divine Right Order®, "Human Software For Being"® and URI® are registered trademarks of TE-TA-MA Truth Foundation - Family of URI® Inc. © 1977-2012. All Rights Reserved.