Episcopal Diocese of Fort Worth Files Federal Motion for Partial Summary Judgment
On Monday, December 13, 2010, the Episcopal Diocese of Fort Worth filed a Motion for Partial Summary Judgment with the Hon. Terry R. Means, District Judge in the Northern District of Texas, to protect its federally-registered name and seal from infringement by former bishop Jack Iker.
The Episcopal Diocese of Fort Worth has been using its historic name and seal for nearly thirty years. The United States Patent and Trademark Office has awarded the Episcopal Diocese two federally-registered service marks to protect that name and seal from unauthorized uses that are likely to confuse or mislead churchgoers. Despite demands to stop, former bishop Jack Iker, who left The Episcopal Church in 2008, is using the Episcopal Diocese’s federally-protected name and seal to advertise and raise funds for his new church.
In its Motion for Partial Summary Judgment, the Episcopal Diocese of Fort Worth shows that Defendant Iker’s use of these marks is contrary to a century of American law and has already caused confusion among churchgoers. The Motion also presents evidence that Defendant Iker’s actions contradict his own sworn testimony to a prior court. And finally, the Motion seeks an injunction to stop Defendant Iker from further infringing the federally-registered marks.
Under the Federal Rules of Civil Procedure, Defendant Iker has twenty-one days from the date of this Motion to file a response. The Motion for a Partial Summary Judgment and other documents related are listed below.
Appendices in Support of Motion for Partial Summary Judgment: