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NAME CHANGE

 

Letter from the General Conference of Seventh-day Adventists, dated June 28, 2007

The following is a copy of the letter received from the General Conference of Seventh-day Adventists' legal department demanding that Guthrie Memorial Adventist Chapel change its name.


SEVENTH-DAY
ADVENTIST CHURCH
General Conference
World Headquarters

Office of General Counsel

12501 Old Columbia Pike
Silver Spring, Maryland
20904-6600 USA
Telephone (301) 680-6320
Fax (301 680-6329

June 28, 2007
 
CERTIFIED MAIL
 
Mr. Fillmer Hevener
Route 2, Box 1425
 Farmville, VA 23901

Re: Guthrie Memorial Adventist Chapel
Trademark/Service Mark Infringement
False Designation of Origin
Unfair Competition
Dilution
U.S. Reg. Nos. 176,153 and 1,218,657
ADVENTIST(R)
 
Dear Mr. Hevener:

The General Conference Corporation of Seventh-day Adventists(R) Office of General Counsel, represents the Seventh-day Adventist(R) Church and the General Conference Corporation of Seventh-day Adventists(R) in many legal matters, including protecting the Church's intellectual property rights. The General Conference Corporation of Seventh-day Adventists is the registrant of the above-captioned ADVENTIST(R) trademarks/service marks and the owner of the common law mark ''SDA(TM)."
 
I have been informed that you were once a member of the Seventh-day Adventist(R) Church family, but sadly chose to leave the Church and form your own congregation called Guthrie Memorial Adventist Chapel. Please understand that since you decided to leave the sisterhood of Seventh-day Adventist(R) churches, you can no longer identify your congregation with any of the Church's registered trademarks/service marks such as ADVENTIST(R). Therefore your current use of ADVENTIST(R) is unauthorized and contrary to the express wishes of the Potomac Conference of Seventh-day Adventists (R).

Your congregation's use of the ADVENTIST(R) mark in the name of its religious organization constitutes any one or all of infringement, false designation of origin, unfair competition and federal dilution under the trademark (Lanham) Act, as well as dilution under most anti-dilution laws of the individual states of the United States. A name such as yours that uses evident marks of the Seventh-day Adventist(R) Church, causes immediate initial likelihood of confusion because

               ____________________________________________
 
F. Hevener
Guthrie Memorial Adventist Chapel
June 28, 2007
Page 2 of 3

 
a person immediately associates the name directly with sponsorship by the Seventh-day Adventist(R) Church as to the source of products or services associated therewith.

We have brought this matter to your attention to request that you immediately cease and desist from using the registered marks of the Seventh-day Adventist(R) Church; and that you choose another name for your religious organization that does not infringe on the Church's intellectual property rights. In choosing your new identification, please note that SEVENTH-DAY ADVENTIST(R) is also a registered trademark/service mark and is not available for use in identifying your religious organization. Like wise, the Church has common law intellectual property rights to SDA(TM), and your congregation must refrain from its use with respect to your religious organization as well.

Kindly confirm your compliance with these demands in writing as well as by removing the Church's trademarks/service marks from any signage, literature, domain names, websites, brochures, and from any other place, location or other use within the next thirty (30) calendar days.

This letter is written without prejudice to all further rights of the Seventh-day Adventist(R) Church including, but not by way of limitation, the right to injunctive relief to obtain the cessation of your use of SEVENTH-DAY ADVENTIST(R), ADVENTIST(R) and SDA(TM) in any manner in association with your activities.

I write this letter with all due respect. It is not intended to interfere with your religious practices; however, because you no longer subscribe to the beliefs and practices of the Seventh-day Adventist(R) Church, you must select another name rather than use the name adopted and used by the Seventh-day Adventist(R) Church for almost 150 years.
 
Please feel free to contact my office if you wish to discuss this further.

Sincerely,

(signed)
Robert E. Kyte
General Counsel


REK: Ibm

               ____________________________________________


F. Hevener
Guthrie Memorial Adventist Chapel
June 28, 2007
Page 3 of 3

 
AGREEMENT

I, Fillmer Hevener, as a representative of the GUTHRIE MEMORIAL ADVENTIST CHAPEL, hereby agree to immediately cease and desist from using the registered trademark/service mark ADVENTlST(R) in identifying my congregation. Further, I agree to refrain from using any of the Seventh-day Adventist(R) Church's registered trademarks/service marks in my activities without the express written consent of the General Conference Corporation of Seventh-day Adventists(R), Office of General Counsel.

Agreed to and signed this __ day of ________ , 2007.

_______________________________
Fillmer Hevener
Organization Name: Guthrie Memorial Adventist Chapel


 

2005 Guthrie Memorial Chapel