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EFF labels MORMON "generic": could this challenge extend to SCIENTOLOGIST?

Discussion in 'News and Current Events' started by failboat, Feb 26, 2016.

  1. failboat Member

    Tim Lince, a blogger for World Trademark Review, published a piece today entitled:
    EFF labels MORMON "generic": could this challenge extend to SCIENTOLOGIST and other similar marks?

    The tl;dr is that the Electronic Frontier Foundation wrote a letter in defense of a Mormon group that was accused by the LDS of using its trademarked term "Mormon," in which letter the EFF argues that the term "Mormon" is generic. The dispute seems to be just at the beginning stages of lawfare - no courts involved yet, apparently.

    Excerpt -
    The claim that the term MORMON is generic raises the question of whether other religious marks could be accused of the same. A 2015 paper entitled ‘Religions as Brands: New Perspectives on the Marketization of Religion and Spirituality’ talked about the registration of religious marks, noting: “If religious brands followed legal brand practices, names such as [...] ‘Catholicism’, ‘Roman Catholic’, ‘Islam’ would be registered as trademarks. For most world religions, these names are considered generic names that cannot be registered as trademarks. For new religions such as Scientology, the situation is quite different.”

    Hence The Church of Scientology boasts a number of registered trademarks (there is even an entire Wikipedia article on the subject), including marks for SCIENTOLOGIST, the term used to describe members of The Church of Scientology. So could the charge of genericism be levelled at that? Not necessarily, Ranieri responds: “I am not a religious scholar, but I note that the Mormon community's use of the term may be a distinguishing factor from, say, those affiliated with the Church of Scientology. That is, the term ‘Mormon’ hasn't been uniquely applied to solely identify the LDS Church as a source of goods or services. Its use has been much broader than that, as recognised by the Trademark Office when it rejected the LDS Church's attempt to register the term ‘Mormon’ for a broader category than it received, and when it distinguished cases the LDS Church was relying on to argue names of religions can be trademarked.”

    Douglas Wolf, a partner at Wolf Greenfield, weighs in by noting the relatively young age of the Church Of Scientology (which was founded in 1953) places it in a different situation than more established religions. “Other religions are so old that protecting the brand is not possible since the words and phrases have been lost to the public domain. Capturing (or recapturing) exclusivity is impossible for those terms,” he says. “Related to this is the size of the religions and the diffuse nature of the practice. The Mormon religion is based and focused in Salt Lake City under a single body. Scientology is similarly focused. I suppose Roman Catholics have the Vatican home base, but the sheer numbers of followers and thousands of years of practice probably precludes any possibility of bringing it under one ownership.”

    World Trademark Review contacted a relevant person at The Church of Scientology, and we await their response.


    More at source - http://www.worldtrademarkreview.com/Blog/Detail.aspx?g=6f46d4e2-9888-40ee-99e6-bdd2c935ff4f
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  2. anonysamvines Member

    Oh I hope the faggots organising the First Independent Co$ have seen this

    And use it in court.

    Before they too fail for faggotry

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