Consumed by Litigation

Posted: November 14, 2012 by boydmonster in Anglican Communion, Thought and Practice in the Diocese of South Carolina

Chris Seitz offers this insightful commentary on TEC’s actions so far in The Diocese of South Carolina.  Again, the problem isn’t that the Diocese is splitting up, its that TEC will not allow the process to happen peacefully.

“One need not speculate as to the purpose of the actions to confiscate the Diocese’s name and seal. TEC has already followed the same path in Fort Worth. Their objective is to assume the legal identity of the departed diocese and then attempt to register that identity with the federal trademark office in Washington. This requires as a prerequisite a demonstrated use of the trademarks by the party seeking to register them. But all of this is mere groundwork for a subsequent trademark infringement action in federal court in which TEC attempts to litigate highly disputed issues of church polity in the unrelated context of trademark law. TEC tried exactly this litigation tactic in Fort Worth to circumvent the state court where TEC itself had initially filed suit, but the tactic failed when Bishop Iker successfully moved the federal court to stay the litigation pending the adjudication of the controlling state law issues.”

You can read the rest here

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