I have a friend ( really its not me) that is trying to use trademark cancellation as a defense against charges of trademark infringment, cybersquatting and unfair competion under Vermont State Laws.
(IMO he will be found guilty of most of these if his defense fails)
The trademark ( word mark/ service mark) in question is "The Way(R)" and an applied for trade mark "The Way Intertnational"
My friend (Pro se) wants to argue in Federal Court that "The Way" is a "religious belief" from the Bible ( John 14:6) and ( Acts 19). And it is a violation of his rights to prevent him from having a ministry named "The Way of Christ Ministries Inc" Which name the plaintiff has demanded he stop using as part of the suit.
He also wants to aruge that "The Way" should never have been given a trademark becasue they:
1. Did not reveal to the USPT that many others used/use "The Way" in their church organization name, eg The Way of Truth, Church on the The Way, etc ( there are over 500 now).
2. The Way has not policed their trademark (except selectively againt detractors) and as a result has become diluted/generic.
Note: The Way International is considered a cult my many. And has been steeped in scandal over the years.
Does anyone with any Trademark experience think this fellow has any chance at all in getting this trademark canceled? I looked at the Landam Act and some previous court rulings like this one:
http://www.cacd.uscourts.gov/CACD/RecentPubOp.nsf/0/964acc8107f2f31988256b48007a0489?OpenDocumentAny Comments or suggestions ?
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Topic: Trademark Cancellation (Read 1285 times)
