163 lines
5.8 KiB
Plaintext
163 lines
5.8 KiB
Plaintext
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THE HON. CHARLES A. LEGGE
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O.T.O. v. Motta
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Judgment
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News of this Judgment deciding the outcome of the O.T.O.'s suit
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against Marcelo Motta was received on the morning of July 12, 1985
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E.V.--Caliph Hymenaeus Alpha's work was complete. He died peacefully
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later that day, before news of the victory reached his ears.--H.B.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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GRADY McMURTRY, WILLIAM E. HEIDRICK, P. SECKLER, H. P. SMITH, JAMES
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WASSERMAN, individuals, ORDO TEMPLI ORIENTIS, a California
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corporation, THELEMA PUBLICATIONS, a business entity,
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Plaintiffs
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v.
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SOCIETY ORDO TEMPLI ORIENTIS, a corporation, THELEMA PUBLISHING
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COMPANY, a corporation, MARCELO RAMOS MOTTA,
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Defendants
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JUDGMENT
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THE action was tried from May 13, 1985, through May 17, 1985, before
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Charles A. Legge, United States District Judge, sitting without a
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jury. The plaintiffs appeared through their counsel Stuart I.
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MacKenzie. The defendants appeared through their counsel Robert E.
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Mittel. Evidence, both oral and documentary having been presented by
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both parties, the cause having been argued and submitted for decision,
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the court having caused to be made and filed July 10, 1985, its
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written Findings of Fact and Conclusions of Law; now therefore,
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Judgment is entered as follows:
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1. In favor of plaintiffs P. Seckler, Grady McMurtry, H. P. Smith,
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and James Wasserman, individually and severally, and against
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defendants Marcelo Ramos Motta (hereinafter ``Motta'') and Society
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Ordo Templi Orientis (hereinafter ``SOTO''), jointly and severally, on
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the third cause of action of plaintiffs' complaint in the amounts of
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$10,000 general damages and $25,000 punitive damages for each such
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plaintiff.
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2. In favor of defendants Motta and SOTO and against plaintiff
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William E. Heidrick on the third cause of action.
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3. Declaring that:
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(a)On the first cause of action of plaintiffs' complaint, defendants
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engaged in unfair competition regarding the use of the name ``Ordo
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Templi Orientis,'' the initials ``OTO,'' and the insignia and other
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properties of plaintiff Ordo Templi Orientis (hereinafter ``OTO'').
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(b)On the second cause of action of plaintiffs' complaint, defendants
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infringed trademarks owned by plaintiff OTO.
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(c)On the fifth cause of action of plaintiffs' complaint, defendants
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unfairly competed in the use of the name ``Thelema.''
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(d)Defendants do not own or have the right to use any of the
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copyrights or publications of Aleister Crowley.
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(e)Defendant Motta is not the designated secular Outer Head of
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plaintiff OTO, and has not been designated by any secular authority as
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Outer Head of Ordo Templi Orientis.
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(f)Defendants' purported registration of copyrights of material
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pertaining to Ordo Templi Orientis are invalid because defendants did
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not and do not own the material purportedly copyrighted.
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(g)Plaintiffs did not breach any copyrights of defendants.
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(h)Plaintiffs did not violate defendants' alleged trademarks regarding
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the insignia of OTO.
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(i)Plaintiffs did not violate defendants' alleged trademarks regarding
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SOTO.
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(j)Plaintiffs did not violate any federal trademark regarding the name
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``Ordo Templi Orientis'' or the symbol ``OTO.''
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(k)Plaintiff OTO is entitled to the exclusive use of the trademarks
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and names claimed by defendants, except that defendant SOTO has the
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continued right to use the name ``Society Ordo Templi Orientis'' and
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the initials ``SOTO.''
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(l)Plaintiff Grady McMurtry owns the interest in Magick Without Tears
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assigned to him by Aleister Crowley.
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(m)Plaintiff OTO is entitled to the possession and ownership of (i)
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all other materials copyrighted in the United States about Ordo Templi
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Orientis, (ii) the archives of OTO, and (iii) all other writings by
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Aleister Crowley which are not in the public domain.
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(n)Defendants' purported registration of trademarks are invalid,
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because defendants did not and do not own the marks, except those of
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SOTO.
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4. Defendants Motta and SOTO, and agents, servants, employees,
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representatives, successors and assigns acting for them, or in active
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concert or participation with them, are permanently enjoined and
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restrained from:
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(a)Using, registering, publishing, distributing, or infringing (i) the
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copyrights, trademarks, trade names, service marks, and service names
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held by plaintiff OTO; (ii) the name ``Thelema'' when used as the
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publisher or distributor of written material; (iii) all other titles
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of works used to date by plaintiff OTO in various publications; (iv)
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all writings and publications of Aleister Crowley which are not in the
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public domain; (v) the initials ``OTO''; and (vi) all titles of honor,
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emblems, insignia, registers, symbols, or any other property or
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articles of plaintiff OTO.
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(b)Representing (i) that Motta has been designated by any secular
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authority as Outer Head of Ordo Templi Orientis, or (ii) that
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defendant SOTO is authorized by any secular authority as the successor
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of the organization, beliefs, and practices established and developed
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by Aleister Crowley and Ordo Templi Orientis.
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5. All registrations undertaken by defendants, whether directly,
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indirectly, or in their name, or any of the matters adjudged herein to
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be the property of plaintiffs, whether purportedly registered as a
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copyright, trademark, service mark, trade name, service name, or
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otherwise, are invalid, and at plaintiff OTO's election, are to be
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rescinded and cancelled by the appropriate government registration
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office, whether the United States Patent and Trademark Office, the
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United States Copyright Office, or other.
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6. Defendants take nothing on their cross-complaint.
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7. Plaintiffs are entitled to their costs of suit in the amount of
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$1,245.21
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Dated: September 10, 1985.
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CHARLES A. LEGGE
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UNITED STATES DISTRICT JUDGE
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