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ARTICLE · 11 NOVEMBER 2018

Second Circuit Affirms Holding That Universal Church Is Generic

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The Second Circuit reasoned that efforts to police the use of the term are not relevant to whether the term is generic.

United StatesIntellectual Property
Brian Darville
Brian Darville
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In a summary order, the Second Circuit affirmed the district court's summary judgment holding that the registered marks UNIVERSAL CHURCH and THE UNIVERSAL CHURCH are generic for evangelistic and ministerial services and for religious counseling and ministerial services.  The Universal Church, Inc. v. Toelner, 17-2960-cv (2d Cir. Nov. 2, 2018).

The Universal Church had sued Universal Life Church and various related personnel for trademark infringement, unfair competition, anticybersquatting and related claims based on Universal Life Church's  use of UNIVERSAL LIFE CHURCH.  The district court granted summary judgment to Universal Life Church on the grounds that UNIVERSAL CHURCH and THE UNIVERSAL CHURCH are generic terms.

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