Page:Urantia Foundation v. King.pdf/2

172 Action by The Urantia Foundation, against William Burton King, Urantian Research, Urantian School of Research, Doris George, and Barbara King, for copyright, trademark, service mark, and trade name infringement, and unfair competition. Judgment for plaintiff.

Gray, District Judge.

After a hearing held on March 7, 1977, in this Court, and upon the record before this Court, the Court makes the following findings:

1. Plaintiff, URANTIA FOUNDATION (Foundation) is an Illinois foundation created by Declaration of Trust in 1950; is a resident of the State of Illinois, and is engaged in furnishing to the general public religious educational goods and services, including The URANTIA Book.

2. URANTIA Brotherhood, a licensee of Foundation, is a social and fraternal organization with a religious objective, and was formed in January, 1955 for the purpose of providing a vehicle for the dissemination, discussion, understanding and socialization of the teachings of The URANTIA Book.

3. From time to time URANTIA Brotherhood authorizes qualified local groups of persons to identify themselves as a “URANTIA Society”, each of which is a social and fraternal group with a religious objective, and is formed for the purpose of studying and discussing The URANTIA Book and its teachings. Currently there are ten such authorized URANTIA Societies in the United States, including one in Los Angeles, identified as the First URANTIA Society of Los Angeles.

4. The individual Defendants herein were, at one time, members of the First URANTIA Society of Los Angeles.

5. Defendant William Burton King (King) is, and at all times material hereto was, a resident of the State of California, County of Los Angeles.

6. Defendant Barbara A. King (B. King) is, and at all times material hereto was, a resident of the State of California, County of Los Angeles.

7. Defendant Doris George (George) is, and at all times material hereto was, a resident of the State of California, County of Los Angeles.

8. Defendant, Urantian School of Research, was incorporated as a California corporation in 1966, and changed its name to Urantian Research in 1971.

9. Defendant, Urantian Research is a California corporation and the same legal entity as Urantian School of Research, which became Urantian Research by change of name.

10. Dr. William S. Sadler, Sr. had possession of the original unpublished handwritten manuscript of The URANTIA Book.

11. Dr. Sadler had said manuscript typed, and from the typed manuscript he had approximately two thousand two hundred (2200) plates made for the printing of The URANTIA Book, which plates were paid for by monies which were contributed for that purpose.

12. Foundation was formed in 1950 by a group of individuals who were Trustees of Foundation, and to whom possession of said plates was given by Dr. Sadler.

13. After Foundation was formed said plates were held in trust by it for the purposes for which Foundation was formed.

14. Foundation published The URANTIA Book on October 12, 1955 with a notice of copyright on the verso of the title page thereof and was the owner of the plates used to print The URANTIA Book.

15. The notice of copyright appearing on the verso of the title page of The URANTIA Book at the time of publication stated “copyright © 1955”, and below that appeared “URANTIA FOUNDATION”.

16. This same notice of copyright has appeared on all copies of The URANTIA Book published by Foundation or under its authority since October 12, 1955.

17. After publication of The URANTIA Book, Foundation applied to the Copyright Office to register its claim to copyright in said book, and on January 3, 1956 the Copyright Office issued to Foundation Certificate of Registration No. A 216,389, which is the registration of Foundation’s claim to copyright in The URANTIA Book, as the proprietor thereof.

18. The URANTIA Book is an original work.