Page:Urantia Foundation v. King.pdf/4

174 37. The tract entitled “QUESTIONS AND ANSWERS (that apply to paper 1–73)” (annexed to the Complaint as Exhibit “S”) published and distributed by Defendants, was copied largely from The URANTIA Book.

38. All of the copying from The URANTIA Book which has been done by Defendants has been without any permission from Foundation.

39. Defendant King knew of The URANTIA Book as early as 1963 and, in 1964 he requested permission from Foundation to use the word “Urantia” as a part of the name of his proposed “school” of research.

40. Foundation refused permission to Defendant King to use the word or name “Urantia” in his proposed school.

41. Defendant King agreed that he would not use “Urantia” in the name of his school, and thereafter began operating as “Christian School of Research”.

42. While operating as “Christian School of Research”, Defendants began publishing and distributing literature largely copied from The URANTIA Book, to which Foundation objected in writing.

43. Without the knowledge of or permission from Foundation, Defendant King changed the name of his school to “Urantian School of Research”, and continued to publish and distribute material copied from The URANTIA Book.

44. Defendants have used and are now using the word URANTIAN as the dominant part of the corporate name “Urantian Research” with full knowledge of the prior use thereof by Foundation as a part of its trade name and as a trademark and service mark.

45. Registration No. 915,734 is a registration of the trademark “URANTIA” for Books and was issued to Foundation by the United States Patent Office on June 29, 1971.

46. Registration No. 948,104 is a registration of the service mark “URANTIA” for religious educational services, namely religious teaching, and was issued to Foundation by the United States Patent Office on November 28, 1972.

47. California State registration No. 1,355 is a registration of the service mark “URANTIA” for religious educational services and was issued to Foundation by the Secretary of State for the State of California on July 30, 1971.

48. Defendants have used, and are now using, URANTIA and/or URANTIAN on and in connection with its various publications and the dissemination thereof deliberately and with full knowledge of Foundation’s prior use thereof in the same connection.

49. The defendants’ place of business is listed in the yellow pages of the Los Angeles telephone directory, on page 1748 thereof as “Urantian Research Centre”, immediately below the listing of the authorized “Urantia First Society of Los Angeles”.

50. The word URANTIA has come to be associated by the public with Foundation, the URANTIA Brotherhood, or the URANTIA Societies authorized thereby.

51. The word URANTIA has also come to be associated by the public with the goods and services furnished by Foundation or those organizations associated therewith or authorized thereby.

52.

53. The word URANTIA is a unique word in the English language, and was unknown to the public prior to the publication of The URANTIA Book.

1. This Court has jurisdiction of the parties and the subject matter of this case for copyright, trademark, service mark and trade name infringement, and for unfair competition, and venue is proper.

2. Each of the 28 claims for relief states a claim upon which relief may be granted.

3. Foundation owns the copyright in The URANTIA Book.

4. All copies of The URANTIA Book have been published with the proper notice of copyright.

5. The copyright in The URANTIA Book is valid.

6. The Certificate of Registration of Foundation’s claim to copyright in The URANTIA Book No. A 216,389, is prima facie evidence of originality, ownership, and the copyrightability thereof.

7. Ownership of the common law copyright in the subject matter of The URANTIA Book was in Dr. William S. Sadler, Sr. who transferred title therein to Foundation.

8. Foundation was the owner of the common law copyright in The URANTIA Book, and had the right to obtain the statutory copyright therein.

9. There is no statutory requirement that an author be named in the Certificate of Registration of a claim to copyright, and failure to name an author, or naming a wrong author, or naming fewer than all