Page:Urantia Foundation v. King.pdf/5

194 USPQ authors does not affect the validity of a copyright.

10. Each of the publications attached to the Complaint and identified as Exhibits “A”, “H”, “I”, “K”, and “N”, published and disseminated by Defendants was copied in its entirety from The URANTIA Book and constitutes an infringement of the copyright therein.

11. Each of the publications attached to the Complaint and identified as Exhibits “D”, “E”, “F”, “G”, “J”, “L”, and “O” through “S” was copied largely from The URANTIA Book and constitutes an infringement of the copyright therein.

12. Foundation owns the trademark URANTIA for books, pamphlets, and other types of religious educational material.

13. Foundation owns the service mark URANTIA for religious educational services.

14. Registrations Nos. 915,734 and 948,104 issued by the United States Patent Office for the trademark and service mark URANTIA are owned by Foundation, and are valid and subsisting.

15. The word “URANTIAN” is a colorable imitation of “URANTIA”.

16. Defendants’ use of URANTIA or URANTIAN in the name of the corporate defendant and on pamphlets and other literature constitutes an infringement of Foundation’s trademark and service mark rights and of its trade name.

17. The word URANTIA is unique in the English language and is neither descriptive nor geographical, nor does it have any primary significance other than to identify Foundation and those authorized by it and the services performed by them.

18. There has been actual confusion, and therefore a likelihood of confusion, in the public mind as to the relationship between Defendant “Urantian Research” and Foundation and its authorized organizations.

19.

20. Defendants’ actions constitute unfair competition with Foundation.

21. Foundation is entitled to an injunction enjoining Defendants and each of them from continuing to use URANTIA or any colorable imitation thereof, in connection with their publications, services and as a business name, except in an identification of the subject matter of the defendantsdefendants’ [sic] studies.

22. Foundation is also entitled to injunctive relief enjoining Defendants from copying material from The URANTIA Book.

23. Foundation is also entitled to damages.

[The following decision was designated by the board to appear in digest form only.]

Appeal from Examiner of Trademarks.

Application for registration of trademark of Pharmavite Pharmaceutical Corporation, Serial No. 37,012. From decision refusing registration, applicant appeals. Affirmed.