Page:Urantia Foundation v. Maaherra (D. Ariz. 1995).pdf/3

 L. Dale Owens and Scott A. Wharton, of Booth, Wade & Campbell, Atlanta, GA, for plaintiff.

Joseph D. Lewis, of Cleary & Komen, Washington, DC, for defendant.

URBOM, Senior District Judge.

This cause is before the court on the plaintiff’s motion for partial summary judgment pursuant to Rule 56(d) of the Federal Rules of Civil Procedure. The plaintiff, Urantia Foundation, asserts that neither the free speech nor the religion clauses of the First Amendment to the United States Constitution provide the defendant, Kristen Maaherra, a viable defense to the plaintiff’s copyright and trademark infringement claims.

The plaintiff initially brought this action to enjoin the defendant from, among other things, infringing upon its copyright to The URANTIAUrantia [sic] Book and infringing upon its registered trademarks to the name “Urantia” and the three concentric circles associated with the Urantia Foundation. The defendant seeks to avoid the plaintiff’s claims in part by relying on the First Amendment as a