Well, I have to say that I'm not the least bit surprised that TWIM lost in this particular court case. The name, "The Way International Mininistries" sounds waaaay too much like "The Way International" for it not to be a Trademark infringement.
I somewhat doubt that they have a legitimate claim of Trademark infringement in EVERY case in which a religious organization uses the words, "The Way" in its title. I still think that, had he proper legal representation, and scads of money, Pat could have won his legal wrangle with TWI on, "The Way of Christ" dispute. Aren't there other (several) Christian ministries out there, calling themselves, "The Way of" something or other? The Way of Peace, The Way of Jesus, The Way of God, The Way of Grace, The Way of Christ, The Way of Light, Church of The Way, etc. Surely, The Way International could not prevail in convincing any court that any of the above titles infringes against their Trademark, or causes any level of brand confusion!
Let them try to bully that many churches, and see where it gets them. If they think they have image problems now... -->
I withdrew my trademark application 2 years ago because it was too costly to pay a lawyer at $250/hr for a $300 trademark. Today, doing it myself, I might have pursued it although it wasn't a big issue anyway. The website name means the same. Path also means way in the dictionary.
I agree that Pat probably could have won the Way of Christ dispute, with one caveat: all the other ministries mentioned by cherished child arrived at their names independently of TWI. Whatever you think of Pat's use of the name, I don't think it's credible to argue that he arrived at it independently. More important, I don't think there is a jury on earth who would arrive at that conclusion. That's why TWI would probably lose against most ministries, but would stand a better chance fighting Pat on that one.
I don't know if that's enough to predict a legal loss.
Radar,
I would agree with you if it didn't mean the potential loss of money and resources from those challenging TWI. TWIM could have used that money and time and energy for a more useful purpose. I'm sorry that their time and effort came to naught (then again, at least they didn't get sued for previous trademark violations: a pyrrhic victory, but still a victory).
I understand where you are coming from, and in no way would I ever advocate frivolous or baseless lawsuits. That is the the paradox of our legal system, each side is called upon to present their case, then it will be dismissed, pursued, and judged on it's merits. In America we are privileged to have the right to "trial by jury," or it's equivalent (mediation, settlement, etc,) not guaranteed to WIN
For me, it is the very fact that people and organizations are standing up and claiming that right that is comforting.
Would I prefer that twim, allens, parker, peeler, roberge WIN? YOU BETCHA.....but it is the fact that they are pursuing what they believe to be justice that is helping me regain my own soul.
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Raf
Sad to say, I agree with this assessment.
Amen, sister.
Good luck, Pat.
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Cherished Child
Well, I have to say that I'm not the least bit surprised that TWIM lost in this particular court case. The name, "The Way International Mininistries" sounds waaaay too much like "The Way International" for it not to be a Trademark infringement.
I somewhat doubt that they have a legitimate claim of Trademark infringement in EVERY case in which a religious organization uses the words, "The Way" in its title. I still think that, had he proper legal representation, and scads of money, Pat could have won his legal wrangle with TWI on, "The Way of Christ" dispute. Aren't there other (several) Christian ministries out there, calling themselves, "The Way of" something or other? The Way of Peace, The Way of Jesus, The Way of God, The Way of Grace, The Way of Christ, The Way of Light, Church of The Way, etc. Surely, The Way International could not prevail in convincing any court that any of the above titles infringes against their Trademark, or causes any level of brand confusion!
Let them try to bully that many churches, and see where it gets them. If they think they have image problems now...
-->
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Radar OReilly
Regardless of the merits of any of the lawsuits (past, present or future,) there is one important fact that the ex-way community should not overlook:
Each and every one of these lawsuits are draining time, energy, reputation and MONEY out of the twi....for that reason alone......I say
"KEEP 'EM COMING FOLKS!!!"
More power to them.
Radar
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pjroberge
CC:
I withdrew my trademark application 2 years ago because it was too costly to pay a lawyer at $250/hr for a $300 trademark. Today, doing it myself, I might have pursued it although it wasn't a big issue anyway. The website name means the same. Path also means way in the dictionary.
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Raf
I agree that Pat probably could have won the Way of Christ dispute, with one caveat: all the other ministries mentioned by cherished child arrived at their names independently of TWI. Whatever you think of Pat's use of the name, I don't think it's credible to argue that he arrived at it independently. More important, I don't think there is a jury on earth who would arrive at that conclusion. That's why TWI would probably lose against most ministries, but would stand a better chance fighting Pat on that one.
I don't know if that's enough to predict a legal loss.
Radar,
I would agree with you if it didn't mean the potential loss of money and resources from those challenging TWI. TWIM could have used that money and time and energy for a more useful purpose. I'm sorry that their time and effort came to naught (then again, at least they didn't get sued for previous trademark violations: a pyrrhic victory, but still a victory).
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Radar OReilly
Raf,
I understand where you are coming from, and in no way would I ever advocate frivolous or baseless lawsuits. That is the the paradox of our legal system, each side is called upon to present their case, then it will be dismissed, pursued, and judged on it's merits. In America we are privileged to have the right to "trial by jury," or it's equivalent (mediation, settlement, etc,) not guaranteed to WIN
For me, it is the very fact that people and organizations are standing up and claiming that right that is comforting.
Would I prefer that twim, allens, parker, peeler, roberge WIN? YOU BETCHA.....but it is the fact that they are pursuing what they believe to be justice that is helping me regain my own soul.
Radar
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pjroberge
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Radar OReilly
Dang Raf,
I wrote a response back to you, but I used a "certain someone's" last name and it went into moderation.
You can read it in ....what? A few days?
ror
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Raf
Deleted because of unforeseen edit.
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