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Trademark Ruling Favors
Adventist Church


n April 27, 2000, a federal judge in Miami, Florida, ruled that the Eternal Gospel Church of Seventh-day Adventists of West Palm Beach must stop using the name "Seventh-day Adventist" to identify its congregation and radio broadcasts.

This ruling is significant because it strengthens the Seventh-day Adventist Church's ongoing efforts to protect its name, says Walter Carson, an attorney in the General Conference Office of General Counsel. It also affirmed the church's right to the name.

The ruling, issued by Judge James Lawrence King in the U.S. District Court, enjoins the Eternal Gospel Church and its pastor Raphael Perez from using the words Seventh-day Adventist, the acronym SDA, or the Spanish equivalent, to advertise or publicize their congregation. The Court found these terms "confusingly similar" to the Adventist Church's registered names and trademarks.

The judgement culminates a two-year old effort against the Eternal Gospel Church and pastor Perez. According to court documents, the Eternal Gospel Church was formed in 1991 by Perez and has 40 to 50 supporters. In 1991 and 1992 Perez attempted to gain admission to the Southeastern Conference and later the Florida Conference. Each time the conferences denied Perez membership, the judge noted.

In 1994, Perez ran newspaper advertisements around the United States using the Seventh-day Adventist name, or "SDA." These names have also been used widely in fliers, billboards, audio tape recordings, and on radio broadcasts.

Carson says "this decision confirms the belief of the church that it has the right to protect the integrity of the church's name. It shows that individuals can not misuse the Church's good name." According to Carson, "The church's name is a form of property known as intellectual property that must be protected. If you allow people to use it you lose the rights the law affords to protect it."

However, press reports indicate that pastor Perez, a former a Adventist lay member, will likely appeal the decision. According to the Miami Herald newspaper, Perez does not intend to stop using the Seventh-day Adventist name. Since the church registered its name in 1980 there have fewer than six cases filed in the courts and only three have gone to judgement, Carson says.


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