To the editor:
Mr. Everett, your legal logic is inconsistent! In regard to your letter (The Examiner, May 26, “Legal logic could lead to some odd conclusions”), the restoration people who practice and teach the original doctrines of the church had used their rightful RLDS name for more than 20 years. These people had moved from the buildings in the 1980s after the leadership had locked them out.
In 2001, the CofC changed its name. If you want to use the analogy for the Devon Park congregation that you began, then be consistent with it.
Bob, the restaurateur – RLDS – has a restaurant called McDonald’s. He develops his own recipes and uses exclusive designs to represent his product. He partners with another man, George, who, after a while, wants to change the recipes and designs. Because legal papers have been signed in the partnership, Bob decides he’d best move to another building to avoid the conflicts that will clearly continue if he stays. So, he moves to another building and continues using the name he started with and the same recipes and designs. George (CofC) changes his restaurant to a completely different menu and designs and changes the name of his restaurant to Smitty’s.
Then, George realizes a lot of old customers are frequenting McDonald’s because they have found those old recipes they enjoy. After having tasted the new menu, they realize that Smitty’s doesn’t have the “original recipe.” The paperwork states that the original building houses “McDonald’s,” which is to George’s advantage.
Recognizing this, George files for trademark rights to the McDonald’s name so he can sue Bob. George doesn’t use the original name either, but that doesn’t matter to him. Bob is shocked that his old friend would do such a thing and that, even though George is not even using the recipes or the name, he wants to stop Bob from using them too! So, what should Bob do?
Should he abandon the name and identity he has had all along because George is using the legal system to bully him? Or, should he stand up and say, “Wait a minute. That name describes my recipes and my restaurant and not yours! Leave me alone!” We’ll let the readers decide.