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[Freedom of Conscience]

Baha'i Faith & 7th Circuit Court of Appeals

http://bahaifaith7thcircuitcourtofappeals.blogspot.com/





Selected Newspaper Articles - Baha'i & 7th Circuit Court of Appeals



Ian RoeBuck commented on November 24, 2010 9:43 AM on chicagobreakingnews.com
"Actually after reading the decision, it did not "sidestep the issue of whether a religious organization can trademark
its name or icons." It said 1. the original ruling was troubling because it was determining issues of sucession, and 2.
because there is a difference between symbols and icons of a faith rather than a church. In other words one can
trademark syumbol of hte Prevyterian church, one can not trade mark the symbol or name Christian or the cross as those
are generic to the faith and not the church."

The Kansas City Star
Orthodox believers can keep calling themselves Baha'i, court rules
(FULL TEXT on one page)
http://www.kansascity.com/2010/11/25/2472247/orthodox-believers-can-keep-calling.html
Chicago Tribune: Orthodox believers can keep calling themselves Baha'i, court rules
The Pew Forum on Religion & Public Life
The News & Observer
http://www.newsobserver.com/2010/11/25/826913/orthodox-believers-can-keep-calling.html
7th Circuit: Baha'i Groups Not Bound By Old Trademark Injunction



Chicago Tribune. Baha'i rift. Baha'is upset with Orthodox Baha'i Faith
http://articles.chicagotribune.com/2009-05-18/news/0905170216_1_orthodox-community-rift-jesus-and-muhammad

Comments posted to The Chicago Tribune Forum on one page:
http://www.fglaysher.com/bahaicensorship/Chicago_Tribune.html

Baha'i Faith & Religious Freedom of Conscience
http://www.fglaysher.com/bahaicensorship

[Jeffrey]

Post by Freedom of Conscience
Baha'i Faith & 7th Circuit Court of Appeals
http://bahaifaith7thcircuitcourtofappeals.blogspot.com/
Selected Newspaper Articles - Baha'i & 7th Circuit Court of Appeals
Ian RoeBuck commented on November 24, 2010 9:43 AM on chicagobreakingnews.com
"Actually after reading the decision, it did not "sidestep the issue of whether a religious organization can trademark
its name or icons." It said 1. the original ruling was troubling because it was determining issues of sucession, and 2.
because there is a difference between symbols and icons of a faith rather than a church. In other words one can
trademark syumbol of hte Prevyterian church, one can not trade mark the symbol or name Christian or the cross as those
are generic to the faith and not the church."
The Kansas City Star
Orthodox believers can keep calling themselves Baha'i, court rules
(FULL TEXT on one page)http://www.kansascity.com/2010/11/25/2472247/orthodox-believers-can-k...
Chicago Tribune: Orthodox believers can keep calling themselves Baha'i, court rules
The Pew Forum on Religion & Public Life
The News & Observerhttp://www.newsobserver.com/2010/11/25/826913/orthodox-believers-can-...
7th Circuit: Baha'i Groups Not Bound By Old Trademark Injunction
Chicago Tribune. Baha'i rift. Baha'is upset with Orthodox Baha'i Faithhttp://articles.chicagotribune.com/2009-05-18/news/0905170216_1_ortho...
Comments posted to The Chicago Tribune Forum on one page:http://www.fglaysher.com/bahaicensorship/Chicago_Tribune.html
Baha'i Faith & Religious Freedom of Consciencehttp://www.fglaysher.com/bahaicensorship

While this is true, the Court did not rule on these grounds. It
pointed out the legal dilemma that the NSA put the federal court
system into. Here you have a district court judgment entered by
default, that the Remey NSA did not seek to overturn or appeal. So the
judgment was final. But the judgment was entered prior to the
landmark freedom of religion cases and it would have been difficult
for the federal court to enforce the terms of the judgment in today's
legal environment because it is an outrageous judgment that purports
to outlaw all manner of Baha'i except for the majority group of the
religion. Luckily they were able to "sidestep" the legal dilemma
because based upon the facts in this case the OBF and the BUPC were
not in privity with the Remey NSA and therefore the judgment no longer
applies to anyone and is just a moot relic of the past where it
belongs.

Jeffrey

[Freedom of Conscience]

Post by Jeffrey

Baha'i Faith& 7th Circuit Court of Appeals
http://bahaifaith7thcircuitcourtofappeals.blogspot.com/
Ian RoeBuck commented on November 24, 2010 9:43 AM on chicagobreakingnews.com
"Actually after reading the decision, it did not "sidestep the issue of whether a religious organization can trademark
its name or icons." It said 1. the original ruling was troubling because it was determining issues of sucession, and 2.
because there is a difference between symbols and icons of a faith rather than a church. In other words one can
trademark syumbol of hte Prevyterian church, one can not trade mark the symbol or name Christian or the cross as those
are generic to the faith and not the church."

While this is true, the Court did not rule on these grounds. It
pointed out the legal dilemma that the NSA put the federal court
system into. Here you have a district court judgment entered by
default, that the Remey NSA did not seek to overturn or appeal. So the
judgment was final. But the judgment was entered prior to the
landmark freedom of religion cases and it would have been difficult
for the federal court to enforce the terms of the judgment in today's
legal environment because it is an outrageous judgment that purports
to outlaw all manner of Baha'i except for the majority group of the
religion. Luckily they were able to "sidestep" the legal dilemma
because based upon the facts in this case the OBF and the BUPC were
not in privity with the Remey NSA and therefore the judgment no longer
applies to anyone and is just a moot relic of the past where it
belongs.
Jeffrey

"Just a moot relic of the past where it belongs": I would say that it
didn't even belong there. The Haifan nsa managed to push it past the
judge in 1966 for reasons that remain obscure.

In the US 7th Circuit Court of Appeals, February 20, 2009,
Judge Bauer: "Yeah, I read the Injunction [1966]. I just don't know how it
came to be. But you're going to enlighten me on that subject."
7th Circuit Court of Appeals Judges hammer NSA's attorney 2-20-09
http://www.fglaysher.com/bahaicensorship/USCourt_Appeals09.htm

Was there ever a response in court to Judge Bauer's demand that the nsa lawyer
"enlighten" him? I would be highly surprised if it were anything other
than deceit and deception.

Fortunately, the US 7th Circuit Court of Appeals understood what was
before them and ruled accordingly.
--
Opinion Handed Down by US 7th Circuit Court of Appeals, Case No. 08-2306
http://www.fglaysher.com/bahaicensorship/US_7th_Circuit_Court_of_Appeals_11-23-2010.html


Chicago Tribune. Baha'i rift. Baha'is upset with Orthodox Baha'i Faith
http://articles.chicagotribune.com/2009-05-18/news/0905170216_1_orthodox-community-rift-jesus-and-muhammad

Comments posted to The Chicago Tribune Forum on one page:
http://www.fglaysher.com/bahaicensorship/Chicago_Tribune.html

Baha'i Faith & Religious Freedom of Conscience
http://www.fglaysher.com/bahaicensorship