Preliminary Injunction Favors Takoma Academy in Trademark Infringement Lawsuit
Story by Visitor Staff
Nearly a month before their Alumni Weekend festivities, Takoma Academy officials at the Takoma Park, Md., school received positive news regarding their yearlong conflict with a breakaway group known as Takoma Academy Alumni Association, Inc., (TAAA, Inc.). Deborah Chasanow, U.S. District Court chief judge, issued a preliminary injunction in the trademark infringement lawsuit in favor of the Potomac Conference and Takoma Academy.
Potomac Conference officials filed the lawsuit last year against TAAA, Inc. and Henry Pittman (president of TAAA, Inc.), after they received a strongly-worded letter from Pittman’s attorney asking the school to relinquish use of the “Takoma Academy Alumni Association” name. Pittman’s attorney claimed that the school’s use of the name was “unlicensed and unauthorized.”
In an April 18, 2013 statement, Potomac Conference officials explained that it was Pittman’s organization that was “improperly using the names ‘Takoma Academy’ and ‘TA’ and that they are liable for trademark infringement and unfair competition. The suit further [alleged] that their actions have caused confusion among TA’s supporters.”
Potomac officials noted in a fact sheet also issued last year, “We do not want any independent group using the good name of Takoma Academy when in fact it is not affiliated with or sponsored by the school.”
Nearly a year later, the March 4 injunction states in part:
Defendant Takoma Academy Alumni Association, Inc. and its officers, directors, agents, servants, employees, and all persons acting in concert therewith, be and hereby ARE ENJOINED from:
- Using the names “Takoma Academy,” “TA,” Takoma Academy Alumni Association,” and “TAAA” in any manner whatsoever, including without limitation, in connection with the advertising, promotion or sale of any product or service, solicitation of contributions or fundraising, as a logo on Facebook or LinkedIn or any other website, and including, without limitation, on all signs, advertising materials, letters, emails, forms, or any other articles;
- Operating TAalumni.org website, or any other website whose domain name contains the words “Takoma Academy,” “TA,” Takoma Academy Alumni Association,” and “TAAA.”
- Committing any act that infringes the “Takoma Academy,” “TA,” “Takoma Academy Alumni Association,” and “TAAA” marks.
In a statement issued March 14, Potomac Conference officials wrote, “We are thankful for the positive ruling that secures ownership of the Takoma Academy brand, protects the good name of our educational ministry and ensures that its legacy remains strong. As a school and alumni we now have opportunity to move forward in strength together, to fulfill the mission of Takoma Academy, which is to lead young people to Jesus Christ, provide excellence in academics and a commitment to service.”
The school’s Alumni Weekend takes place April 25-27. Visit ta.edu/alumni for more information.
The Potomac Conference has created a special page addressing the suit. Click here to read more.
Comments
In view of this paragraph: “We are thankful for the positive ruling that secures ownership of the Takoma Academy brand, protects the good name of our educational ministry and ensures that its legacy remains strong. As a school and alumni we now have opportunity to move forward in strength together, to fulfill the mission of Takoma Academy, which is to lead young people to Jesus Christ, provide excellence in academics and a commitment to service.”
and in view of the name change of the "breakaway group"
Why has not Potomac Conference dropped the lawsuit against Henry Pittman and the "breakaway group.?
Can anyone tell your readers how much was spent by the Potomac Conference to "win" this lawsuit? And it would be interesting to take a poll to see how many people who donated money believe that this is how conference funds should be spent?
I find it rather amusing and ironic that the Potomac Conference says that they can now move on as "...alumni..." Do they not realize that the people they are suing are alumni? The bad will that the Potomac Conference is creating is a sad commentary on the state of our church.
Why should you say this is a sad commentary on the state of our church? Pittman and his attorney started the whole thing by trying to commandeer the very name of the school and organization. PUC had no choice but to sue. As for continuing the suite do you have any idea of legal fees and loss of use? The legal expenses could easily be more than $100K. Why should PUC absorb that? So many Adventists are pacifists but sometimes you have to step up to the plate, get involved and take action to do the right thing. This was and is the right thing to do!
Mark, I disagree, this was not the right thing to do. The right thing would be to follow the church manual and church policies before even thinking about a law suit, and even then it is questionable.
You are also mistaken when you say they tried to "commandeer the very name of the school" The Takoma Academy Alumni Association has been operating under this name for 35 years. Do you know the Takoma Academy had a representative of this alumni association on it Board of Trustees until June 2012. It they hijacked the name, the school allowed this to happen for the last 35 years. There is something more to it that you do not understand.
Defendant Takoma Academy Alumni Association, Inc. and its officers, directors, agents, servants, employees, and all persons acting in concert therewith, be and hereby ARE ENJOINED from:
I had no idea that Takoma Academy had "SERVANTS"
As stated in the paragraph that I copied from the Columbia Union Visitor
They sue the Alumni and then say that they will work together and move forward? Really??
You think after all this and thousands of dollars stollen from helping worthy students, to sue the Alumni? that we the REAL ALUMNI want to work with traitors that never went to our school and do not have an ounce of love or loyalty towards our Takoma Academy!
Sure...NOT!!
Good luck with the moving forward. I think it may be somewhat different than what you have envisioned as the same alumni who donate are the sme alumni you have sued.
I graduated from Takoma Academy in 1973. My father taught at TA for 8 years. It has been a part of my life as long as I can remember. The only "breaking" that has been done is what the Potomac Conference has done when it sued it's own members.
How sad that the church leadership finds it necessary to waste money, and time on frivolous law suits when it's real emphasis should be on spreading the gospel. Somebody will have a lot to answer for come the judgement day.
I find it appalling to believe that you would sue your own people. The handling of your lawsuit is an embarrassment of all Christians, however I will continue to pray that God will help you understand that this is not the way to solve your problems. There was no one who wanted to do anything other than to continue the relationships of our fellow classmates from the school we loved and appreciated. From a person who worked in the big corporate world and saw many unacceptable lawsuits, this is by far the worse. It's like suing your own Family. Putting all this in public print doesn't make your Family of SDA Christians feel any better. I pray that you will please stop your negative behavior. And may God guide you to make better decisions in the future.
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