RELIGIOUS FREEDOM ISSUE
 ADVANCES IN COURTS

Filed from: Planet 606, Urantia, Satania, Norlatiadek, Nebadon, Minor Sector of Ensa, etc. etc.

October 20, 1997

U.S. DISTRICT COURT, DENVER CO, USA- In the case of Urantia Foundation v. Kristen Maaherra and Eric Schaveland, in a courtroom packed with three dozen Urantian Believers, Judge Wiley Daniel moved rapidly through a series of motions pertaining to a case that the local press has characterized as involving basic religious freedoms. The issues in law involve claims by the Plaintiff that Defendants Schaveland and Maaherra have violated certain trademarks and a copyright it owns relevant to a series of " divine revelations" that both sides agree originated with celestial beings. Called "The Urantia Papers", its authors described it as the 5th Epochal Revelation to the planet earth, or as it is known in the cosmic registry - Urantia.
 

The issues addressed during the hearing included:

#Discovery. The judge lifted the stay on discovery. Documents that were previously sealed under protective order by the Foundation in the AZ case, if relevant to the CO case, must be turned over to K&E within 20 days. These documents are stamped "For Attorney's Eyes Only", meaning that even the party to the action may not view them. K&E have 30 days to review them, after which time they can request additional documents within the scope of the discovery parameters established by the judge/ magistrate. #Trademark Genericsim. The genericism issue of the "trademarks" was allowed to proceed on the theory that whatever new uses of the words and symbols that have arisen since Urbom visited the issue were relevant, thus keeping the issue of the trademarks alive beyond the res judicata arguments proffered by the Foundation. The Foundation claimed that a good deal of the use of the word Urantia since Urbom's ruling was used to identify the Foundation. Kristen countered by saying that its now all over the Internet, was mentioned in Time magazine, the local papers, referenced in various dictionaries, etc. (She could have added the Strange Universe TV segment, the Art Bell show, and others, but the Judge was satisfied that enough new usage of the term had occurred in public to warrant further action on the issue. He also accepted a thick stack of Believer Affidavits during this argument). #The Flag Argument. Shot down. The Kingdom of Heaven has no standing in the secular courts. #Virtual Representation. Eric prevailed on the virtual representation issue for now, hence the ruling to allow discovery. In effect, the argument by the Foundation that his interests on certain issues were virtually represented by Kristen in the AZ case was not sustainable in the short run because the judge perceived it as a violation of Eric's due process rights. The judged stated that after the discovery process, he would reconsider the issue if the Foundation filed another such motion. #Kristen's Counter Claims and Affirmative Defenses. These were considered as being similar in issue and scope, and were treated as interchangeable. Her motion to dismiss the trademark claims on the basis of fraud, misuse, and unclean hands was denied on the theory that Urbom had already ruled on them. Kristen countered that they were never fully litigated, and never appealed because at the time she didn't an attorney or any money to hire one. The Judge said no dice. #Kristen lost on at least one other Claim/Defense (the 8th); and the Foundation withdrew its objection to the 9th, but not having a copy of the appropriate documents, I can't say for sure what they were referring to (though my notes show that the 8th had something to do with An Acquiescence of the Plaintiff argument.

At one point the Judge threatened to clear the courtroom when the Foundation claimed that the banner of Michael was, in effect, a secular trademark. Kristen argued: "Urantians are getting married under the Banner of Michael because they love Michael, not because they love the Foundation". This caused a burst of laughter, of which the Judge took a dim view. There were no further disturbances. (An earlier news report stated that there was one Foundation supporter on its side of the courtroom. This reporter saw only one woman, who was a reporter for the Rocky Mtn. News, and one young man earlier that may have been a paralegal for the Foundation's attorneys)

In summary, the Foundation had hoped to obtain judgments on their pleadings, and convert those to summary judgments. This would have allowed them to withhold certain apparently sensitive discovery documents, documents that were sealed under protective order in the AZ case. With their novel theory of "virtual representation", they had sought to tie Eric to Kristen, but were frustrated in that attempt, for now. The net effect of the judge's rulings is to move the case a major step closer to a jury trial.

Reported by Phil Geiger, on temporary assignment to Urantia