Urantia Foundation requests that Urantia Brotherhood give up all rights to the name URANTIA and the Concentric-Circles Symbol [3 documents]
Cover letter from Urantia Foundation to President of Urantia Brotherhood
533 Diversey Parkway
Chicago, Illinois 60614
October 21, 1976
Dr. Meredith Sprunger, President
533 Diversey Parkway
Chicago, Illinois 60614
Re: Further Registration of the marks URANTIA and the Concentric-Circles Symbol
In our effort to preserve the unique meaning of URANTIA and the Concentric-Circles Symbol as representative of the goods and services of the official organizations of the URANTIA Movement, the Trustees have sought legal registration and protection of the two marks in the United States and elsewhere, in two categories: trademarks and service marks.
We are presently preparing for registration of the word URANTIA and the Concentric-Circles Symbol in a third category, that of membership marks. As with the other two categories, we must in many cases rely on prior use of both of the marks as Membership Marks in order to effect proper registration.
In a discussion with our attorneys, it was learned that although the Trustees have used the marks as Membership Marks, our use has not been as substantial as that made by URANTIA Brotherhood with the knowledge and premission of URANTIA Foundation, and therefore not as desirable as our reliance upon the use by URANTIA Brotherhood as the better legal basis for establishing as strong a basis as possible for registration.
In addition, URANTIA Brotherhood may well have acquired conflicting rights to the word URANTIA and the Concentric-Circles Symbol as membership marks in its own name -- notwithstanding such use was made with the permission of URANTIA Foundation.
Our attorneys have therefore prepared two documents which will accomplish two things:
1. Any rights acquired by URANTIA Brotherhood will be assigned to URANTIA Foundation, and in return 2. URANTIA Brotherhood's nonexclusive and nontransferable right to use each mark as Membership Marks shall be confirmed by URANTIA Foundation.
With the execution of these two documents, URANTIA Foundation will proceed forthwith with the registration of the marks as Membership Marks.
We are enclosing the original documents in duplicate with this letter. A photocopy of each document is enclosed with the letter copy being sent to your home address.
Please let us have any questions and/or comments.
Once you are satisfied with the nature and import of these documents, we would appreciate your presenting them to the Executive Committee of URANTIA Brotherhood for their consideration and approval.
Thomas A. Kendall President
The Foundation's proposed Assignment Agreement
WHEREAS URANTIA Foundation, an educational foundation created by Declaration of Trust, having its principal office at 533 Diversey Parkway, Chicago, Illinois 60614 (hereinafter referred to as "the Foundation"), has heretofore granted to URANTIA Brotherhood, a social, fraternal, and not-for-profit organization with a religious objective, having its principal office at 533 Diversey Parkway, Chicago, Illinois 60614 (hereinafter referred to as "the Brotherhood") the non-exclusive and non-transferable license and permission to use the word URANTIA as the distinguishing part of the name of the Brotherhood, and to use and display the said word, as well as a Symbol consisting of three concentric circles (hereinafter referred to as "the Symbol"), to identify its activities and its publications as well as its members, all under the general supervision and control of the Foundation, with the consent and agreement of the Brotherhood; and
WHEREAS the Brotherhood, pursuant to the foregoing grant of permission, has adopted and used, and is using, in its various activities the word URANTIA and the Symbol as badges of identity and as collective membership marks to indicate membership in the Brotherhood; and
WHEREAS the Foundation and the Brotherhood have agreed that it is desirable that the word and the Symbol be duly registered in the United States Patent and Trademark Office as collective membership marks, in order to prevent the possible misappropriation and/or misuse of either or both of thm by persons or parties having no relationship or connection with the Brotherhood; and
WHEREAS the Foundation has long been and is the registered owner of the word URANTIA and of the Symbol as trademarks and as service marks in connection with the religious educational activities in which members of the Brotherhood take part, and it is therefore appropriate that the ownership of the word URANTIA and of the Symbol as collective membership marks be correspondingly vested in the Foundation;
NOW, THEREFORE, TO ALL WHOM IT MAY CONCERN:
Be It Known That, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, the sufficiency and the receipt of which by the Brotherhoood are hereby acknowledged, the Brotherhood has sold, assigned, and delivered, and by these presents does hereby sell, assign, and deliver, unto the Foundation, its legal representatives, successors, and asigns, the entire right, title, and interest, in and to the word URANTIA and in and to the aforesaid Symbol as collective membership marks, together with the goodwill of the activities symbolized by each and both of them as collective membership marks, as well as all rights and interests, both legal and equitable, in and to, and appurtenant to, each and both of said collective memberhsip marks, including all rights of action for the present and/or past infringement of, and/or unfair competition with, each and both of said collective membership marks.
IN WITNESS WHEREOF, the Brotherhood has caused this instrument of assignment to be executed and its official seal to be hereon impressed, by its duly authorized officers, this ___________ day of ____________, 1976.
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The Foundation's proposed Supplement to the Confirmatory Agreement
SUPPLEMENT TO CONFIRMATORY AGREEMENT Between URANTIA Foundation and URANTIA Brotherhood
WHEREAS the Brotherhood has, by an instrument of assignment of even date herewith, transferred and assigned to the Foundation the entire right, title, and interest, in and to the word URANTIA and the Symbol consisting of three concentric circles, as collective membership marks, together with the goodwill of the activities symbolized by the said collective membership marks; and
WHEREAS the Brotherhood desires that it shall be authorized and entitled to use each and both of the aforesaid collective membership marks to indicate membership in the Brotherhood -- under the same terms and conditions that have applied to the Brotherhood's use of the word URANTIA and the Symbol as set forth in the Confirmatory Agreement between the parties dated January 9, 1975; and
WHEREAS the Foundation desires that the Brotherhood be encouraged in the performance of its function of disseminating the teachings of The URANTIA Book and in effectively creating an intereseted membership through the chartering of URANTIA Societies;
NOW, THEREFORE, in consideration of the premises, which are an integral part of this agreement, and of the respective covenants and undertakings of the parties hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, the Foundation and the Brotherhood to agree as follows:
1.) The Foundation hereby grants to the Brotherhood the non-exclusive and non-transferable license and permission to use the word URANTIA and the Symbol as collective membership marks to identify and indicate membership in the Brotherhood, subject to the terms and conditions set forth with respect to the use of the word URANTIA and the Symbol in the Confirmatory Agreement existing between the parties executed on january 9, 1975. 2.) The Brotherhood hereby accepts the aforesaid grant and permission of the non-exclusive and non-transferable right to the use of the word and of the Symbol as collective membership marks and agrees to use each and both of them inaccordance with all the terms and provisions of the aforesaid Confirmatory Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, in duplicate originals, and their respective official seals to be hereunto affixed, by their respective officers who are duly authorized so to do, the day and year hereinafter set forth.
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