Summons, Complaint, Answers, and Counterclaims (concerning Urantia Foundation's lawsuits)

The following documents are copies of the Urantia Foundation's original summons and complaint, with our (Eric's and my) answers and counterclaims following.

August 27, 1996

Plaintiff [Urantia] Foundation's Summons and Complaint.

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No.96-D-2004

URANTIA FOUNDATION, a non-profit trust,

Plaintiff,

ERIC SCHAVELAND and KRISTEN MAAHERRA

Defendants.

COMPLAINT

COMES NOW Plaintiff Urantia Foundation (the "Foundation") and files the following complaint against Defendants Eric Schaveland and Kristen Maaherra:

Parties and Jurisdiction

1. Plaintiff Urantia Foundation is a non-profit trust existing under the laws of the State of Illinois.

2. Defendant Eric Schaveland ("Schaveland") is an individual who resides at 152 California Gulch, Jamestown, Colorado 80455.

3. Defendant Kristen Maaherra ("Maaherra") is an individual who resides at 152 California Gulch, Jamestown, Colorado 80455.

4. Defendants Schaveland and Maaherra are husband and wife.

5. This Court possesses jurisdiction over the subject matter of this action pursuant to 15 U.S.C. 1 121 and 1331, 17 U.S.C. 101 et seq. and 28 U.S.C. 1331, 1 332, and 1338(a) because this action arises under the Copyright A and the Lanham Act. This Court also possesses supplemental jurisdiction over all state law claims asserted herein pursuant to 28 U.S.C. 1367.

6. Venue is proper under 28 U.S.C. 1391(b) because a substantial part of the events or omissions giving rise to the claims asserted herein occurred, a Substantial part of the injury took place and continues to take place in this judicial district, and the Defendant" reside within this district.

Plaintiff's Marks and Copyright

7. Beginning in the early 1950's, the Foundation adopted and commenced using the name Urantia foundation,. the "URANTIA" and "URANTIAN," and a symbol of three blue concentric circles.

8. Since the 1950's, throughout the United States and elsewhere, the Foundation has continuously and extensively used its name. Also since the 1950's, throughout the United States and elsewhere, the Foundation has continuously and extensively used the words "URANTIA" and "URANTIAN." and the concentric blue circles symbol on books and publications, in connection with services, and to indicate membership in a social and fraternal organization.

9. The Foundation registered the three blue concentric circles symbol and the words URANTIA and "URANTIAN" as trademarks, service marks, and collective membership marks. These registrations are as follows:

MARK REGISTRATION NUMBER REGISTRATION DATE GOODS/SERVICES

Concentric 915,733 June 29, 1971, Books

Circles Symbol renewed June 29, 1991

1,128,256 December 25, 1979 Printed Publications - namely

books, booklets, brochures,

pamphlets, newsletters, bulletins,

and leaflets, concerning

educational, religious, or

philosophical subjects

560,261 June 17, 1952, Religious Educational Services

Renewed June 17,

1992

1,089,943 April 18, 1978 Indicating Membership in a

Social and Fraternal

Organization

URANTIA 915,734 June 29, 1971, Books

renewed June 29,

1991

1,112,713 February 06, 1979 Printed Publications--namely

books, booklets, brochures,

pamphlets, newsletters, bulletins,

and leaflets, concerning

educational, religious, or

philosophical subjects

1,089,942 April 18, 1978 Indicating Membership in a

Social and Fraternal

Organization

948,104 November 28, 1972, Educational Services--namely

renewed November religious teaching

28, 1992

Said registrations, true and correct copies of which are attached hereto as Exhibits "A" through "H" are owned by the Foundation, are valid and in full force and effect, and are incontestable in accordance with 15 U.S.C. 1065 and 1115.

10. As a result of the Foundation's long and extensive use of its name and its URANTIA, URANTIAN, and blue concentric circles symbol marks, said name and marks are distinctive of the Foundation, have become well known as symbolizing the Foundation and its goods and services, and represent valuable goodwill owned by the Foundation.

11. The Foundation is the owner of all right, title, and interest in and to the copyright in the URANTIA Book, having complied in all respects with the provisions of the copyright law of the United States, 17 U.S.C. 101 et seq., and all applicable preceding copyright laws, and having registered and renewed its claim of copyright in the Copyright Office of the United States, as shown by the copies of Certificates of Registration A 216,389 and RE 152-055, true and correct copies of which are a attached hereto as Exhibits "I" and "J."

12. By order dated February 27, 1995, in the case styled Urantia Foundation v. Maaherra, Civ. 91-0325, the United States District Court for the District of Arizona ruled on summary judgment, and without a trial on the merits, that the Foundation's renewal copyright in the URANTIA Book is invalid.

13. The Foundation has appealed to the United States Court of Appeal for the Ninth Circuit from the decision holding that its renewal copyright in the URANTIA Book is invalid. That appeal, which is styled Urantia Foundation v. Maaherra 95-17093, is pending.

Defendants' Unlawful Activities on the Internet

14. The Internet is an international computer "super network" of over 15,000 computer networks, which used by more than 180 million individuals, corporations, and educational institutions worldwide.

15. Users of the Internet can access each other's computers, can communicate directly with each other her (by means of electronic mail or "e-mail"), and can access various types of data and information. Each Internet user has an e-mail address, which is commonly referred to among Internet users a as a "domain" or domain name."

16. The entry and/or change of addressee data for an Internet on-line computer address is an activity that takes little time or effort and that currently can be effected upon written request to the Internic, which is a joint venture comprised of Network Solutions, Inc. ("NSI") and the National science Foundation (the "NSF").

17. Common practice for the selection of Internet domain names is that the prefix of a commercial user's domain name the user's trade name, or a portion thereof, and the suffix is the designation ".com." for commercial entities, ".org" for non-profit entities, ".edu" for educational institutions, and ".gov" for governmental entities.

18. In February, 1996, the Foundation learned that Defendant Schaveland and Maaherra were using "urantia.com" an Internet domain name.

19. Defendant. Schaveland and Maaherra use their "urantia.com" Internet site to provide, free of charge, publications and educational services concerning the URANTIA Book.

20. At the time Defendant Schaveland procured the "urantia.com" Internet domain name, the Foundation was already online with an Internet service which uses "urantia.org" as its domain name.

21. Defendant Schaveland registered his "urantia.com" domain name as owned by a for profit company (i.e., a commercial site) named "Urantia" located at his home address.

22. In response to the Foundation's request, NSI recently placed Defendant Schaveland's "urantia.com" Internet site and domain name on "hold" status, and it presently cannot be accessed on the Internet.

23. The information and material offered by Defendants Schaveland and Maaherra at their "urantia.com" address appears to be sponsored or authorized by the Foundation. However, none of the information or material provided by Defendants at' :he "urantia.com" domain is authorized by the Foundation, nor has the Foundation ever given permission to Defendants to provide any of this information or material on the Internet or to use any of the Foundation's marks.

24. Defendants Schaveland and Maaherra also have created one or more "home pages" (that is, computer bulletin boards on the Internet), which prominently display the Foundation's URANTIA and concentric circles symbol marks in connection with publications and educational services which they offer on the Internet.

25. The information and material offered on Defendants' home pages (which prominently display the Foundation's marks) such an "www.urantia.com." and "www.CSN.net/~Schave/" a/k/a "Kristen and Eric's Home Page," appear to be sponsored or authorized by the Foundation. However, none of this information or material is authorized by the Foundation. The Foundation has not given permission to Defendants to provide any of this information or material on the Internet, and the Foundation has not given permission to the Defendants to use any of the Foundation's marks on their home pages.

26. The Foundation has advised Defendant Schaveland that his and Defendant Maaherra's use of the Foundation's marks on their home pages is not lawful and has demanded that they cease and desist from using the Foundation's marks on their home pages. However, in response to the Foundation' s requests, the Defendants continue to use the Foundation's marks on their home pages and are also using the Internet to actively encourage others to infringe upon the Foundation's marks and copyrights.

27. On their home pages, the Defendants also have copied the complete text of the URANTIA Book, as well as study aids for the book, which can be read, downloaded onto a diskette, or printed from the Internet. The Foundation has not authorized either of the Defendants to make the text of The URANTIA Book or derivative works available on the Internet.

28. Defendant Maaherra also utilizes the e-mail address "urantia@indra.com. in connection with her activities on the Internet. Her use of this e-mail address is not authorized by the Foundation and suggests an affiliation or connection between the Foundation and Maaherra even though none exists.

Defendant Maaherra's Breach of the Settlement Agreement

29. On February 27, 1991, the Foundation commenced a civil action against Defendant Maaherra in the United States District Court for the District of Arizona styled Urantia Foundation v. Maaherra, Civ. 91-0325-PHX-WKU, asserting claims against Maaherra for, inter alia, copyright infringement and trademark infringement.

30. On March 24, 1995, the Foundation and Defendant Maaherra entered into a Settlement Agreement where in the Foundation and Defendant Maaherra agreed to dismiss with prejudice all claims relating to the Foundation's marks and wherein Ma Maaherra agreed to limit her future activities with regard to the use of the Foundation' s marks. A true and correct copy of the Settlement Agreement is attached hereto and incorporated by reference herein as Exhibit "K."

31. In Paragraph 4(a) of the Settlement Agreement, Maaherra agrees as follows:

"Maaherra agrees that she will not use the word URANTIA (in any typeface or case) or the [Concentric Circles] SYMBOL in connection with the promotion or dissemination of any books, study aids, or any other type of publication, regardless of the form or media (including print, electronic, tape or other medium). By way of illustration the terms "promotion and dissemination" as used herein, and not limitation of this provision, Maaherra agrees that she will not use the word d "URANTIA" or the [Concentric Circles] SYMBOL on the cover, title page or title screen of any work, or in the labeling or packaging of any work.

COUNT I - TRADEMARK AND SERVICE MARK INFRINGEMENT

32. The Foundation realleges paragraphs 1-28 of this Complaint as if they were set forth fully herein.

33. The Defendants' unauthorized use of the domain name "urantia.com" and the Foundation's URANTIA and blue concentric circles marks in connection with publications and educational services and materials offered on the Internet, without the Foundation's authorization, infringes the Foundation's exclusive rights in its federally registered trademarks in violation of 15 U.S.C. 1114(1), in that the public is likely to be confused, deceived, or mistaken regarding the source or sponsorship of the services or materials offered by the Defendants on the Internet, under the "URANTIA" name, the "urantia.com" domain or otherwise. Such use of the Foundation's marks also infringes the Foundation's marks (1) by leading the public to believe that the services or materials of the Defendant emanate from, or are authorized by the Foundation; or (2) by leading the public to believe that the Foundation is the author, or provider of the Services or materials supplied by the Defendants on the Internet.

34. The Defendants' infringement of the Foundation's marks by the Defendants is willful and deliberate.

35. The Defendants' conduct is causing the Foundation immediate and irreparable injury for which the Foundation has no adequate remedy at law. Therefore, the Foundation is entitled to preliminary and permanent injunctive relief from the Defendants' acts of infringement.

36. The Defendants are liable to the Foundation for the damages caused by their acts of trademark and service mark infringement.

COUNT II - FEDERAL UN FAIR COMPETITION

37. The Foundation realleges paragraphs 1-28 of this Complaint as if they were set forth fully herein.

38. The Defendants have used "urantia.com" and the Foundation's marks so as to constitute a false designation of origin or description and to misrepresent the nature of their activities by erroneously and explicitly designating the services and material of the Defendants on the Internet as coming from or connected with the Foundation.

39. The Defendants' acts are in violation of 15 U.S.C. 1125(a).

40. The Defendants' conduct in causing the Foundation immediate and irreparable injury for which the Foundation has no adequate remedy at law. Therefore, the Foundation is entitled to preliminary and permanent injunctive relief from the Defendants' acts of infringement.

41. The Defendants are liable to the Foundation for the damages caused by their acts of unfair competition.

COUNT III - TRADEMARK DILUTION

42. The Foundation hereby realleges paragraphs 1-28 of this Complaint as if they were set forth fully herein.

43. The Foundation's marks have become recognized marks in the United States and elsewhere by reason of the Foundation's extensive and long-standing use thereof. The marks are highly distinctive of the Foundation's goods and services.

44. The Defendants' unauthorized use of the Foundation`s marks in connection with their aforesaid activities on the Internet is unconnected to the Foundation, is not sponsored by the Foundation, is diluting the distinctive quality of the marks, and is causing injury to the Foundation in violation of 15 U.S.C. 1125(c).

45. The Defendants' conduct is causing the Foundation immediate and irreparable injury for which the foundation has no adequate remedy at law. Therefore, the Foundation is entitled to preliminary and permanent injunctive relief from the Defendants' acts of infringement.

COUNT IV - BREACH OF CONTRACT

46. The Foundation hereby realleges paragraphs 1-28 of this Complaint as if set forth fully herein.

47. Defendant Maaherra's conduct is in breach of the Settlement Agreement which she entered into with the Foundation.

48. The injury that this breach of the Settlement Agreement in causing the Foundation is immediate and irreparable, for which the Foundation has no adequate remedy at law, and therefore entitles the Foundation to an order of both preliminary and injunctive relief that Maaherra must specifically perform and abide by the terms of the Settlement Agreement

COUNT V - COPYRIGHT INFRINGEMENT

49. The Foundation hereby realleges pa Paragraphs 1- 28 of this Complaint as if set forth fully herein.

50. In the event that the Foundation' copyright in The URANTIA Book is adjudicated to be valid and in full force and effect, the publishing of the text of the Urantia Book in its entirety on the Internet by the Defendants constitutes copyright infringement in violation of 17 U.S.C. 101 et seq. Such violation entitles the Foundation to all relief authorized by 17 U.S.C. 101 et seq., including, inter alia, attorneys' fees and permanent injunctive relief.

WHEREFORE, Plaintiff URANTIA Foundation requests the following relief:

(a) That the Court enter judgment in favor of the Foundation and against the Defendants jointly and severally as to Counts I, II, and III of the Complaint.

(b) That the Court enter judgment in favor of the Foundation and against Maaherra as to Count IV of the Complaint.

© That the Court stay Count V of the Complaint pending the decision of the United States Court of Appeals for the Ninth Circuit in Urantia Foundation v. Maaherra, 95-17 093, and, in the event that decision holds that the Foundation's renewal copyright in the URANTIA Book is valid, enter Judgment in favor of the Foundation and against Schaveland and Maaherra as to Count V of the Complaint.

(d) That the Court enter a preliminary injunction and a permanent injunction ordering the Defendants to cease and desist from using the "urantia.com" Internet domain, to cease and desist from using the Foundation's marks on the Internet in the manner complained of (or in any other manner that infringes upon the Foundation's marks or which mislead the public), and to cease and desist from publishing the text of the URANTIA Book on the Internet.

(e) That the Court award the Foundation its attorney's fees and costs of litigation against the Defendants jointly and severally pursuant to all counts of the Complaint;

(f) For such other relief as the Court deems just and proper.

Dated this 27th day of August 1996.

Respectfully Submitted,

COUNSEL FOR PLAINTIFF, URANTIA FOUNDATION

************************************************

October 17, 1996

DEFENDANT SCHAVELAND'S

ANSWER, COUNTERCLAIM, AND DEMAND FOR JURY TRIAL

Now comes Eric Schaveland, Defendant herein, and for his Answer states:

Parties and Jurisdiction

Answering Paragraph 1: Admitted.

Answering Paragraph 2: Admitted.

Answering Paragraph 3: Admitted.

Answering Paragraph 4: Admitted.

Answering Paragraph 5: Admitted.

Answering Paragraph 6: Admitted.

Plaintiff's Marks and Copyright

Answering Paragraph 7:

Not enough information to admit or deny when Plaintiff Foundation adopted or began using Urantia and Urantian. Defendant admits that Plaintiff began using the name, "Urantia Foundation", and the three concentric circles symbol in the early 1950's.

Answering Paragraph 8:

Defendant admits that Plaintiff Foundation has used the name Urantia Foundation. Defendant denies the rest of paragraph 8. Plaintiff Foundation used the words "Urantia" and "Urantian" as generic religious words and the three concentric circles symbol as the Banner of Michael (Jesus) in order to indicate association with a religious revelation, not as commercial trademarks.

Answering Paragraph 9:

Defendant admits Plaintiff Foundation registered said marks. Defendant denies said marks are valid. More than 15 years before Plaintiff Foundation was formed, the names Urantia and Urantian, and the three concentric circles symbol, were in generic use by a group of religionists who called themselves Urantians, and who believed in the Urantia Papers as the fifth epochal revelation of truth to the planet Urantia, and who used the three concentric circles as a religious symbol as described within the Urantia Papers. Plaintiff Foundation registered these marks fraudulently: (1) by claiming that Urantia is not descriptive of anything but Plaintiff Foundation and that Urantia is not the name of a religion and is not a geographic term, (2) by claiming that Urantia Foundation coined the word Urantian, (3) by failing to disclose to the Trademark Office that the three concentric circles were ancient religious symbols in generic use by Urantians to indicate the Banner of Michael (Jesus), the emblem of the Trinity government of all creation (as described in the Urantia Papers) years before Plaintiff Foundation came into existence.

Answering Paragraph 10:

Denied. Plaintiff Foundation appropriated these marks from the public domain and despite years of lying to the public and the courts, years of lawsuits involving these marks, and millions of dollars spent on legal fees, the majority of the public familiar with these marks associates them with the religious revelation known as the Urantia Papers and not with Plaintiff Foundation.

Answering Paragraph 11:

Denied. The Urantia Papers (also called the Urantia Book) were placed in the public domain by the Honorable Warren K. Urbom in early 1995. On their application for copyright, Plaintiff Foundation originally claimed to be the author of the Urantia Book; however, Plaintiff Foundation has recently admitted under oath that no humans authored any of the text of the Urantia Papers. Claiming themselves as "author" of the Urantia Book was instrumental in Plaintiff Foundation's obtainment of their fraudulent trademark registrations.

Answering Paragraph 12:

Admitted. Summary Judgment on Copyright was awarded because both sides agreed on the fact of superhuman authorship. Judge Urbom decided a trial was unnecessary on the copyright issue.

Answering Paragraph 13:

Admitted.

Defendants' Unlawful Activities on the Internet

Answering Paragraph 14:

Admitted.

Answering Paragraph 15:

Denied. An e-mail address is not a Domain Name. Otherwise, admitted.

Answering Paragraph 16:

Admitted.

Answering Paragraph 17:

Denied. This is a misleading description. The com. extension is commonly used by anyone who does not qualify as an "org." non-profit entity; "edu." educational institution; or "gov." governmental entity. Many noncommercial individuals use the ".com" extension for a home page. Basically, the Internet is still being defined by the public, Internic, and the Courts.

Answering Paragraph 18:

Denied. The Domain Name belonged to Defendant Schaveland, not to Maaherra. Also, Defendant does not know when Plaintiff Foundation learned of Defendant Schaveland's Home Page. Trustee Phil Rolnick first called Defendant Schaveland sometime in late May or June -- not February, but Phil never mentioned my domain name.

Answering Paragraph 19:

Denied. The Domain Name belonged to Eric Schaveland, not to Kristen Maaherra. Defendant Schaveland admits providing, free of charge, the complete Urantia Papers revelation on the Internet. Plaintiff Foundation has been aware since September, 1992, that Defendant Schaveland has been providing free copies (in electronic as well as printed form) of the Urantia Papers.

Answering Paragraph 20:

Not enough information to either admit or deny.

Answering Paragraph 21:

Denied. This is misleading. The com. extension is commonly used by anyone who does not qualify as an "org." non-profit entity; "edu." educational institution; or "gov." governmental entity. Many noncommercial individuals use the ".com" extension for a home page. Basically, the Internet is still being defined by the public, Internic, and the courts. Defendant Schaveland's intent was to obtain a Domain Name -- regardless of the extension -- in order to make the Urantia Papers available worldwide for free, not for profit. In fact, Defendant has changed the ".com" extension in order to avoid any confusion that my home page might be a for profit commercial Internet site.

Answering Paragraph 22:

Admitted.

Answering Paragraph 23:

Denied. The Domain Name belonged to Defendant Schaveland, not to Maaherra, and the material does not appear to be sponsored or authorized by Plaintiff Foundation. No one needs Plaintiff Foundation's permission to give away the text of a public domain revelation, the Urantia Papers, or give away non-copyrighted study aids, or use the Banner of Michael (Jesus), or use the title of a public domain book, or use the word "Urantia" (the revealed name of this planet.) On my Home Page I display the Banner of Michael, Emblem of the Paradise Trinity, clearly labeled as such.

Answering Paragraph 24:

Denied. Defendant Schaveland has only the one Home Page. (Defendant Maaherra has no Home Page.) On my Home Page I display the Banner of Michael, Emblem of the Paradise Trinity, clearly labeled as such.

Answering Paragraph 25:

Denied. Again, Defendant Schaveland has only one Home Page. (Defendant Maaherra has no Home Page.) On my Home Page I display the Banner of Michael, Emblem of the Paradise Trinity, clearly labeled as such, and the title of the public domain revelation, the Urantia Papers. This Home Page is mine alone, and I have never identified it as "Kristen and Erik's Home Page." Plaintiff Foundation probably refers to a link with Mark Turrin's Home Page, placed by Larry Watkins without my knowledge. Since the Urantia Papers are in public domain, I do not need Plaintiff Foundation's "permission" or "authorization" for any of the information or material on my Home Page.

Answering Paragraph 26:

Denied. Again, Defendant Schaveland owns the Home Page, and only the one Home Page. (Defendant Maaherra has no Home Page.) On my Home Page I display the Banner of Michael, Emblem of the Paradise Trinity, clearly labeled as such. I encourage others to use the Banner of Michael (Jesus), the sacred revealed name of my planet "Urantia" and the public domain text of the revelation by example. Since the Urantia Papers themselves are in public domain, I am not "infringing" on Plaintiff Foundation's Copyright.

Answering Paragraph 27:

Denied. Again, Defendant Schaveland owns the Home Page, and only the one Home Page. (Defendant Maaherra has no Home Page.) I resent Plaintiff Foundation implying that I need their permission to practice my religion on the Internet -- or anywhere else. I resent that Plaintiff Foundation tells the Court that I need the Foundation's permission to give away the text of a public domain work or public domain derivative works. The arrogance of Plaintiff Foundation and the trustees' contempt for the Honorable Warren K. Urbom's Decision on Copyrightregarding the Urantia Papers is obvious.

Answering Paragraph 28:

Denied. And I'm sure Defendant Maaherra would be deeply offended to be mistakenly connected or affiliated with Plaintiff Foundation after her five year legal battle with them. (Which she won.)

Defendant Maaherra's Breach of the Settlement Agreement

Answering Paragraphs 29, 30, and 31:

These Paragraphs do not apply to Defendant Schaveland as I have signed no Agreement with Plaintiff Foundation.

Count I -- Trademark and Service Mark Infringement

Answering Paragraph 32:

See replies to Paragraphs 1 through 28, above.

Answering Paragraph 33:

Denied. (Defendant Maaherra has no Home Page.) I deny that use of "urantia.com," use of the Emblem of the Paradise Trinity, or use of the public domain Urantia Papers on my Home Page could cause confusion between myself and Plaintiff Foundation. Because of my disrespect for Plaintiff Foundation and its trustees, I go to great lengths to avoid being confused with Plaintiff Foundation in any way. Besides, Plaintiff's "marks" have been generic since being revealed to the planet by the superhuman authors of the Urantia Papers. Long before Plaintiff Foundation was formed, the names Urantia and Urantian, and the three concentric circles symbol, were in generic use by a group of religionists who called themselves Urantians, and who believed in the Urantia Papers as the fifth epochal revelation of truth to this planet, Urantia, and who used the three concentric circles as a religious symbol as described within the Urantia Papers.

Plaintiff Foundation registered these marks fraudulently: (1) by claiming that "Urantia" is not descriptive of anything but Plaintiff Foundation, by claiming that "Urantia" is not the name of a religion, and by claiming that "Urantia" is not the geographic term as defined by the revelators on the first line of the first page of the Urantia Papers; (2) by claiming that Urantia Foundation "coined" the word "Urantian," (the superhuman revelators of the Urantia Papers use the word "Urantian" and "Urantians" in the Urantia Papers over 70 times); (3) by failing to disclose to the Trademark Office that the three concentric circles is an ancient religious symbol in generic use since the time of Melchizedek about 3,975 years ago (as described by the revelators in the Urantia Papers and confirmed by modern archeology) and in generic use by Urantians to indicate the Banner of Michael (Jesus) and the Emblem of the Paradise Trinity (as described in the Urantia Papers) years before Plaintiff Foundation came into existence.

Answering Paragraph 34:

Denied. On my Home Page, the word "Urantia" is used properly in the title of a public domain document called the Urantia Papers. On my Home Page I use a religious symbol clearly labeled, "The Banner of Michael," and "Emblem of the Paradise Trinity," that comes straight from the Urantia Papers. Any confusion with Plaintiff's marks is incidental to Defendant's use of a generic word and a generic religious symbol from a public domain book. By fraudulently registering these generic religious words and mark -- and then using these registrations against Urantians -- Plaintiff Foundation has caused willful and deliberate harm and confusion among Urantian religionists.

Answering Paragraph 35:

Denied. Plaintiff Foundation fraudulently registered generic words and the generic religious circles symbol. Defendant is not causing irreparable injury to Plaintiff Foundation -- rather the other way around. Plaintiff Foundation, in suing Urantian religionists, is causing Urantians harm. This lawsuit is a harassment. Plaintiff is not entitled to injunctive relief because: (1) Plaintiff Foundation owns no copyright in the Urantia Papers; (2) Plaintiff's trademarks are invalid on grounds of genericism and fraud; (3) Plaintiff is not entitled to injunctive relief -- temporary or otherwise -- because Plaintiff Foundation has known of Defendant's activities involving giving away free copies of the Urantia Papers in electronic form since (at least) September, 1992.

Answering Paragraph 36:

Denied. Plaintiff Foundation's marks are invalid.

Count II -- Federal Unfair Competition

Answering Paragraph 37:

See replies to Paragraphs 1 through 28, above.

Answering Paragraph 38:

Denied. The three concentric circles are used properly as a religious symbol and clearly labeled as "The Banner of Michael," and "Emblem of the Paradise Trinity." There is no connection with Plaintiff Foundation implied or written on Defendant's home page.

Because of my desire not to be confused with these five "trustees" of Plaintiff Foundation, I even have changed my Domain Name to "urantia-papers.org".

Answering Paragraph 39: Denied.

Answering Paragraph 40: Denied.

Answering Paragraph 41: Denied.

Count III -- Trademark Dilution

Answering Paragraph 42:

See replies to Paragraphs 1 through 28, above.

Answering Paragraph 43:

Denied. Plaintiff Foundation's "trademarks" are: (1) an ancient generic religious symbol -- the circles, (2) a generic religious appellation -- "Urantian," and (3) the generic sacred name of my home planet -- "Urantia."

Answering Paragraph 44:

Denied. Plaintiff Foundation's "marks" are invalid. There is no connection with Plaintiff Foundation implied or written on my home page.

Answering Paragraph 45:

Denied. Plaintiff is not entitled to preliminary or permanent injunctive relief because Plaintiff's trademarks are invalid on grounds of genericism and fraud.

Count IV -- Breach of Contract

Answering Paragraph 46:

See replies to Paragraphs 1 through 28, above.

Paragraphs 47 and 48 do not apply to Defendant Schaveland, as I have never signed any agreement or contract with Plaintiff Foundation.

Count V -- Copyright Infringement

Answering Paragraph 49:

See replies to Paragraphs 1 through 28, above.

Answering Paragraph 50:

Denied. The Urantia Papers are in public domain now. Plaintiff Foundation does not "own" the fifth epochal revelation to the planet Urantia. There can be no "infringement" of a public domain document. Even if Plaintiff Foundation won its Copyright Appeal, Defendant's current acts are not an infringement. Therefore, Plaintiff Foundation has no right to any costs or injunctive relief for suing me over a copyright that they don't currently own.

51. Defendant denies each and every allegation that was not expressly admitted.

AFFIRMATIVE DEFENSES

1. The Urantia Papers are in public domain; therefore, Defendant has not infringed Plaintiff Foundation's alleged Copyright. Judge Warren K. Urbom's decision placing the Urantia Book in public domain is in full force and effect.

2. Plaintiff claims a trademark on the Banner of Michael which is the flag of a foreign government. The Trademark Act of 1946 1052 clearly forbids such a registration.

3. Plaintiff Foundation obtained its trademarks fraudulently. Under the Trademark Act of 1946 1115(b)(1), fraudulent obtainment of a Trademark creates a valid defense against an Incontestable Trademark.

4. The Plaintiff's "marks" are a (1) a generic religious mark (the Banner of Michael), and (2) generic words ("Urantia" and "Urantian") which derive from a divine revelation and are used by a large body of religious believers to denote their religious affiliation and allegiance to God and are not subject to exclusive appropriation according to the Trademark Act of 1946 1052.

5. Defendant's use of the term "urantia.com", the word "Urantia", and the 3 concentric circles symbol is protected under the Trademark Act of 1946 1115(b)(4) because my use was otherwise than as a mark, was used fairly and in good faith to refer to a public domain work, and was used fairly and in good faith to refer to geographic origin.

COUNTERCLAIMS

Defendant for his Counterclaim states as follows:

1. This Court has jurisdiction of this Counterclaim because it arises under Copyright Laws of the United States, 28 U.S.C. Section 1338 and 17 U.S.C. Section 101, et. seq.; and because it arises under Trademark Laws of the United States, 28 U.S.C. Section 1338 and 15 U.S.C. Section 1051 et. seq.

Fraudulent Trademarks

2. I use the three concentric circles as the "banner of Michael, the material emblem of the Trinity government of all creation, the three azure blue concentric circles on a white background," as described in the Urantia Papers on page 606. The Banner of Michael (Jesus) is not eligible for Trademark registration under the Trademark Act of 1946 "Lanham Act" 1052(b) because it consists of or comprises the flag or coat of arms or other insignia of a foreign nation (government), or of a simulation thereof. (See Exhibit A, Circles on my home page; and Exhibit B, The Urantia Papers, page 606). Since I am a citizen of the Kingdom of Heaven, the Banner of Michael is my insignia.

3. Plaintiff Foundation took the three concentric circles from the Urantia Papers. (See Exhibit C, No. 27, Affidavit of Kristen Maaherra). Plaintiff Foundation knew this concentric circles symbol to be the banner of a foreign government as described in the Urantia Papers, but failed to disclose this knowledge to the Patent and Trademark Office.

4. Plaintiff Foundation took the word Urantia from the Urantia Papers. (See Exhibit C, No. 27) . Plaintiff Foundation knew this word to be the revealed name for our planet in generic use by readers of the Urantia Papers, but failed to disclose this knowledge to the Patent and Trademark Office.

5. Urantia is the name of a religion. (See Exhibit C, Nos. 16-26). When told by the Trademark Office examiner that Urantia was the name of a religion and, as such, was not trademarkable , the Plaintiff Foundation stated that Urantia was not the name of a religion. (See Exhibit C, Nos. 48-49).

6. Plaintiff Foundation took the word Urantian from the Urantia Papers. (See Exhibit C, Nos 12-13). Plaintiff Foundation knew this word to be in use by a group of religionists as a generic word for (1) a person living on Urantia, and (2) a religionist who believed the Urantia revelation to be true. Plaintiff Foundation not only failed to disclose this knowledge to the Patent and Trademark Office, but also falsely claimed to have "coined" this word. (See Exhibit C, No. 59).

7. Plaintiff Foundation has a history of making opposite claims to U.S. governmental agencies, consequently, Defendant Schaveland has no idea what claims Plaintiff Foundation will find expedient in this court. For Example:

Religious Claims: To the I.R.S. in the 1950's Plaintiff Foundation claimed that they were organized "exclusively for religious and charitable purposes;" in 1991, to the Honorable Judge McNamee they stated, "But, secondly, these religion issues, there's nothing been presented that the Urantia Foundation in any way, shape or form is a religious organization, or a church." and "it's (the Urantia Book) not a religious book.;" in 1994, to the Honorable Judge Williams they pleaded "it (the Urantia Book) is a 'religious revelation.'" (See Exhibit D, Page 21, Civil Action No. 94 C 00927).

Trademark Claims: In 1977, Urantia Foundation convinced the Honorable Judge Gray that "The word Urantia is unique in the English language and is neither descriptive nor geographical ...;" however, in Urantia Foundation's own newsletter in 1977 after Judge Gray's decision is cited as a trademark victory, the Foundation proceeds to tell the reader the "correct" way to use the word "Urantia" as a descriptive geographical term! (See Exhibit E, 1977 Foundation Newsletter). Even the first president of Urantia Foundation, William Hales, declared under oath for the Honorable Judge Urbom's Court in 1994 that, to him, the word Urantia means "the earth, our earth." (See Exhibit C, No 45 ).

8. Plaintiff Foundation obtained its trademarks fraudulently. Under the Trademark Act of 1946 1115(b)(1), fraudulent obtainment of a Trademark creates a valid defense against an Incontestable Trademark.

The Marks are Generic

9. The Plaintiff's marks are generic religious marks and generic words (See Exhibit C, Nos 16-26) which derive from (come directly out of) a divine revelation in public domain (the Urantia Papers) and are used (and were used before formation of Plaintiff Foundation) by a large body of religious believers to denote their religious affiliation and allegiance to God and are not subject to exclusive appropriation according to the Trademark Act of 1946 1052. (See Exhibit F, Current Generic Use on the Internet.)

10. Plaintiff Foundation in its own 1977 newsletter (which is currently posted by Plaintiff on its Internet home page) uses the word Urantia generically to mean our planet.(See Exhibit E, Foundation Newsletter).

Plaintiff is Liable for Damages

11. The Urantia Foundation and its trustees are liable for injury and damages sustained by Defendant as a result of their fraudulent trademark registrations under the Trademark Act of 1946 1120. "Civil liability for false or fraudulent registration."

Wherefore, Defendant Schaveland prays:

1. That the Court reaffirm Judge Urbom's Summary Judgment on Copyright Decision;

2. That the Court find Plaintiff's marks to be generic;

3. That the Court find Plaintiff's marks to be fraudulently obtained;

4. That United States Registration No's. 915,734; 948,104; 1,089,942; 1,112, 713; 1,013,544;1,128,256; 1, 089,943; 915,733; 560,261 be canceled from the Principal Register of the United States Patent and Trademark Office, and the marks be declared invalid;

5. That Defendant be awarded damages under the Trademark Act of 1946, Section 1120;

6. That Plaintiff be required to pay to Defendant the costs of this action together with all fees, including but not limited to attorney fees, and disbursements required to defend this action;

7. That each and every one of Plaintiff"s requests for relief be denied;

8. That Defendant have such other further relief as this Court may deem just and fair;

WHEREFORE, Defendant prays that this Court enter judgment in its favor, and against Plaintiff.

Demand for Jury Trial

Defendant demands a trial by jury.

RESPECTFULLY SUBMITTED this 17th day of October, 1996.

Eric Schaveland

*********************************************

Exhibits

to Defendant Schaveland's Answer and Counterclaim

Exhibit A: Banner of Michael on Defendant's Home Page. (Screen Print of Internet Page).

Exhibit B: The Urantia Papers, page 606.

Exhibit C: No. 27, Affidavit of Kristen Maaherra.

Exhibit D: Civil Action No. 94 C 00927.

Exhibit E: July, 1977, Plaintiff Foundation Newsletter.

Exhibit F: Current Generic Use on the Internet.

**********************************************

Affidavit of Kristen Maaherra

All Court Documents, Depositions, and Discovery Documents referred to herein are in reference to Civil Action File No. 91-325 PHX SMM, Urantia Foundation v. Maaherra, United States District Court for the District of Arizona. I have personal knowledge of the Court Documents, Depositions, and Discovery from this case. ("Hales" was the First President of Plaintiff Foundation; "Mundelius" is the Current President of Plaintiff Foundation).

The Trademark Act

1. Three of the ways an incontestible trademark can be found invalid are: The mark is generic, the mark was fraudulently obtained, the mark is the flag of a foreign nation.

2. A mark is generic when it is: in general use, the name or symbol of a religion, the title of a public domain book, or has meaning other than the trademark applicant (such as a geographic term).

3. A mark can be said to be fraudulently obtained when: the trademark applicant knew the mark was generic and yet lied to the Patent and Trademark Office to obtain the mark anyhow, and when the mark would not have been granted if the applicant had told the truth to the Patent and Trademark Office.

The Urantia Book

4. The Urantia Book is a religious revelation which is considered by many to be a divine revelation. (W. Hales dep., 16:20, 16:23; Caston dep., Ex. 48; Def's Statement of Facts in Support of its Motion for Partial Summary Judgment as to Plaintiff's Claim for Copyright Infringement, No. 4).

5. The Urantia Book is the fifth in a series of major religious revelations to this planet. (Plf's Resp. to Requests for Admission No. 19; Def's Statement of Facts in Support of its Motion for Partial Summary Judgment as to Plaintiff's Claim for Copyright Infringement, No. 2).

6. The Urantia Book is the "latest gift from God." (Mundelius Dep., Ex. 8; Def's Statement of Facts in Oppos. to Pltf's Motion for Partial Sum. Judg. on Trademark Issues, No. 9).

7. Plaintiff Foundation was not the author of the Urantia Book, as they originally claimed on their Copyright Application. (Def's Statement of Facts in Support of its Motion for Partial Summary Judgment as to Plaintiff's Claim for Copyright Infringement, No. 13; Plf's Resp. to Requests for Admission No. 1).

8. The Urantia Book itself describes its own origin. (Def's Statement of Facts in Support of its Motion for Partial Summary Judgment as to Plaintiff's Claim for Copyright Infringement, Nos. 9, 14, 21; W. Hales dep., 22:14; Plf's Resp. to Requests for Admission 31, p. 71; Plaintiff's Amended Answers to Defendant's Second Set of Interrogatories, No. 18).

9. The Urantia Book has no human authorship. ("No humans decided the content of The Urantia Book." (W. Hales dep., 22:20; Forsythe dep. Ex. 8; Def's Statement of Facts in Support of its Motion for Partial Summary Judgment as to Plaintiff's Claim for Copyright Infringement, No. 66; "The Urantian teachings were given by super humans. The Urantia papers are considered to be on a higher plane than the Bible because they were given by such super humans." (M. Hales dep., 34, 36; Def's Statement of Facts in Support of its Motion for Partial Summary Judgment as to Plaintiff's Claim for Copyright Infringement, No. 70; "None of these entities are human." T. Kendall Dep., 21:4).

10. A group of believers known as "the forum" read and studied the Urantia Book for years before Plaintiff Foundation was formed. (Plf's Resp. to Requests for Admission at 13; Def's Statement of Facts in Support of its Motion for Partial Summary Judgment as to Plaintiff's Claim for Copyright Infringement, No. 34).

11. The typesetting of the text of the Urantia papers had been completed before the Foundation was formed. (Plaintiff's Second Supplemental Answers to Defendant's Third Set of Interrogatories, at 84; Def's Statement of Facts in Support of its Motion for Partial Summary Judgment as to Plaintiff's Claim for Copyright Infringement, No. 47).

The Words "Urantia" and "Urantian" as Revealed in the Papers

12. The words "Urantia" and "Urantian" were in existence prior to the time the Foundation was formed. (Plaintiff's Reply to (Revised) Def. Substitute Second Amended Counterclaim 37; Def's Statement of Facts in Opposition to Plaintiff's Motion for Partial Summary Judgment on Trademark Issues, No. 67).

13. The words "Urantia" and "Urantian" derive from the Urantia Book and were not "coined" by Plaintiff Foundation. (Plaintiff's Reply to (Revised) Def. Substitute Second Amended Counterclaim 38; Statement of Facts in Opposition to Plaintiff's Motion for Partial Summary Judgment on Trademark Issues, No. 68).

14. The word "Urantia" is revealed by the superhuman authors of the Urantia Book to be their generic word meaning the name of the planet Earth. (On the first line of the first page of the Urantia Book, the superhuman revelators tell us that the word "Urantia" is the name of our planet. Urantia Book at p. 1; the word "Urantia" is used in the Urantia Papers approximately 1070 times).

15. A "Urantian," as used by the revelators, is the generic term for an inhabitant of this planet. (Urantia Book at over 70 places).

Generic Use by Believers of the Words "Urantia" and "Urantian"

16. In the 1930's (15 to 20 years before Plaintiff Foundation came into existence), believers in the Urantia Book started calling themselves "Urantians." The generic term "Urantian" (inhabitant of earth) came to have a more specific, religious, meaning. Believers in the Urantia Bookconsidered themselves to be "Urantians." (Graham Aff., 2; Statement of Facts in Opposition to Plaintiff's Motion for Partial Summary Judgment on Trademark Issues, No. 75).

17. In the 1930's (15 to 20 years before Plaintiff Foundation came into existence), the general word "Urantia" (earth) began to refer more specifically to a religion founded upon the teachings of the Urantia Book. (C. Weatherford Aff., 2; H. Weatherford Aff., 3, 4; Statement of Facts in Opposition to Plaintiff's Motion for Partial Summary Judgment on Trademark Issues, No. 71).

18. The word "Urantia" is the name of a religion. (E.g., Graham Aff.; Mills Aff., 1; Statement of Facts in Opposition to Plaintiff's Motion for Partial Summary Judgment on Trademark Issues, No. 72).

19. The word "Urantia" identifies a common unity of religious belief. (Cira Aff., 1; Statement of Facts in Opposition to Plaintiff's Motion for Partial Summary Judgment on Trademark Issues, No. 73).

20. The words "Urantia" and "Urantian" are used to connote a revelatory religion of the Urantia Book, to describe religious gatherings relating to The Urantia Book, and distinguish them from other occasions. (Newbern Aff., 1; Schaveland Aff., 5; Statement of Facts in Opposition to Plaintiff's Motion for Partial Summary Judgment on Trademark Issues, No. 74).

21. The word "Urantian" has been frequently used to describe those who believe in the Urantia Book. Indeed, the term "Urantian" is the only widely used and accurate description of those who follow the religious precepts of the Urantia revelation. (Horn Aff., 4; McCarty Aff., 4; Newbern Aff., 2; R. Johnson Aff., 4; C. Weatherford Aff., 3; H. Weatherford Aff., 2; Plaintiff's Reply to (Revised) Defendant Substitute Second Amended Counterclaim 40-41; Mills Aff.; Statement of Facts in Opposition to Plaintiff's Motion for Partial Summary Judgment on Trademark Issues, No. 76).

22. For many Urantians, the word "Urantia" describes their religion as does "Christian" for those who call themselves Christians, "Muslim" for the followers of Islam, "Buddhist" for the adherents to the teachings of Buddha. (Horn Aff., 5; Statement of Facts in Opposition to Plaintiff's Motion for Partial Summary Judgment on Trademark Issues, No. 77).

23. A Urantian is a follower of the teachings of the Urantia Book just as a Mormon is a follower of the teachings of the Book of Mormon. Urantian is a generic term, just like Christian. (Patricia Mundelius, current President of Plaintiff Foundation, writing for the Foundation, stated that: "We have not given consideration as to where we might be classified under world religions. We believe we could be considered essentially Christian, yet Buddhists, Hindus, and many other religions or philosophical systems of thought would find considerable harmony with the teachings of the Urantia Book. If one must classify, I guess we should be just called `Urantians.'" Mundelius Dep., Ex. 28).

24. The Foundation's founder described the religion that was to be based on the Urantia Book as follows: "A religion the like of which this world has never yet seen. A religion that's full of good humor. A religion which is full of the joy of existence. A religion which is totally devoid of fear on the theological or spiritual nature. A religion which people wear casually and yet earnestly. A religion which is gracious in its tolerance, in its leashed strength. A religion which has nothing to do with any one day of a week. A religion which pervades the whole of a human life, twenty four hours a day. A religion which is dealt with in a familiar, friendly way. A religion which is a part of a human being. A religion which is inseparable from philosophy, from ethics, from morality, from economics, from political thinking, and everything else. A religion which seeps down through all the levels of a human personality until it becomes indistinguishable from the whole social fragrance of that human being. This, to me, is religion which appeals. And this, to me, is a religion which you don't find very much of in human history. (Excerpt of a Taped Talk by William Sadler, Jr., Transcript of Proceedings of Plaintiff Foundation vs. Maaherra of March 15, 1991 at 8).

24. Urantians have been celebrating the birthday of Jesus on August 21^st since the early 1930's. (August 21, 7 B.C. is the date given in the Urantia Book for Jesus' birth. Letter of E. Christensen, No. 738).

25. Urantians celebrate Urantian weddings and Urantian memorial services, where passages from the Urantia Book are read. Urantian religionists have Urantia churches and Urantia ministers. (B. Elliott was introduced to the Urantia Book at a Urantia Church, Letter of B. Elliott).

26. Urantians use the Internet to evangelize their religion. (See print outs of many Home Pages from the Internet).

The "Banner of Michael," Concentric Circles Symbol

27. "The Urantia revelation embodies its own unique symbolism. The word Urantia, and the concentric circles symbol stem directly from these teachings." The word Urantia and the symbol identify the revelation known as the Urantia Book. (Mundelius Dep., Ex. 4; Statement of Facts in Opposition to Plaintiff's Motion for Partial Summary Judgment on Trademark Issues, No. 58).

28. The Urantia Book teaches that "the restatement of the religion of Jesus must develop a new and appropriate symbolism." (The Urantia Book at 966).

29. The symbol of the Urantia religion comprises the concentric circles. (Kagan Aff., 4; McCarty Aff., 5; H. Weatherford Aff., 3; Statement of Facts in Opposition to Plaintiff's Motion for Partial Summary Judgment on Trademark Issues, No.60).

30. The three blue concentric circles which appear on the cover of the Urantia Book are the Emblem of the Paradise Trinity of all creation and the Banner of Michael, also known as Jesus of Nazareth. (Mullins Dec. 3; Plaintiff's Responses to Requests for Admission Nos. 40 - 41, citing p. 1016 of the Urantia Book; T. Kendall Dep. at 19-20; Plaintiff's Reply to (Revised) Defendant Substitute Second Amended Counterclaim 44).

31. This symbol of the three concentric blue circles was revealed to this planet by Melchizedek about 3,975 years ago and then by the superhuman authors of the Urantia Papers about 60 years ago. (See the Urantia Book at p. 605, 1015-1016, and 1143).

32. The symbol of three blue concentric circles represents the "order of Melchizedek" and was used by Plaintiff Foundation because it represented this religious order. (W. Hales Dep. at 24).

33. The concentric circle symbol is a religious symbol which is as powerfully compelling for many Urantians, as is the cross for the Christians or the Star of David is for Jews. (Horn Aff., 6; H. Weatherford Aff., 3; C. Weatherford Aff., 4; Watkins Aff., 4; Graham Aff., 3; DuVal Aff., 3; Cira Aff., 4; Stahl Aff., 3; Styers Aff., 4).

34. The three concentric circles is a religious symbol that has been used by Urantians in connection with various Urantia religious gatherings. (Schaveland Aff., 5; Kagan Aff., 4).

35. The concentric circles symbol has been used by Urantians at various conferences, weddings, study groups, Jesus birthday celebrations and worship services to represent the Paradise Trinity and the Banner of Michael (Jesus). (Schaveland Aff., 5; Mullins Aff., 5).

36. The concentric circles symbol is used by many Urantians on the Internet to show their affiliation to Jesus as he is described in the Urantia Papers. (See print outs of many Home Pages on the Internet).

37. The concentric circles symbol can also be found in ancient religious use around the world, but most often it has been found near where Melchizedek appeared around 3,975 years ago. (See the Jain Cosmology, ancient illuminated manuscripts of the Jain -- Sudanist -- religion. Pottery with the circles found near Hebron).

Plaintiff Foundation Made Fraudulent Claims in Order to Register its Trademarks

38. Plaintiff Foundation did not invent or "coin" the words "Urantia" and "Urantian." (Plaintiff's Reply to (Revised) Defendant Substitute Second Amended Counterclaim 37).

39. Plaintiff Foundation took the word "Urantia" from the Urantia Book. (M. Hales dep., 23, 24; Mundelius Dep., Ex. 4).

40. Plaintiff Foundation did not invent the concentric circles. The current President of Plaintiff Foundation admitted under oath: "The Urantia revelation embodies its own unique symbolism. The word Urantia, and the concentric circles symbol stem directly from these teachings."

(Mundelius Dep., Ex. 4; Def's Statement of Facts in Opposition to Plaintiff's Motion for Partial Summary Judgment on Trademark Issues, No. 58).

41. The first President of Plaintiff Foundation claims the Foundation took the symbol of the three concentric circles from the Urantia Book precisely because they had the religious significance that they do. The symbol of three concentric blue circles was selected by Plaintiff Foundation to appear on the cover of the book because it was "...the banner of Michael, the material emblem of the Trinity government of all creation, the three azure blue concentric circles on a white background..." and also represented Melchizedek. (M. Hales dep., 23, 24, 25; Mundelius Dep., Ex. 4).

42. The banner of Michael is important to material creatures because it is tangible, a "material emblem" (the Urantia Papers, page 606) for material beings. Even though Michael's flag is a physical "thing," the circles show allegiance to the Trinity government of all creation. The circles are a material emblem of the eternity, infinity, and universality of God.

43. Plaintiff Foundation has long known the religious and spiritual significance of the circles to Urantians. (Clyde Bedell's three concentric blue circles lapel pin was made in the 1940's.)

44. Plaintiff Foundation has long known that the circles were generic if only because they have religious and spiritual significance historically. (Not only to Urantian religionists). (Doc. No. 981).

45. Plaintiff Foundation has long known the generic meaning of the word Urantia. (When asked, "Does the word Urantia have any meaning to you?" the first President of Plaintiff Foundation replied under oath, "Yes, it does, as defined in the book... It's the earth, our earth." He automatically gave the word its generic meaning, not its trademarked meaning. Hales dep., 23-4).

46. Plaintiff Foundation has long known the religious and spiritual significance of the word Urantia to the group of believers known as Urantians.

47. Plaintiff Foundation did not seek to register the word "Urantia" as a trademark until 1971, when the word had been in use by Urantians for over 40 years.

48. When the Foundation's application was examined, the Patent and Trademark Office specifically advised the Foundation "that names of religions, as such, are not subject to exclusive appropriation. The name itself is not considered to be a service, and anyone practicing a particular religion has the right to use that name." (Office Action of U.S. Patent and Trademark Office in Application Serial No. 398,004, dated November 11, 1971).

49. In response to the Patent and Trademark Office's refusal to register its mark, the Foundation stated that "URANTIA is not the name of a religion." (Response of Urantia Foundation, May 8, 1972).

50. The name of a religion can not be a trademark because it's generic. The name of a public domain book can not be a trademark because it's the name of a product. There can be many "makers" (publishers) of the product (the public domain text of the Urantia Papers) -- such as the Fellowship, Pathways, or the Foundation.

51. What makes a mark generic is general use, or definition other than the name of the trademark holder.

52. "Urantia" definitely has a meaning other than the name of the trademark holder. ("Urantia" is the name of a public domain book; it is the revealed name of our planet; and it is the name of a religion).

53. The words "Urantia" and "Urantian" were in general use by all students of the Urantia Bookin the years before publication (between 1934 and 1955).

54. The words "Urantia" and "Urantian" were in use as geographic terms, as well as in use as religious terms for at least 15 to 20 years before Plaintiff Foundation came into existence.

55. Plaintiff Foundation swore, in a Court of law, under penalty of perjury, that the word Urantia is "neither descriptive nor geographical, nor does it have any primary significance other than to identify Foundation and those authorized by it and the services performed by them." (Findings of Fact and Conclusions of Law, Conclusion No. 17, Foundation vs. King, March 1, 1977).

56. Plaintiff Foundation tells bald-faced lies to the Court system in order to use the Court system and trademark law to control the Urantia religion.

57. Plaintiff Foundation must lose the incontestibility status of their marks because they lied. The Trademark Law is clear. If you submit anything fraudulent, you lose the incontestibility of your marks.

58. Plaintiff Foundation claimed to the Patent and Trademark Office that the words "Urantia" and "Urantian" were "not generic terms."

59. Plaintiff Foundation claimed to the Patent and Trademark Office that the word "Urantian" "is a coined word." ("In response to the Examiner's inquiry, the designation Urantian is not a dictionary word. It is a coined word -- formed by, and from the name of, Applicant Foundation -- which has been adopted and is employed by Applicant to identify publications (at this point, newsletters) published and distributed by Applicant." Letter from Plaintiff to the Patent and Trademark Office, December 21, 1973).

60. A coined word, as defined in Patent and Trademark law, refers only to the creator of the word, or the creator of the word's product goods; it has and can have no other meaning.

61. Plaintiff Foundation claimed to the Patent and Trademark Office that the word "Urantia" "refers solely to the Foundation" and has no other meaning.

62. Plaintiff Foundation claimed to the Patent and Trademark Office that the word "Urantia" was "not a geographic term."

63. The circles, Plaintiff Foundation claims to the Court, signify membership in a "social and fraternal organization" -- when they know full well that wearing the circles signifies citizenship in the Kingdom of Heaven.

64. The Trademark Act of 1946 1052 clearly forbids registration of the flag of a foreign nation, which is also what Plaintiff Foundation did in registering the Banner of Michael, Emblem of the government of the Paradise Trinity.

65. Concerning the making of false statements on the application for trademark, Plaintiff Foundation writes: "...willful false statements may jeopardize the validity of this application or any registration resulting therefrom." (Correspondence from Plaintiff Foundation to the Patent and Trademark Office, December 17, 1973).

Selective Suing and Harassment by Plaintiff Foundation

66. Plaintiff Foundation has sued individuals and groups publishing the public domain text of the Urantia Papers for copyright infringement. (See Defendant Kristen Maaherra's Brief in Support of her Motion for Permanent Injunctive Relief).

67. Plaintiff Foundation does not sue "non-believers" in the revelation, such as well-known author Martin Gardner, who wrote, Urantia, the Great Cult Mystery, without the Foundation's permission.

68. Plaintiff Foundation has not sued any of the many other holders of Home Pages on the Internet who are currently using the words "Urantia," "Urantian," and the circles. (See print outs of Home Pages from the Internet).

Under penalty of perjury, I declare the foregoing to be true.

Kristen Maaherra

152 California Gulch

Jamestown, CO 80455

Dated: October 1, 1996

*************************************************

Exhibit D: From Civil Action No. 94-C-00927, Martin W. Myers v. the Foundation trustees. In the Foundation's Answer to Amended Complaint, their THIRD DEFENSE is: "Plaintiff (Martin Myers) purports to base his claim of a "contractual due process property right" on the Urantia Book, which identifies itself as a "religious revelation." A copy of pages 1007-1008 of the Urantia Book, describing that it is a "religious revelation," are attached to the Answer as Exhibit A. As shown in its Table of Contents, the Urantia Book consists of over 2,000 pages addressing a broad spectrum of spiritual and religious subjects, including discussions about God, Jesus, paradise, angels, spiritual beings, and numberous matters and principles of spiritual faith. A copy of the Table of Contenets of the Urantia Book is attached to this Answer as Exhibit B. The First Amendment to the United States Constitution precludes Plaintiff's (Martin Myers) claim that this Court should decide or interpret the correct meaning and application of the Urantia Book, and the First Amendment prohibits this Court from making any such determination."

******************************************************

October 14, 1996

Defendant KM's Answer and Counterclaim.

ANSWER AND COUNTERCLAIM

JURY TRIAL DEMANDED

Defendant, Kristen Maaherra ("Maaherra") hereby answers the Complaint against her as

follows:

1. Admitted.

2. Admitted.

3. Admitted.

4. Admitted.

5. Defendant admits that the Complaint purports to state a course of action over

which this Court would have subject matter jurisdiction.

6. Admitted.

7. Defendant is without knowledge sufficient to form a belief or falsity of the allegations of Paragraph 7 of the Complaint.

8. Defendant denies that Urantia Foundation (the "Foundation") has continuously and

extensively used the word "Urantia" and "Urantian" and the concentric blue circles to indicate

membership a social and fraternal organization. Defendant is walnut knowledge sufficient to form a belief as to the truth or falsity of the remaining allegations of Paragraph 8 of the Complaint.

9. Defendant is without knowledge sufficient to form a belief as to the truth or falsity of the allegations in Paragraph 9 of the Complaint.

10. Denied.

11. Denied.

12. Defendant admits that by Order dated February 27, 1995 in the case styled Urantia

Foundation v. Maaherra, Civil Action No. 91-0325, the United District Court for the District of

Arizona ruled on the merits of the case and granted summary judgment that the Foundation's

renewal copyright in The Urantia Book is invalid.

13. The Defendant admits that the Foundation has appealed to the United States Court of

Appeals for the Ninth Circuit from the judgment which declare that its renewal copyright in The

Urantia Book is invalid, and that the appeal, which is styled Urantia Foundation v. Maaherra, 95-

17093, is pending.

14. Defendant is without knowledge sufficient to form a belief as to the truth or falsity of the allegations in Paragraph 14 of the Complaint. However, Defendant admits that the Internet

interconnects with a large number of computer users, including individuals, corporations, religious

organizations and educational institutions worldwide.

15. Defendant admits that some users of the Internet can communicate with each other by

means of electronic mail or "e-mail" and otherwise denies the allegations of Paragraph 15 of the

Complaint.

16. Defendant is without knowledge sufficient to form a belief as to the truth or falsity of the allegations in Paragraph 16 of the Complaint.

17. Defendant is without knowledge sufficient form a belief as to the truth or falsity

of the allegations in Paragraph 17 of the Complaint.

18. Defendant is without knowledge sufficient to form a belief as to the truth or

falsity of the allegations in Paragraph 18 of the Complaint.

19. Denied.

20. Defendant is without knowledge sufficient to form a belief as to the truth or

falsity of the allegations in Paragraph 20 of the Complaint.

21. Denied.

22. Admitted.

23. Defendant denies the first sentence of Paragraph 23 Defendant is without

knowledge sufficient to form a belief as to the truth or falsity of the second sentence of

Paragraph 23 of the Complaint.

24. Denied.

25. Denied.

26. Denied.

27. Defendant denies the first sentence of Paragraph 27 of the Complaint and is

without knowledge sufficient to form a belief as the truth or falsity as to the second

sentence of Paragraph 27 of the Complaint.

28. Denied.

29. Admitted.

30. Defendant admits that Exhibit "K" to the Complaint is a true and correct copy

of the a settlement agreement between Defendant and the Foundation, a and otherwise

denies the allegations of Paragraph 30 of the Complaint.

31. Defendant admits that this allegation contains a partial quotation of Paragraph

4(a) of the Settlement Agreement.

32. Defendant realleges her responses to Paragraph 1 through 28 of this Complaint