(United States Sixth Circuit) - In the Seventh-Day Adventists Church's trademark infringement suit against a defendant based on his spend of their protected marks in advertising and promoting his breakaway church,district court's entry of default judgment against defendant for refusing to seem for a court-ordered mediation, denial of defendant's motion to dismiss and a grant of partial summary judgment for the plaintiffs are affirmed where: 1) the district court properly exercised subject matter jurisdiction as this case can be resolved based on trademark law without addressing any doctrinal issues; 2) the text of the statute makes clear that Congress intended RFRA to apply only to suits in which the government is a party; 3) judicial estoppel does not apply to defendant's argument that "Seventh-Day Adventism" refers to religion and is therefore a generic term that cannot be trademarked; and 4) plaintiffs were entitled to summary judgment on the likelihood of confusion, or as such,district court's judgment as to the mark "Seventh-Day Adventist" is affirmed.
Source: findlaw.com