Frequently Asked Questions re Patrick O'Sullivan v. Creativity

Who is Patrick O'Sullivan and where does he come from?
Full name, Patrick John O'Sullivan (picture). In 1988, O'Sullivan lived in Adelaide (South Australia), where as a sixteen year old self-proclaimed 'Skinhead' he made contact with the Nationalist political party, Australian National Action (ANA). By 1989, he had made the move to Melbourne (Victoria, Australia) where he was later expelled from the party along with several others after a failed attempted takeover. In 1995 in an attempt to shut down ANA operations, O'Sullivan swore out a complaint against the Chairman of ANA, Michael Brander, for assault (a complaint which he later withdrew).

Peter Coleman, David Palmer and Robert Leys: In the years 1998 - 2001, O'Sullivan worked for Peter Coleman as an assistant in his militaria business. On that basis he travelled the country with him. The 1999 campaign against the One Nation Party, designed by a Greg Roberts of the Sydney Morning Herald, had Peter Coleman, David Palmer and Patrick O'Sullivan pretending to represent the National Socialist Movement (NSM), the Ku Klux Klan (KKK) and the World Church of the Creator (WCOTC), respectively. At no point was the reader or viewer of the shocking tales of a supposed "neo-Nazi" takover of One Nation Party told O'Sullivan was Coleman's employee, let alone that the three were acting alone and had no connection to the American groups they claimed to represent. Robert Leys, who was also an associate of Coleman, Palmer and O'Sullivan, had earlier falsely claimed to represent the WCOTC in Australia as a reverend.

O'Sullivan did, however, eventually join the WCOTC; where he spent the next few years abusing WCOTC leader, Reverend Matt Hale, behind his back for refusing to expel those Australian WCOTC members whom O'Sullivan did not personally approve.

In August 2002, O'Sullivan was sentenced to eighteen months in prison for the stabbing of a Skinhead at a house warming party in May of 1999. All of which he spent in protective custody where he proudly declared himself to be a 'Political Prisoner' and maintained a constant, if government monitored, dialogue with the marginalized gang elements within the WCOTC - who upon Reverend Hale's arrest in January 2003, acted together in a coup to oust hundreds of members from the Church and gain control of it for themselves.

Following his release from prison in 2004, O'Sullivan quickly siezed upon his reputation for martyrdom and used it to personally expel more than forty Church members within three months. These days, his particular group is known as The Creativity Movement (TCM). O'Sullivan is the leader and only remaining member from when the group was known as the WCOTC. Other than symbols and terminology, it has no association with the former World Church of the Creator, or indeed with the Religious Creed of Creativity at all.

Does Mr O'Sullivan own Creativity?
No, he does not. Nobody can own a religion.

Does Mr O'Sullivan own the Creator logo?
No group or person can own the Creator logo.

I live in America/New Zealand/England/Germany/Et Cetera, does Mr O'Sullivan's registered trademark effect me?
No. Australian trademark laws do not extend beyond Australian shores. This also covers websites not hosted in Australia.

But Mr O'Sullivan claims that his group is a continuation of the original group founded by Ben Klassen. Is this true?
No, it is not true. Creativity had all but died out after Ben Klassen's death. The revival came when Matt Hale started his own group which he called the WCOTC and invited the remaining Creators from Klassen's period to join him.

Mr O'Sullivan says your group is new and has no Creators in it. If he is right, then you must obey him.
O'Sullivan is wrong. The Creativity Alliance was founded by a Creator from Klassen's COTC who later joined Hale's WCOTC. After starting the Creativity Alliance in 2007, he was joined by others from Hale's WCOTC and Klassen's COTC. Nobody need obey O'Sullivan.

I would like to be a Creator but do not want to join any group. Am I allowed to use the Creator logo and call myself a Creator?
Yes. The logo of Creativity is generic to the religion of Creativity as are the names Creativity, Creator and Creativity movement. Creativity is a religion; only you can decide your religion and choose whether or not to call yourself a Creator.

I own/am a moderator of a social networking site. Mr O'Sullivan has threatened legal action if I continue to allow the use of Creator symbols on my site without his permission. Can he really do this?
No. All symbols associated with Creativity are generic and can not be owned by any single person.

But Stormfront.org Downunder section is unique because it has Australians in it. Don't we have to comply with Australian trademark law?
Stormfront.org Downunder is not unique. The law does not change because a group of foreign nationals begin using a United States based site. You would not assume that the national laws governing the site would change because a group of Chinese begin using Stormfront.org would you?

I have noticed that Mr O'Sullivan uses the name Rev.Patrick.-WCOTC on Stormfront.org. Does that mean he owns the trademark for WCOTC aswell?
No. The trademark for Church of the Creator (COTC) is a registered trademark owned by a Christian group called TE-TA-MA Truth Foundation. By allowing O'Sullivan to use WCOTC as part of his username, the owners of Stormfront.org are in breach of US trademark laws and several US Federal Court orders, for which O'Sullivan's group already owe US$650,747.

How can a name that is registered with the government trademark office still be called generic?
A simple example would be an apple farmer trying to register the phrase THE BEST APPLES. Obviously other apple farmers have a legitimate need to be able to say that they grow the best apples too. It would be unfair on other apple farmers to give one apple farmer exclusive rights to this phrase. But, for the apple farmer to register THE BEST APPLES with a unique symbol would mean that other farmers may describe their apples as THE BEST APPLES, providing they do not use the same unique symbol that the apple farmer has registered with the trademark office. O'Sullivan made the mistake of registering a generic name in conjunction with a generic symbol that was unknown to the trademark office. A trade mark is not registrable if it is not capable of distinguishing goods or services from the same or similar goods or services of other traders in the marketplace.

AHA! Mr O'Sullivan successfully registered his trademark and he can close you down. Case Closed!
Wrong! No registered trademark is totally incontestable. Any registered trademark found to be generic can be forfeited.

What does 'generic' mean?
Generic is a term that is applicable to an entire class or group; any product that can be sold without a brand name.

What if a millionare supplies Mr O'Sullivan with the funding. Couldn't he send me bankrupt through the court system?
No. Firstly, the trademark registration system in Australia is very specific. To breach O'Sullivan's registered trademark, the logo of Creativity must be used in conjunction with 'Creativity Movement' as the name of a specific group not related to O'Sullivan's '[The] Creativity Movement.' Secondly, you are most probably outside of Australia, and Australian trademark laws do not extend beyond Australian shores.

Do you think everyone should avoid using the name, 'Creativity Movement?'
We suggest that Creators living in Australia be very careful how they use that name - if in doubt, avoid it. Those who live elsewhere in the world can do as they wish because Australian trademark laws do not extend beyond Australian shores..

I bought some books and a flag from Mr O'Sullivan some years ago. He recently contacted me demanding that I return them to him as they are now his property. Is this legal?
No. It is most definately not legal. You bought those items from O'Sullivan in good faith. He has no legal claim on how you display those items nor with whom you share them with.

I am not what you call a Creator. I am Asian and am part of a group called The Asiatic Creativity Movement. How does this effect us?
It doesn't. Your group has no relationship at all with our religion and does not use the logo of Creativity, thefore it can not be mistaken for O'Sullivan's group.

If everything you say is true, then why did Mr O'Sullivan even bother to register the name and logo as a trademark?
That is a very good question. O'Sullivan registered the name and logo with the Australian Federal Government because he is incapable of starting anything of his own and believes that if he can muscle his way in on something that he sees as a good thing, then he can take over and make a profit from it. O'Sullivan's lack of morals mean that he will do anything to remove potential rivals; this includes everything from mild deception, to violence and fraud.

I don't think you are being fair to Mr O'Sullivan. How can I contact him?
O'Sullivan can be contacted at PO Box 1622, Collingwood, Victoria, 3066, Australia.
Email: paxrahowa88@hotmail.com. Ph: (Australia only) 0431525994 or (from outside Australia) 61431525994.

 

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