Legal Notes: CreativityReligion.info

[Rev.Cambeul]

R!  Have you seen this site?  http://www.creativityreligion.info ?  It is new.  Do you know who set it up?  What do you think of it?  (Btw it was not me, anyone in my family or James if you are also unsure who set it up).  Just wondering if you know as then I won't have to follow a particular line of enquiry that I think is the answer     

Well it isn't who I suspected but I am still not sure whose it is.  They say they are trying to be neutral so they link to any and all other Creators by the look of it!

Reverend Logic,

I have also forwarded this to Brother James - as he already knows some of the details, especially re a certain shoddy book available at Amazon - and to Reverend Cochran - as HP and National Coordinator for the US.

Thanks for the info. I've gone through the online texts and found that the legal judgements have gone missing. I have copies, but without those legal judgements, idiots are going to think they can make up any old rule. I'll find and republish as an article ASAP - but with the heat here, my computers are playing up, so there's not much I can do; even typing this is difficult. In the meantime, you'll get what I have from memory ...

The initial judgement by Judge Lefkow was for Hale and his WCOTC. A court of appeals overturned her decision, basically saying "Hate Groups" have no rights. She was forced to implement restrictions:

No use of WCOTC or World Church of the Creator in anything. The name was to disappear and never to be seen again. The reason for that was, the WCOTC was only founded in 1996 and TE-TA-MA's COTC was founded prior to 1996.

COTC or Church of the Creator could only be used in reference materials and archive materials: Such as Ben Klassen founded the COTC, our Reverend Esposito joined the Church of the Creator in 1974, quotes from books (provided it is said to be a quote), and the contents of our books would remain untouched as they are protected by the 1973 copyright that precedes the 2002 registered trademark decision. However, the name COTC was to be removed from or covered on our book covers and the title pages of the books. Founder Klassen's audio and video was also protected under copyright law. If we refused to abide by the ruling, our books could be seized by the FBI and given to TE-TA-MA.

Specifically, we were to never again use the words CHURCH and CREATOR together in the same name, unless it is in reference to Founder Klassen's premier Church of the Creator, or was a quote from Klassen's books, or in audio or video from prior PM McCarty legally closing the COTC in 1994.

What Actually Happened: Hale set up a trademark for THE CREATIVITY MOVEMENT on the sly in 2002. When he lost the appeal, he did not cite prior usage https://creativityalliance.com/forum/index.php/topic,5213.0.html

By this time, a reader familiar with the Lanham Act may have grown frustrated by our inattention to what must seem the most obvious argument on behalf of the World Church: prior use. Ben Klassen published Nature's Eternal Religion, and adopted the name "Church of the Creator," in 1973, nine years before the Foundation began using that phrase. Section 1065 provides that even incontestable marks must yield to "a valid right acquired under the law of any State or Territory by use of a mark or trade name continuing from a date prior to the date of registration under this chapter of such registered mark". Yet the World Church has not urged prior use as a defense, presumably because of the reorganization designed to avoid paying the judgment mentioned in this opinion's opening paragraph. The corporation that adopted the name "Church of the Creator" in 1973 no longer exists; the organization "World Church of the Creator" formed in 1996 is junior to the Foundation. It turns out that tactics adopted to avoid paying for one's wrongs have collateral costs.24The judgment of the district court is reversed, and the case is remanded with instructions to enter an appropriate judgment in favor of the Foundation.

The reason PM McCarty closed the COTC was because of that coming judgement, which he left uncontested. Basically, Church Members abandoned McCarty to his fate, so he quit.

The reason Hale started a separate group of his own called the NEW CHURCH OF THE CREATOR was because he wanted to avoid the previous judgement under McCarty. The reason why Hale refused to claim prior usage, state factors of common religion, but separate group or attempt to claim prior usage and contest the previous decision under McCarty is debatable. Hale refuses to address the issue to this day. Instead Hale stated in numerous recordings - that idiots still make available - that we are at war with the JOG. He claimed that the FBI were going to kick in every Creator's door, confiscate our Holy Books and arrest us all on federal charges. He claimed they wanted to burn our books and burn our flags. Hale ordered us to keep using COTC and WCOTC. Then he was arrested.

Hale's incompetent confidents gained the keys to his Post Office Box, and all his papers that the JOG didn't get were handed over to them. They immediately dropped the name WCOTC, declared Hale to be a criminal that should not be associated with Creativity, claimed that their new THE CREATIVITY MOVEMENT was the only legit Church and that everyone must now request permission to rejoin their MOVEMENT.

TCM then edited the books so that COTC was replace with TCM. They declared the various groups that had arranged with Hale to (for legal purposes) separate from the WCOTC and continue as we always had, to be illegitimate ... which is what leads to the crap everyone has today from Hale and tcm. TCM also falsely claimed that we are never allowed to use the word CHURCH again (even though every group that separated from the WCOTC that did not continue using COTC had already begun to use CHURCH OF CREATIVITY). TCM was responsible for shutting down the remaining COTC and CoC groups - NOT THE JOG!

And so, we now come to this idiot in the UK who (like other fools from the US before him) thinks he can use a quote from me and cover his arse in the legal dept.:

Due to a 2003 CE decision in the US 7th Circuit Court Of Appeals, the name "Church of the Creator" is the trademarked property of a Christian entity known as TE-TA-MA Truth Foundation-Family of URI®. Use of the name "Church of the Creator" in any context is historical, and is presented for educational purposes only. The Creativity Alliance makes no attempt to assume or supersede the trademark. Trademark remains with the trademark holder

The quote is fine, IF you abide by the court ruling as we do.

No mention at all of the WCOTC: Yes, we do mention it, but only in historical context and presented for educational purposes.

No COTC on the book covers: That idiot in the UK has put WCOTC on the back cover of his version of our books claiming Ben Klassen founded the WCOTC in 1973.

No need to alter the contents of the books: His books are from tcm electronic editions and have been edited to remove COTC to replace it with TCM.

And his website is a total mishmash of terminology that breaches every ruling under the law.
http://www.creativityreligion.info
http://whois.net/whois/creativityreligion.info

People such as that individual are no friend of Creativity. Even if they do happen to be proceeding under the guise of good intentions, they do more harm than good. As that person is hidden, he is under no threat whatsoever from the JOG because of his own actions. We however, are. If they choose, the JOG can come after us, claim that Creativity is my responsibility, and declare us in breach of the federal court ruling. If that is the case, a new ruling is made without prior notice, I am ordered to appear before court or abide by the new ruling over something I have no power over, our American Church Members are hunted by the FBI and hit with a fine that will begin at $1,000 per day for breach of order, along with media exposure and threat of imprisonment. Known GFC in the US will particularly be investigated - most especially the US National Coordinator. Also, our sites will be closed down and our domain names confiscated and given to TE-TA-MA; one in breach, all in breach! (tcm also faces the same threat). It doesn't matter where in the world our sites are hosted, we must abide by US law https://creativityalliance.com/forum/index.php/topic,6120.0.html

Admittedly that is a worse case scenario, but I have already seen it happen immediately following Hale's arrest. My knowledge of these nagging legal aspects of Creativity is one of the main reasons I am PM.

So how do we deal with it. For starters, I will leave it to the three of you to handle this on the quiet. Keep it mutually respectful and all that. If we can, we will catch this fly with honey, set him straight, show how professional we are and make a friend. We are offering to help him in any way he needs for his sake and ours. We are not seeking to recruit him; we simply respect that he is already a Creator who chooses to remain an Independent, and as such, he already knows that he can apply to join our Church at any time.

If he is not open to that, then I'll proceed as if he's a deliberate threat to Creativity and hit his webhost https://www.nearlyfreespeech.net http://who.is/whois/nearlyfreespeech.net with a cease and desist order. I will supply them with the details that this individual must comply with and make sure that they understand what happened to a Creator owned Free Speech Webhost that did not comply with the court order.

Prior to issuing the order, I will ship it to Reverend Cochran, who can then phone and have a friendly chat with the webhost. If they too refuse our friendly requests and offers of assistance, then the next step is to shut the lot of them down and put an end to this and every other risk to our Church.

Cailen.

[Chuck]

I just tried to access the site (http://creativityreligion.info) and it appears to be down.
I checked with http://isup.me and they seem to think it's down too.
Is there still a problem with this fellow?

EDIT: My mistake. Apparently the "www." is necessary to get to the site.

I sent the following email to "creativityreligion.info@RespectMyPrivacy.com" the address on the WhoIs page:

To whom it concerns,


My name is Rev. Eddie Cochran. I recently discovered your website, "http://creativityreligion.info."
While I'm glad you've taken it upon yourself to spread our mutual religion I am
concerned that some content on your site may violate existing trademark
rulings.


As you undoubtedly know, the TE-TA-MA Truth Foundation sued the World Church
of the Creator and won. This ruling prevents the use of certain words and
phrases under certain conditions because they violate that ruling. I'd like to
advise you on how to change the website in order to comply with these
rulings.


I'm concerned because any legal attention your website may draw will draw
legal attention to the rest of us. I understand that you are an independent
Creator and have no interest in recruiting you. Thanks for your time.


Rev. Eddie Cochran
U.S. National Coordinator
Creativity Alliance

[Rev.Cambeul]

It's one of those stupid sites that wont work without www http://www.creativityreligion.info That alone shows how incompetent his webhost is.

I spoke with Brother James Mac. He knows the bloke. It's someone from Sweden that is ex tcm. That's the reason for his know nothing attitude. However, Brother James also reports that he's not responding to messages via the usual route, so hopefully yours will get through to him.

I just looked at the website. I see the Swede has turned into a Hale fanatic. If only he knew how manipulative Hale really was .... Anyway, one of the things I said to Brother James was that if this idiot wants Hale stuff, we can supply that too - but it would be done in a totally legal way as history. We would run it from our webhost, but using a different/his domain name. The only person he would be permitted to tell that we run it, is Hale himself. Because if this Swede doesn't know Hale at all and is just posting * online because he thinks its a matter of freedom of speech, then this Swede doesn't know * about reality!

Liaise with Brother James on this. If neither of you have any luck, I'll get involved and shut him down as I said.

Try this link to send him the same message http://www.creativityreligion.info/magazines/