On Sunday, September 22, Bishop Skip Adams worshiped at Grace Church Cathedral, Charleston, and took a few moments to address the federal court ruling from Thursday that recognized The Episcopal Church in South Carolina as The (Episcopal) Diocese of South Carolina. The ruling affirmed that when a group chose to disassociate from The Episcopal Church in 2012, they began a new organization that was not The Diocese of South Carolina as they claimed. Instead, the historic Diocese is the group that remained with The Episcopal Church, which has been known since 2013 as The Episcopal Church in South Carolina.

Bishop Adam's Sunday address can be viewed at this link; the text of his message is as follows:

You, dear people of God, are today sitting in Grace Church Cathedral, a parish of The Episcopal Church, in, wait for it, The Diocese of South Carolina.
 
This past week, we were filled with gratitude when Judge Gergel ruled in our favor on all counts in the trademark infringement and false advertising case that we filed in federal court. In short, it says that we are, not the disassociated diocese, WE are and always have been the Diocese of South Carolina.
 
Judge Gergel also said in his decision that, “It is time for this dispute to be resolved.” Amen. We could not agree more. We also know, however, that we remain in transition as we continue to work on the transfer of the property that belongs to us of The Episcopal Church and held in trust on the Church’s behalf. Yet make no mistake, this decision gives us encouragement along the way.  It is like finding a cool, refreshing watering hole in the midst of the wilderness.
 
Some of you are aware that I was attending a House of Bishops meeting in Minneapolis this past week when the news came. Soon after that news, there was an exciting buzz among many of us closest to this case.  The Presiding Bishop asked me to fill in all the bishops of the Church attending, about 120 of us from everywhere in The Episcopal Church including  beyond the shores of the United States. As I explained what happened was stunning, all of those Bishops in that moment rose in a spontaneous standing ovation. I received it for you.
 
They were honoring all of us; you here today; our parishes and worship communities all over the Diocese; the new starts; the clergy and other good people who felt thrown out of  their church and have been hanging on, waiting, persevering, as we await decisions.We were celebrating our amazing legal team, that ovation was for them, for all of us, in thanksgiving for the work we have been doing since 2012—no, since 1785.
 
One of the tasks of leadership is to persevere, especially when it is hard, especially when it seems that nothing much is happening, and then to adapt to the circumstances around us in the most faithful way we know.  Continue to pray, even as we meet with representatives of the disassociated diocese this week on Thursday. We continue to move on, seeking the highest degree of reconciliation in Christ possible, bold in our faith, bold in our hopefulness, as this is not a time to shrink back. We must embrace the new future God continues to prepare for us.
 
Bless you, bless all, of The Episcopal Church in South Carolina, in fact, we are The Diocese of South Carolina. Thank you.
 
Bishop Skip


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U.S. District Court Judge Richard Gergel ruled in favor of The Episcopal Church in South Carolina and The Episcopal Church today on the trademark infringement and false advertising lawsuit filed in 2013. Saying that “The time has come for this dispute to be resolved,” Judge Gergel granted the plaintiff’s (the Bishop of The Episcopal Church in South Carolina(TECSC)) motion for summary judgement, and declared that the group that disassociated from The Episcopal Church (TEC) in 2012 (and all affiliated churches) can no longer use the name “Diocese of South Carolina” nor use the “diocesan seal” or “Episcopal shield.”

The federal case, known as vonRosenberg v. Lawrence, was filed in March 2013, a few months after Mark Lawrence and a breakaway group announced they were leaving The Episcopal Church. The suit involves a claim of false advertising under the federal Lanham Act. At that time, Bishop Charles vonRosenberg was the only bishop recognized by The Episcopal Church and the Anglican Communion as bishop of the Diocese of South Carolina. According to the lawsuit, by continuing to represent himself as bishop of the diocese, Mark Lawrence is committing false advertising. 

In his 73-page opinion, Judge Gergel summarized that “the Defendants have every right to disassociate from the TEC and pursue their doctrine and community as they see fit, yet they may not leave with the Plaintiffs' goodwill and marks generated over the course of over two centuries.”

Judge Gergel continued: “However, on the facts presented here, the Court finds it undisputed that the Defendants infringed on TEC and TECSC's marks, diluted TEC's marks and engaged in false advertising regarding their affiliation with TECSC and their identity.”

The lawsuit initially was filed in 2013 by the Rt. Rev. Charles G. vonRosenberg, who was then Bishop of TECSC. His successor, The Rt. Rev. Gladstone B. Adams III, was later added as a plaintiff. The Episcopal Church was allowed to join as a plaintiff in 2017, and TECSC was added in 2018.

Bishop Adams was thankful for today’s decision. "We are grateful to the court for their thorough attention to this case and for bringing clarity to our identity in recognition of our long history as the presence of The Episcopal Church in the eastern half of South Carolina,” said Bishop Adams. “While we are thankful, we know that this decision may be difficult for those from the disassociated diocese, and our hope remains that we can all find a path to true reconciliation and restoration of our diocese." 

​The federal case is key to resolving trademark issues that were not addressed by the state courts in the lawsuit that the breakaway group, calling itself the “Diocese of South Carolina,” filed against The Episcopal Church and its local diocese in 2013. That case went to the South Carolina Supreme Court, which ruled August 2, 2017 in favor of The Episcopal Church and its diocese, The Episcopal Church in South Carolina.

About The Episcopal Church in South Carolina
The Episcopal Church in South Carolina (TECSC) is the local diocese in the eastern half of South Carolina, and part of The Episcopal Church and the Anglican Communion. For the latest on TECSC, visit episcopalchurchsc.org or like us on Facebook.

UPDATE: See the newest blog posting here, for a full response to today's news, including a quote from Bishop Skip Adams.

U.S. District Court Judge Richard M. Gergel today offered an Order and Opinion in favor of The Episcopal Church in South Carolina and The Episcopal Church in the federal false-advertising and trademark infringement lawsuit against the bishop of a group that left The Episcopal Church in 2012.

His 73-page decision is best summarized in the final pages:

“The time has come for this dispute to be resolved. The Defendants have every right to disassociate from the TEC and pursue their doctrine and community as they see fit, yet they may not leave with the Plaintiffs' goodwill and marks generated over the course of over two centuries. The Court is cognizant that Defendants have since associated with a new denominational organization, and there may be other marks that properly identify their affiliation with this organization and would be sufficiently distinct to not cause any confusion with or dilute TEC's marks or constitute false advertising. However, on the facts presented here, the Court finds it undisputed that the Defendants infringed on TEC and TECSC's marks, diluted TEC's marks and engaged in false advertising regarding their affiliation with TECSC and their identity. Therefore, as detailed below, the Court issues an injunction against further trademark infringement, trademark dilution, and false advertising.

IV. Conclusion
For the foregoing reasons, the Court GRANTS Plaintiffs The Right Reverend Charles G. vonRosenberg, et al. 's Motion for Summary Judgment (Dkt. No. 584). The Court GRANTS TEC's Motion for Summary Judgment (Dkt. No. 595). The Court DENIES Defendants The Right Reverend Mark J. Lawrence, et al. 's Motion for Summary Judgment (Dkt. No. 603). The Court · DENIES Defendants The Right Reverend Mark J. Lawrence, et al. 's Motion for Summary Judgment as to Genericness. (Dkt. No. 610.)

The Court further DECLARES that TEC owns its five federally registered marks (Dkt. Nos. 595-5; 595-7; 595-8; 595-9; 595-11 ; 595-64; 595-65; 595-67; 595-68) and that TECSC owns the marks designated in the state registrations (Dkt. No. 584-3).

Additionally, the Court hereby issues the following PERMANENT INJUNCTION and ENJOINS all Defendants, their officers, agents, servants, employees, associates, subsidiaries and affiliates from using the following marks or any mark confusingly similar:  

• The Protestant Episcopal Church in the United States;
• The Episcopal Church;
• The Episcopal Church Welcomes You;
• La Iglesia Episcopal, and;
• The Episcopal Shield.

The Court further enjoins Defendants their officers, agents, servants, employees, associates, subsidiaries and affiliates from using the following marks or any mark confusingly similar:

• Diocese of South Carolina;
• The Episcopal Diocese of South Carolina;
• The Protestant Episcopal Church in the Diocese of South Carolina;
• The Diocesan Seal. 

The full decision is still being studied, and more information is to come.

Funded by an Episcopal Relief and Development grant of $25,000, the Episcopal Church in South Carolina (TECSC) has partnered with Giving Kitchen of Atlanta to create the Hurricane Dorian Relief Fund and offer financial assistance to food service workers experiencing hardship due to Hurricane Dorian in coastal South Carolina. The Episcopal Diocese of Georgia, Savannah, received the same grant to serve coastal Georgia.

“While many people in South Carolina did not suffer significant property damage from Hurricane Dorian, the storm was financially devastating to hourly employees who because of the state’s mandatory evacuation were unable to work for nearly a week,” said the Rt. Rev. Gladstone B. “Skip” Adams III, Bishop of The Episcopal Church in South Carolina. “We are thankful for the assistance of Episcopal Relief & Development in allowing our diocese to serve this tremendous need in our local communities,” said Bishop Adams.

One-time funds are provided on a first-come, first-served basis. Food service workers may apply for assistance from the Hurricane Dorian Relief Fund from now through September 30, 2019. To complete the application to receive funds from the Hurricane Dorian Hurricane Relief Fund application, visit this link: https://thegivingkitchen.org/dorian  Membership or participation in the Episcopal Church is not a precursor for support and administration of the 2019 Hurricane Dorian Relief Fund.

How it Works

Giving Kitchen's online application requires food service workers impacted by Hurricane Dorian to provide proof of current employment in the commercial food service industry as well as financial need in order to qualify for the Hurricane Dorian Relief Fund. Approved applicants will receive grocery store gift cards in amounts ranging from $50 to $500 based on current need. One of the first applicants received $450 in gift cards to help her meet her financial needs.

Giving Kitchen will process online applications for food service workers to receive support from the Hurricane Dorian Relief Fund. TECSC will provide gift cards at pre-approved pickup locations in the communities of Charleston, Pawley's Island and Myrtle Beach. Specific pick-up locations will be provided to approved applicants.
 
About The Episcopal Church in South Carolina
The Episcopal Church in South Carolina (TECSC) is the local diocese in the eastern half of South Carolina, and part of The Episcopal Church and the Anglican Communion. For the latest on TECSC, visit episcopalchurchsc.org or like us on Facebook. 

On Monday, September 9, South Carolina Circuit Court Judge Edgar Dickson filed the order denying TECSC’s motion to dismiss the lawsuit filed by the breakaway group under the state’s Betterments Act, as had been announced nearly two weeks ago. As was previously reported, the judge has made no ruling on the actual case and it is expected to be part of the court-ordered mediation.

Now that the motion to dismiss has been denied, attorneys for TECSC were required to respond to the initial (amended) complaint filed against the Diocese by the breakaway group (in November 2017), as a matter of procedure. This Answer was filed in the First Judicial Circuit on Wednesday, September 11, and outlines the reasons TECSC believes the lawsuit is without merit.
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Mediation between TECSC and The Episcopal Church and the breakaway group is scheduled for Thursday, September 26, and will involve enforcement of the South Carolina Supreme Court’s 2017 decision on diocesan and parish properties, as well as this Betterments case.

The mediation session between The Episcopal Church in South Carolina (TECSC) and the breakaway group has been rescheduled to Thursday, September 26. Both parties were ordered to enter mediation by First Circuit Court Judge Edgar Dickson at a hearing on July 23 of this year. The mediation is intended to address the ongoing dispute over enforcing the South Carolina Supreme Court’s 2017 decision on diocesan and parish properties, as well as a lawsuit filed in November 2017 by the breakaway group against TECSC under a South Carolina law known as the Betterments Act.

As many of the churches in our diocese are located in areas under mandatory evacuation orders due to Hurricane Dorian, some church offices in the diocese have closed until the storm passes and some weekly events have been postponed or canceled. The list below contains some of these closures. Please email any additional closures/postponed events to [email protected].

All Saints’ - Hilton Head
Church Offices and the preschool are closed until further notice.

Calvary Episcopal Church, Charleston 
Church offices closed through Friday.

Church of the Epiphany, Summerville
No Thursday morning Bible Study.

Grace Church Cathedral, Charleston
Church offices closed; but all services as scheduled, including Wednesday 5:30 pm Eucharist (come as you are).

Holy Cross - Faith Memorial, Pawleys Island
Church office closed Wednesday-Thursday. Healing service canceled. Food pantry and clinic are closed.

St. George's Episcopal Church
All midweek services and activities are cancelled this week, including the Thursday morning confirmation class. Sunday services scheduled as normal.

St. Stephen's Episcopal Church, Charleston – Church offices closed due to mandatory evacuation.

St. Stephen's Episcopal Church, North Myrtle Beach
Church office and all events canceled through Friday.

The Episcopal Church of the Good Shepherd, Summerville
Tuesday Book Club canceled; will meet again on Tuesday, Oct. 1. Wednesday Holy Eucharist and Thursday choir practice are both canceled and will resume next week. Christian Education classes and the 10:30 service are still on schedule for this Sunday.  

Hurricane Dorian is expected to pass near (or through) the South Carolina coast from late Wednesday into Thursday, September 5.  Assuming damage is minimal, all churches hope to resume a normal schedule once the storm has passed and the mandatory evacuation orders have been lifted.

Bishop Skip Adams, the diocesan staff, and our Diocesan Disaster Coordinator the Rev. Fred Thompson are all monitoring Hurricane Dorian. With a mandatory evacuation ordered along the South Carolina coast beginning at noon Monday, September 2, the Diocesan Office will be operating on a modified schedule, allowing staff to work remotely and flexibly while they continue to keep in touch and pass along information. 

Members of diocesan staff had their first online check-in meetings with Episcopal Relief & Development on Sunday, and will continue these daily along with diocesan personnel in the dioceses that expect to feel the effects of the storm. The organization is coordinating daily check-ins, with prayers and status updates, for these dioceses until they are no longer needed.

TECSC staff also has a check-in system so we will be staying connected each day with the clergy and leaders of all our congregations. The first daily check-in call was held today, and these will continue until no longer needed.

Bishop Adams has also been in communication with Presiding Bishop Michael Curry who has expressed his care and concern for all in the path of Hurricane Dorian.

Please watch our website and Facebook page for updates, and continue to pray for everyone in the path of the storm, and for all those who are working to provide care, safety and assistance. ​