Diocese of SC Files Petition in Federal Court for Enforcement of Sept. 19 Injunction

The Diocese of South Carolina filed a petition in federal court late yesterday requesting enforcement of the Court’s Order and Opinion and Permanent Injunction issued on September 19, 2019. The petition cited numerous examples that prove continued violations of the Injunction by the disassociated diocese as it “hold(s) itself out to be the Historic Diocese in many respects,” including using a name that is “confusingly similar” to that of the Diocese of South Carolina.
 
Among the cited violations, the Petition to Enforce the Injunction notes that although U.S. District Court Judge Richard Gergel pointed out in his September 19 ruling that “The Disassociated Diocese is an organization formed in 2012,” the disassociated diocese continues to advertise on its website and social media pages that it was “Founded in 1785” and displays on its website convention journals and materials of The Diocese of South Carolina as if they are their own, even though many are from prior to the organization’s formation in 2012. 
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The filing outlines various other violations of the Permanent Injunction including redirecting the web address of the Diocese of South Carolina to their new web address, and that the disassociated diocese’s new name, “The Anglican Diocese of South Carolina,” is in fact “confusingly similar” to “The Diocese of South Carolina” as Judge Gergel’s ruling had issued the Injunction to avoid. As noted in the filing, “The Injunction places a heavy legal burden on the Disassociated Diocese not to choose a confusingly similar name, because the Court has already found that Defendants infringed Plantiff’s marks.” Yet, the new name contains the entirety of the historic diocese’s name, adding only one word, “Anglican,” which aptly describes the historic diocese – a member of the worldwide Anglican Communion as part of The Episcopal Church.
 
After explaining the various violations, providing screenshots, photos, and other evidence, the petition asks the Court to take the necessary action to assure compliance with the order, including requiring the disassociated diocese to select a new name for the organization “under the safe distance rule that is so far removed from any characteristic of the Historic Diocese so as to put the public on notice that the two are not related.”
 
In filing the petition yesterday, Chancellor Thomas S. Tisdale, Jr. expressed a hope that this matter can be settled soon. “We very much agree with Judge Gergel’s ruling on September 19 that ‘the time has come for this dispute to be resolved,’” said Tisdale. “But as we continue to move forward, we also want to bring an end to the confusion caused by the disassociated group claiming the history of the Diocese of South Carolina to be its own.”
 
In the ruling on September 19, U.S. District Court Judge Richard Gergel ruled in favor of The Episcopal Church in South Carolina (now recognized as The Diocese of South Carolina) and The Episcopal Church (TEC) on a trademark infringement and false advertising lawsuit filed in 2013, declaring that the group that disassociated from 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.”

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.”