The Church (denomination) has the legal right to control the useadge of symbols that the public associates with this denomination, and which the denomination has properly registered, within the limits of the applicable law.
The Chruch (denomination) has the ethical right to defend such symbols from useage that decieves the public. I.E. It can prevent a local congregation which is not associated with this denomination from advertising itself as a Seventh-day Adventist chruch.
So, it should be "cut and dried?"
Well it is not:
The Seventh-day Adventist Reform movement has existed for so many years that it is unlikely that anyone could stop it from using "Seventh-day Adventist" even though that word is now trademarked, and/or copyrighted.
A Federal judge has ruled that Kinship may use terms curently trademarked and/or copyrighted by our denomination. The denomination agreed not to appeal that ruling. Could it be possible that the judge's basis for so ruling could later become precedence for other's to use? [Yes, I know enough about the law to know the current limits of that precedence.]
Under the law, trademarks, and copyrights, must be promptly defended as failure to do so may cause judges to rule that they have entered public domain, and may be otherwise used. "Cola" is only one example, of many, of such happening.
Question: Could the Advent Christian Chruch be prevented from advertising that it is Adventist? It has existed for about as many years as has the SDA denomination.
Question: Will Milton, who is the pre-emenient authority on North American religions be prevented from publishing a section in his books that labels a large group of denominations as Adventist?
There are some who believe that such has already happened to the term "Adventist." However, it would probably take more money to fund the legal expenses to mount a challenge, and to engage in the historians to trace the useage of that word than most people would be able to raise. So, it is not likely that such a ruling will be obtained.
In order to protect it trademarked, and copyrighted, symbols, the denomination is going to have to vigorously enforce their rights. A failure to do so could ultimately result in the total loss of those rights.
O.K. Tom, I assume you will respond to me. Yes, I am doing so speculation, and I am not trained in law.
