Christian Science Bd. of Directors of First Church of Christ, Scientist v. Evans

• Citation: 467 A.2d 268,191 N.J.Super. 411
• Parties: The CHRISTIAN SCIENCE BOARD OF DIRECTORS OF the FIRST CHURCH OF CHRIST, SCIENTIST, in Boston, Massachusetts, and The Board of Trustees of the Christian Science Publishing Society, Plaintiffs, v. Doris W. EVANS, Stephen T. Evans, Roy Dobbelaar, A. William Frey, Joanne Jannuzzi, Ruth Pfeifer and Mary Beth Singleterry, as members of The Board of Trustees of the First Church of Christ, Scientist, Plainfield, New Jersey and The First Church of Christ, Scientist, Plainfield, New Jersey, also known as The Independent Christian Science Church, Plainfield, New Jersey, Defendants.
• Decision Date: 17 June 1983
• Court: Superior Court of New Jersey

Page 411

191 N.J.Super. 411

467 A.2d 268

The CHRISTIAN SCIENCE BOARD OF DIRECTORS OF the FIRST CHURCH OF CHRIST, SCIENTIST, in Boston, Massachusetts and The Board of Trustees of the Christian Science Publishing Society, Plaintiffs, v. Doris W. EVANS, Stephen T. Evans, Roy Dobbelaar, A. William Frey, Joanne Jannuzzi, Ruth Pfeifer and Mary Beth Singleterry, as members of The Board of Trustees of the First Church of Christ, Scientist, Plainfield, New Jersey and The First Church of Christ, Scientist, Plainfield, New Jersey, also known as The Independent Christian Science Church, Plainfield, New Jersey, Defendants.

Superior Court of New Jersey, Chancery Division Union County.

June 17, 1983.

John L. McGoldrick, Newark, for plaintiffs (McCarter & English, attys.; John L. McGoldrick, Newark, of counsel and on the brief; Roslyn S. Harrison, Newark, on the brief; Louis Kunin and Ronald S. Kadden, New York City, members of the New York bar, on the brief).

James J. Shrager, Newark, for defendants (Hannoch, Weisman, Stern, Besser, Berkowitz & Kinney, attys.; James J. Shrager, Newark, of counsel and on the brief; Susan R. Kaplan, Bronna G. Levin, and Fran R. Robins-Liben, Newark, on the brief).

KENTZ, J.S.C.

This action was instituted by plaintiffs to enjoin the continued use of "Christian Science" or "Church of Christ, Scientist" by defendants in reference to their church and bookstore. The relief sought is predicated on alleged violations of trademark infringement and unfair competition. A brief overview of the parties involved as well as the historical background is appropriate at the outset.

Plaintiff Christian Science Board of Directors (board) is a Massachusetts corporation organized to conduct the business of The First Church of Christ, Scientist in Boston, Massachusetts (mother church) which is considered the spiritual and administrative center of the worldwide organization commonly known as the Christian Science Church. Plaintiff Board of Trustees of The Christian Science Publishing Society (publishing society) is a trusteeship pursuant to a deed of trust given in 1898 by Mary Baker Eddy (Eddy), the founder of the Christian Science Church. This group is the publishing segment of the mother church, subject to the authority and direction of the board. Defendant The Independent Christian Science Church of Plainfield, New Jersey (Plainfield church) is a religious corporation of the State of New Jersey conducting its activities in Plainfield. The individual defendants Doris W. Evans, Stephen T. Evans, Roy Dobbelaar, Ruth Pfeifer, Joanne Jannuzzi ¹ and Mary Beth Singleterry are all members of the board of trustees of the Plainfield church, the governing body for defendant church.

Christian Science refers to a religion founded and developed by Eddy in the late 19th century as a result of her discovery of a mental or spiritual means of healing ailments and illnesses. Initially, she entered into an association with several other people who sought to learn the practical healing techniques associated with her beliefs. Eddy published a book in 1875 entitled Science and Health With Key to the Scriptures which has evolved into the denominational textbook.

As time went on, it became clear to Eddy that a more structured organization should be established to preserve her teachings and to maintain the integrity of her beliefs. The more formal church was then organized in the late 1870's by Eddy and subsequently reorganized into what is now known as the mother church. She also established subsidiary organizations to aid in promoting and strengthening her religious system, including the publishing society, Christian Science Reading Rooms, Christian Science Board of Lectureship, Christian Science Committee on Publications and the Massachusetts Metaphysical College which was later assumed by the Christian Science Board of Education of the mother church.

Eddy also compiled the Church Manual which delineates the structure and organization of both the church and the board of directors. It also provides guidelines for matters of religious practice and morality. All activities of each member church or society are dictated by the Church Manual, creating what has been termed as a melding or fusion between the teachings, organizations, structure and practice of the Christian Science denomination.

The Christian Science Church, as opposed to other religions, has a centralized publishing segment emanating from the mother church which provides literature for use by the member churches and societies. These materials are distributed to the Christian Science Reading Rooms operated and maintained by local branches across the United States.

Within the Christian Science denomination groups, which hold regular services for worship, utilizing a standard liturgy, are described as either a branch church or a society. The number of members determines whether a group is to be designated as a branch church or a society. There are approximately 1,600 branch churches and 450 societies in the United States. In New Jersey there are 47 churches out of a total of 51 branches. Following the provisions of the Church Manual, the formal name of the mother church is The First Church of Christ, Scientist while branch churches have the formal designation of First Church of Christ, Scientist. Subsequent branch churches in the same city are entitled Second, Third, etc. Church of Christ, Scientist. However, it appears that the more commonly known name of Christian Science Church has been used by church leaders, church members and the public over the years to refer to the branches and societies as well as to the mother church. Moreover, the designation Christian Science Church has been extensively used in plaintiffs' publications in reference to the mother church and its branches.

The operative facts are undisputed. On June 6, 1977 plaintiffs notified defendants that their recognition as a branch church was withdrawn and that defendant church no longer had any legal right to publicly identify itself as a Church of Christ, Scientist, a Christian Science Church or to use "Christian Science" in connection with its religious activities. This disaffiliation apparently arose as a result in part of a religious doctrinal dispute concerning which party's course of conduct comported more closely with the teachings of Eddy.

Subsequent to the actions by plaintiffs in dissolving defendants' relationship with the mother church, defendants officially adopted a new method of identifying their church and reading room, using the name, Independent Christian Science Church of Plainfield, New Jersey. The Plainfield church also terminated its status as a religious corporation, which had been obtained pursuant to N.J.S.A. 16:3-1 et seq. on or about December 23, 1923, and reincorporated as a general religious corporation under N.J.S.A. 16:1-1 et seq. ² The corporate name was then changed to Independent Christian Science Church of Plainfield, New Jersey.

As stated earlier, this suit was instituted by plaintiffs to enjoin defendants from using "Christian Science" or "Church of Christ, Scientist" in relation to their church and reading room in Plainfield, New Jersey and any acts likely to cause confusion, mistake or deception as to defendants' relationship with plaintiffs. Essentially the mother church is striving to have the Plainfield church identified in a manner which would clearly indicate to the public that there is no connection between the two religious organizations.

The basic question here is whether the disaffiliated defendants have the right to use "Church of Christ, Scientist" or "Christian Science" to identify their religious organization which is no longer affiliated with the mother church. Plaintiffs argue that this matter simply involves a trademark infringement as to the words "Christian Science" and that another organization cannot use a similar name if it could result in a likelihood of confusion.

Plaintiffs assert initially that the protection of a trademark does not necessarily depend on federal registration but that such protection may be based on rights obtained through the appropriation and use of a mark. Weiner King, Inc. v. Weiner King Corp., 407 F.Supp. 1274, 1280 (D.N.J.1976), rev'd and remanded on other grounds 546 F.2d 241 (1976). It is argued that such protection is afforded since the name or mark in question identifies an owner or signifies an origin, connection or affiliation with an owner. Restatement, Torts 2d, § 715; 1 Nims, Unfair Competition and Trademarks (4 ed. 1947) at 514-516. Such affiliative significance affords a party a protectible interest to prevent public confusion or deception.

Plaintiffs' contention is that the designation "Christian Science" when used by the mother church or its branches is a valid and protectible mark since such use clearly designates an affiliation with the Church of Christ, Scientist. Moreover, since such use was extensively continuous and substantially exclusive, plaintiffs maintain that affiliative significance exists, thus creating a presumption of validity. As such, it is urged that this court should grant protective relief. Jandron v. Zuendel, 139 F.Supp. 887, 889 (N.D.Ohio 1955); Nat'l. Spiritual Assembly v. Nat'l. Assembly, 150 U.S.P.Q. 346, 354-355 (N.D.Ill.1966). Additionally, plaintiffs point out that the mother church owns a registered service mark for the words "Christian Science" in connection with their library services and that such ownership provides additional grounds for a ruling that the mother church has valid and protectible rights in the use of that phrase. Maternally Yours, Inc. v. Your Maternity Shop, Inc., 234 F.2d 538, 542 (2 Cir.1956).

It is further argued that an infringement of a federal service mark, whether such mark be registered or based upon common law, is found upon a showing that a likelihood of confusion exists. Caesar's World, Inc. v. Caesar's Palace, 490...