Holy Spirit Ass'n for Unification of World Christianity v. World Peace & Unification Sanctuary, Inc.
| Docket Number | CIVIL 3:18-CV-01508 |
| Decision Date | 30 March 2022 |
| Parties | HOLY SPIRIT ASSOCIATION FOR THE UNIFICATION OF WORLD CHRISTIANITY, Plaintiff, v. WORLD PEACE AND UNIFICATION SANCTUARY, INC., Defendant. |
| Court | U.S. District Court — Middle District of Pennsylvania |
Before the court are cross-motions for summary judgment. (Docs. 200 201.) Because the court finds that it cannot resolve the merits of the issues presented in either motion, the court will dismiss this case for lack of subject matter jurisdiction on ecclesiastical abstention grounds.
Factual and Procedural Background[1]
Reverend Sun Myung Moon (“Rev. Moon”) founded the Unification Church in Seoul, Korea in 1954. (Doc. 200-1 ¶ 1.) The Unification Church expanded quickly, forming branches throughout the world, including in the United States, and is now a global religious organization. (Id. ¶¶ 3-4.) In 1960, Rev. Moon married Hak Ja Han ("Mrs. Moon"). (Id. ¶ 6.) Hyung Jin Moon, also known as Sean Moon ("Sean Moon"), is one of Rev. and Mrs. Moon's sons. (Id. ¶ 7.)
Plaintiff Holy Spirit Association for the Unification of World Christianity ("HSA") was established as a branch of the Unification Church in the United States in 1961. (Doc. 205, p. 2; Doc. 209-9.)[2] Since 1961, HSA has expanded to 109 chapters with over 16, 000 members in 50 states, including Pennsylvania. (Doc. 200-1, ¶ 11.) According to HSA officials, the Unification Church "does not have (and never had) denominations." (Id. ¶ 5.) However, "HSA oversees and has overseen the establishment of local churches throughout the United States in accordance with its governing documents, including the National Charter that was in place in 2013."[3] (Id. ¶ 12.)
In 1965, Rev. Moon created the Twelve Gates, or Tongil, symbol which appears below. (Doc. 200-1, ¶¶ 20-21; Doc. 201-2, ¶¶ 6-7.)
(Image Omitted)
This image was designed to be “the symbol of [the Unification Church's] activities” and to “be used broadly [for] all witnessing, public relations, service activities, church actives, and our web sites.” (Doc. 200-1, ¶ 23.) Indeed, the Unification Church has used the Twelve Gates symbol for over fifty years “to identify its religious services” and the symbol is used in all aspect of its members' lives. (Doc. 201-2, ¶ 12; Doc. 206, ¶ 9; Doc. 210-1, ¶ 24.)
HSA and its local churches use the Twelve Gates symbol in connection with holidays, ceremonies, major events, and on blessing rings that serve as public displays of marriage through the Unification Church. (Doc. 200-1, ¶ 28.) Many HSA local churches also display flags or signs with the Twelve Gates symbol outside of their buildings. (Doc. 205, ¶ 8; Doc. 206, ¶ 9.) In addition, the Twelve Gates symbol is displayed at the entrance to and throughout HSA's offices and at important HSA locations. (Doc. 205, ¶ 8; Doc. 206, ¶ 9.) While the Twelve Gates symbol is usually red, as pictured above, it has also been displayed in a variety of colors, including on gold jewelry. (Doc. 200-1, ¶ 37.)
On June 30, 2009, HSA registered the Twelve Gates symbol with the United States Patent and Trademark Office (“USPTO”) for “religious prayer services, ” “religious and spiritual services, ” and “ministerial services” (Registration Number - 3, 646, 838; Serial Number - 77, 626, 340). (Id. ¶ 34.) As of October 7, 2019, the Twelve Gates mark was still registered, active, and owned by HSA. (Doc. 211-3.)
According to HSA, limited use of the Twelve Gates symbol is permitted by the Unification Theological Seminary (“UTS”), HSA's seminary, [4] and Gary Fleischer, an HSA member who uses the symbol on his website, which archives Unification Church documents.[5] (Doc. 200-1, ¶¶ 40, 42.)
Around 2001, Rev. Moon created the phrase “Cheonju Pyeonghwa Tongil Guk, ” or in shorthand, “Cheon Il Guk, ” which roughly translates to “Kingdom of God, ” or “One Heavenly Nation” from the Korean language. (Id. ¶ 45.) Like the Twelve Gates symbol, HSA asserts that the phrase “Cheon Il Guk” has been fully integrated into its activities, including the “Cheon Il Guk constitution, the Cheon Il Guk anthem, its Cheon Il Guk leaders, and its Cheon Il Guk calendar years, ” as well as publications, banners, and merchandise. (Id. ¶¶ 46-48 (cleaned up).) The phrase has also been incorporated into another symbol for the Family Federation for World Peace and Unification (“Family Federation”), which appears below.[6](Id. ¶ 49.)
(Image Omitted)
On September 14, 2015, HSA applied to register "Cheon II Guk" as a trademark with the USPTO, but these proceedings have been stayed pending the outcome of the instant litigation. (Id. ¶¶ 51-53.)
Rev. Moon, the founder and creator of Unificationism, passed away in September 2012. (Id. ¶ 57.) Thereafter, Sean Moon disputed Mrs. Moon's authority to lead the Unification Church, and formed Defendant World Peace and Unification Sanctuary, Inc. ("Sanctuary") around 2013 "with the stated mission of spreading Rev. Moon's teachings."[7] (Id. ¶¶ 57-59.) Sanctuary is a separate entity from HSA with its own certificate of incorporation, bylaws, and governance structure, all of which are "unauthorized" under HSA's national charter. (Id. ¶¶ 64, 66.)
As part of its work, Sanctuary promotes two ministries: religious services, which Sanctuary classifies as the practice of Unificationism that promotes the teachings of Rev. Moon, but rejects Mrs. Moon's ability and qualifications to oversee the Unification Church; and “Rod of Iron” ministries, which is intended to “target a broad audience of Christians, who believe in the use of firearms but who may be less interested in or familiar with the theology of Sanctuary church.” (Id. ¶¶ 68, 83.) As part of both ministries, Sanctuary utilizes the Twelve Gates symbol to the same extent as HSA; however, Sanctuary primarily displays the symbol in gold.[8] (Id. ¶¶ 70-72, 75-76, 85, 87; Doc. 201-2, ¶¶ 7-21.) The Twelve Gates symbol appears on Sanctuary's signs and websites, including its YouTube channel on which it broadcasts its services.[9] (Doc. 200-1, ¶¶ 75-77, 80-81.) The Twelve Gates symbol is also incorporated into a new symbol for Sanctuary's “Rod of Iron” ministries, which appears below. (Id. ¶¶ 85-86.)
(Image Omitted)
This symbol is also used on Sanctuary's signs and websites, including its YouTube channel. (Id. ¶ 87.) Thus, Sanctuary has used the Twelve Gates symbol in various iterations since its inception.[10] (Doc. 201-2, ¶¶ 52-53.)
In 2015, HSA submitted a complaint to YouTube requesting that Sanctuary's videos depicting the Twelve Gates symbol be removed as infringing on its trademark. (Id. ¶ 97.) YouTube declined to remove these videos. (Doc. 206-2.) Thereafter, on May 3, 2016, HSA sent Sanctuary a cease and desist letter, requesting that Sanctuary immediately stop utilizing the Twelve Gates symbol in connection with its activities. (Doc. 200-1, ¶ 100.) Sanctuary responded to this letter on May 31, 2016, asserting that "any and all assets of HSA-UWC, including all trademarks and symbols, remain under the authority of [Sean Moon]." (Id. ¶ 101.) On September 22, 2016, HSA responded to Sanctuary's May 31, 2016 letter stating that “[a]t no time while [Sean] Moon was the President of HSA-UWC, or after he resigned from that office on July 10, 2013, did HSA-UWC assign or license the Twelve Gates symbol or any other mark to [Sean] Moon or Sanctuary.” (Id. ¶ 102.) Based on the record, it does not appear that any other efforts were made to curtail Sanctuary's use of the Twelve Gates symbol until the instant lawsuit was filed on July 30, 2018. (Doc. 1.)
On February 28, 2018, Sanctuary held a blessing ceremony involving “Sanctuary's congregants carrying semi-automatic guns as part of the ceremony.”[11](Doc. 200-1, ¶ 106.) The Twelve Gates symbol was prominently displayed during the event. (Id. ¶ 107.) Certain news outlets reporting on this event initially indicated that Sanctuary was associated with the Unification Church, a fact which HSA vehemently disputed, and continues to dispute. (Id. ¶¶ 112-116, 124-125.) HSA has since undertaken efforts to clear up this alleged confusion, including by issuing press releases, letters to news outlets, verbal corrections, and the institution of the instant litigation. (Id. ¶¶ 113-116; Doc. 1.)
This action was initiated via complaint on July 30, 2018. (Doc. 1.) Sanctuary responded with an answer and counterclaims against HSA on September 26, 2018. (Doc. 13.) HSA moved to dismiss Sanctuary's counterclaims, but this motion was denied by United States District Judge Robert D. Mariani on July 22, 2019. (Docs. 81, 82.) By agreement of the parties, the court permitted HSA to file an amended complaint on July 31, 2019, the operative complaint, alleging federal trademark infringement and unfair competition under the Lanham Act (Count I) and common law unfair competition (Count II). (Doc. 93.) On August 7, 2019, Sanctuary filed an answer with affirmative defenses as well three counterclaims pursuant to the Lanham Act for cancellation of a registered trademark (Count I), declaratory judgment of non-infringement and no unfair competition (Count II), declaratory judgment of no dilution (Count III), and one counterclaim for declaratory judgment on non-infringement of “Cheon Il Guk” and that “Cheon Il Guk” is generic and fails to function as a trademark (Count IV). (Doc. 101.) HSA answered Sanctuary's counterclaims on August 27, 2019. (Doc. 106.) On September 26, 2019, the parties stipulated that Sanctuary's third counterclaim regarding dilution would be dismissed. (Doc. 115.) The court accepted this stipulation on September 30, 2019. (Doc. 116.)
On October 7, 2019, the parties filed cross motions for summary judgment as well as a number of miscellaneous motions related to...
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