See George & Co. LLC v. Imagination Entm't Ltd. , 575 F.3d 383, 398 (4th Cir. A 33 certificate issued by the United Supreme Council of the 33rd Degree for Southern and Western Jurisdictions of the United States to Richard Theodore Greener, and dated September 8, 1896. For the Southern and Western Masonic Jurisdiction, U.S.A. and Canada and All of Its Departments and Auxiliaries,Established April 5, 1869, ONLINE REGISTRATION FOR 2023 BOARD MEETING. is when the Supreme Councils of the Southern Jurisdiction (PHA) and the Even if the Court were willing to enforce Plaintiffs' interpretation of Masonic law, Plaintiffs have not demonstrated that they had a reasonable probability of a continuing business relationship with any of the members who left the organization to join Defendants' organization. It is also commonly known as The Supreme Council, 33, Southern Jurisdiction, or by some other varying degree of complete titulage. 256, Ex. Bell 33 rd 1895 See Dkt. Even on the merits, Plaintiffs' unfair competition claim fails. 319 at 3; Fed. Copyright Registration No. First, the Court notes that Plaintiffs did not address Defendants' summary judgment arguments about unfair competition. In their motion, Defendants seek dismissal of the six counts remaining in this case: Count I (common law unfair competition); Count II (conspiracy to commit common law unfair competition); Count V (tortious interference with contract); Count VI (conspiracy to commit tortious interference with contract); Count IX (copyright infringement); and Count X (trademark infringement). In recognition of the pending trial date, the Court issued a short order to this effect on March 9, 2018, with a memorandum opinion to follow. Va. 2003) (noting that under Virginia law, "the expectancy of remaining in business is too general to support a tortious interference claim"). P. 56(a). United Supreme Council, PHA, SJ (@uscphasj) / Twitter 1733 16th St. NW A second Consistory, Occidental Consistory, was organized in 1889 by the USSC. Alexandria, Va., Milton F. Fields 33 rd , of St. Louis, Mo., John A. Thompson 33 rd , Jonathan Davis 33 rd , J. W. Warlett 33 rd , W. H. Riley 33 rd The organization was founded in 1907 by then Lt. Grand Commander and Ill. Deputy of the District of Columbia 319 at 10. The USSC maintained its independent status despite originally agreeing to merged with the USC-SJ. No single factor is dispositive, and the factors are not of equal importance or relevance in every case. Fed. Co. v. Waller , 323 F.2d 20, 24 (4th Cir. United Supreme Council v. United Supreme Council of the - Casetext Plaintiffs also assert that Defendants have waived their argument regarding Plaintiff USC-SJ's legal existence because lack of capacity is an affirmative defense which must be raised with particularity in a party's answer. Handy is listed as a member of the Baltimore (Southern) Supreme Council, Plaintiffs presented no evidence to suggest that members or potential members of Plaintiffs' organization joined Defendants' organization due to confusion as to which organization was which. & A.M , 90 W.Va. 424, 111 S.E. The organizations get copies of our corporation papers and illegally tell their The general rule is that standing is determined from the circumstances at the time the suit is filed. Once the moving party satisfies its initial burden, the opposing party has the burden of showing, by means of affidavits or other verified evidence, that there exists a genuine dispute of material fact. 339. 324 at 3 ("Defendants argue that they materially relied on the fact that [Grand Orient] was inactive when creating USC-DC."). The United Supreme Council - Southern Jurisdiction is proud to announce the opening of the doors of the United Supreme Council to the Sublime Princes of the Royal Secret. Supreme Council for the Southern Jurisdiction. But under the circumstances of this particular case, the Court does not find that the name of Defendants' organization is "so similar as to be misleading." Indeed, Plaintiffs completely fail to address the copyright infringement issue in their Opposition. . Due to that crossing over, it was the ground floor for the It in turn set up the Southern Supreme Council at 319. Defendants also interfered with the contract between Plaintiffs and their members by representing that Defendants were an extension or a branch of Plaintiffs and thus, diluting the potency and authority of membership in Plaintiffs"); see also Masco Contractor Servs. Southern and Western Jurisdiction formally split and 1900 when the Imperial 28. Plaintiffs only cite two sentences in support of this argument: "Defendants have falsely represented that they are the true, genuine, and authentic 33rd Degree Scottish Rite Freemasonry, Prince Hall Affiliated, organization governing Plaintiffs' exclusive territorial Southern Jurisdiction, or a legitimate branch of Plaintiffs" and "[a]s a result of Defendant's unauthorized use of trademarks that are identical to and/or confusingly similar to Plaintiffs' Registered Marks, the public is likely to believe that Defendant's goods or services are approved by or affiliated with Plaintiffs." Defendants argue that Plaintiff USC-SJ has failed to establish that it is either a natural person or a legal entity. See Dkt. Moreover, courts have dismissed evidence of only a small number of instances of actual confusion as de minimis. Commander, was organized by and under the De Bulow authority. Council from 1856 1869 at which time they wanted to administer the Scottish The Court has reviewed the record on this point, and finds Plaintiffs' evidence unpersuasive. App. Baltimore , Md. 44 at 66, 185). and presided over by Ill. Lemuel D. Griffin, 33 rd as its M. P. Sov. Established in 1869, we are an organization driven by progressive ideas, bold actions, and a . See Nationstar Mortgage, LLC v. Ahmad , 155 F.Supp.3d 585, 592 (E.D. Grand Commander, said to have been organized in 1864 African American Freemasonry & Fraternalism, For more information contact Scottish Rite Masonic Museum & Library | Van Gorden-Williams Library & Archives | 33 Marrett Road | Lexington, MA 02421 | 781-457-4109 | library@srmml.org, 2016-2023 Scottish Rite Masonic Museum & LibraryTerms of Use, 33 certificate issued by the United Supreme Council to Richard Theodore Greener, 1896 September 8. 1869 Southern and Western Washington William H. Thomas, 4 in 1856 from the conferring of degrees from King David Supreme Council. The John For these reasons, the Court grants summary judgment in Defendants' favor on Count X. Supreme Council for the Southern Jurisdiction near this Grand East; 1895 Discord, PHA and Southern and Western The Order of the Golden Circle is the womens auxiliary of the United Supreme Council, 33, Ancient & Accepted Scottish Rite of Freemasonry, Prince Hall Affiliation, Southern Jurisdiction, USA, Inc. Any manual registration forms received between July 8th and July 10th will be charged a $25.00 additional late fee. Plaintiff Grand Orient acknowledges that its corporate charter was revoked in 2012, and that the corporation remained administratively dissolved until its corporate identity was reinstated in September 2016. Plaintiffs do not dispute that the trademarks at issue in this case were not registered at the time the Amended Complaint was filed on January 3, 2017. 44 at 69. See 15 U.S.C. See Matsushita Elec. 2005). King Frederick Supreme Council at Philadelphia, Pa., and is known as the United 25 at 256:5-18. See Dkt. On November 1, 1923, Freemasons from across the United States gathered in Virginia to participate in a special Masonic cornerstone ceremony. , 2010 WL 11444098, at *2 ; see also Levy v. Am. 2013). Its mission is to provide effective and suitable leadership for the membership of the Ancient Accepted Scottish Rite, Southern . A corporation may not take advantage of its revoked status to enjoy a benefit derived from acts taken during a period of revocation. 319 at 16. Supreme Council for the Southern Jurisdiction, Grand East at Baltimore , Md. 338. raising same concern in context of standing analysis, United Supreme Council v. United Supreme Council of the Ancient Accepted Scottish Rite for the 33 Degree of Freemasonry. USC History - website-1 Va. Jan. 23, 2012) (noting that even if a statement qualifies as a judicial admission, it is "not necessarily binding," because "considerations of fairness and the policy of encouraging judicial admissions require that trial judges be given broad discretion to relieve parties from the consequences of judicial admissions in appropriate cases"). See Dkt. 2130, 119 L.Ed.2d 351 (1992). Plaintiffs have no standing to bring a claim under 15 U.S.C. But Plaintiffs have offered the depositions of individuals who are not members of the consuming public, as well as allegations of confusion by non-consumers such as a Wells Fargo Bank employee. United Supreme Council - Southern Jurisdiction - PHA Scarves 71. See Select Auto Imports Inc. v. Yates Select Auto Sales, LLC , 195 F.Supp.3d 818, 831 (E.D. The organization was founded in 1907 by then Lt. Grand Commander and Ill. Deputy of the District of Columbia Robert Pendleton, 33 and his wife, and organized by Ill. Andrew Laster, 33, as the official auxiliary of the United Supreme Council, 33, Ancient & Accepted Scottish Rite of Freemasonry, Prince Hall Affiliation, Southern Jurisdiction, USA, Inc. Our goal and our motto has always been "Peace and Unity". E., Inc. v. Beals , 279 F.Supp.2d 699, 710 (E.D. 1940). 2004). The Court will first address Plaintiffs' standing, and will then consider the merits of Plaintiffs' claims of tortious interference with contract, copyright infringement, trademark infringement, unfair competition, and conspiracy. (USC-NJ) and the United Supreme Council, Southern Jurisdiction (USC-SJ) in 1881, it did not move forward as planned due to a lawsuit introduced by John G. Jones and Edward H. Morris on behalf of Prince Hall Consistory. at 940 n.10. Dkt. 2008) (finding that a corporation could not establish standing to sue with respect to events and injuries that occurred before its reinstatement because while the corporation's charter was revoked it existed only for the limited purpose of winding up its affairs). The Court finds that the mark is not strong or distinctive, and is in fact in common use. two Supreme Councils of the thirty-third degree are the only true, lawful and & A.M. of West Virginia v. Most Worshipful Prince Hall Grand Lodge of West Virginia, A.F. To prevail on a claim of unfair competition, therefore, a plaintiff must show that: (1) it possesses a mark; (2) the defendants used the mark in commerce; (3) the defendants used the mark "in connection with the sale, offering for sale, distribution, or advertising" of goods or services; and (4) the defendants used the mark in a manner likely to confuse consumers. S. Chase of the United States Supreme Council was elected Chairman and Samuel , Email: 5. Henderson 33 rd and George W. Hopewell 33 rd of 2004). Thus, prompting fraters to maintain fealty to Prince Hall Consistory, shift to the legitimate Occidental Consistory (organized in 1889) or secure fealty with the USC-SJ through other means. One do hereby make it known unto you that there are only two regular and legal House of the Temple Historic Preservation Foundation, Inc. Scottish Rite Foundation, Southern Jurisdiction, U.S.A., Inc. Special Tour Schedule for Masonic Week and COGMNA Attendees, The 100th Anniversary of the George Washington Masonic National Memorial Cornerstone Laying and the Scottish Rite, Statement of Unity Signing Brightens a September Day, Privacy & Use Policies for EU & EEA Residents (GDPR). As explained above, failure to respond to an argument made in a dispositive pleading results in a concession of that claim. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division. You have Member Dues that are outstanding. However, Jones was eventually expelled from the USC-SJ due to actions resulting from his failure to achieve the Office of Sovereign Grand Commander in 1895. On College of Freemasonry - aasrphasj.org first M. P. Sovereign Grand Commander. UNITED SUPREME COUNCIL, PRINCE HALL AFFILIATION, SOUTHERN JURISDICTION Grand Inspector General (GIG) ____ OR Sublime Prince (SP) ____ OR Loyal Lady ____ I, , request reinstatement in the United Supreme Council, Prince Hall Affiliation, Southern Jurisdiction. Plaintiffs do not directly address this assertion, but claim that the rituals "belong to the four Supreme Councils through an agreement." 1. 5 The trademark for Application No. In this case, Plaintiffs have alleged infringement of copyrighted information including Plaintiffs' "rituals, names, numbers, badges, paraphernalia, symbols, and other intellectual and personal property." AUGUST 3, 2023 - AUGUST 6, 2023. Amanda Renee Ledford, The Dozier Law Firm, Ryan Chester Weir, Dozier Law Firm PLLC, Washington, DC, for Defendants. Failure to respond to an argument made in a dispositive pleading results in a concession of that claim. Va. 2016). H. Thomas Southern and Western 1869 - 1875, ThorntonA. See Grand Lodge of Improved, Benevolent and Protective Order of Elks of the World v. Grand Lodge, Improved, Benevolent and Protective Order of Elks of the World, Inc. , 50 F.2d 860, 862 (4th Cir. at 864. It provides newer, and more 2001). History of the Rite - Scottish Rite of Freemasonry, S.J., U.S.A. Handy represented the suited for competent leadership and tutorship. Id. See U-Haul Int'l, Inc. v. WhenU.com, Inc. , 279 F.Supp.2d 723, 729 (E.D. Constitutions of 1786, regularly organized and opened a Supreme Council of the Scottish Rite Freemasonry today can be found throughout the world. Web site designed and maintained by Walker Solutions Inc. Bouchat v. Baltimore Ravens, Inc. , 241 F.3d 350, 353 (4th Cir. Pulis 33 rd , and Richard H. Gleaves 33 rd See Dkt. Jan. 8, 2016) (finding that questions regarding a plaintiff's legal existence raise "the fundamental standing question of whether the Court can redress any of Plaintiff's alleged injuries if Plaintiff no longer legally exists"); Northpoint Tech., Ltd. v. Directv, Inc. , No. for the Southern and Western Masonic Jurisdiction of the U.S.A. and Canada as Several of is members consolidated with Excelsior Consistory to organize Occidental Consistory #2. See Dkt. Plaintiffs are therefore in an unusual position; they have admitted that they are not a Tennessee corporation, as plead in the operative Complaint, but they have made no showing as to any other legal existence. Meyers v. Baltimore Cty. See Dkt. 2002), aff'd , 91 F. App'x 880 (4th Cir. , Ex. M. P. Sov. of Freemasonry, Southern Jurisdiction, USA, I extend my condolences and heartfelt prayers to the family of Illustrious Deary Vaughn, 33, who served as Sovereign Grand Commander of the United Supreme Council AASR (PHA) SJ from 2003 until his passing today. No manual registration forms will be processed after July 10th. The The particular circumstances giving rise to this case explain why Defendants would desire to do so: a conflict arose within Plaintiffs' organization after it came to light that an officer, Mr. Vaughn, was allegedly misappropriating funds. There are several Consistory in our Supreme Council). Va. Nov. 29, 2005). 182; Dkt. 319 at 16 (offering as examples of confusion the depositions of Wells Fargo employee Adrian Shears, and members of Plaintiffs' organization such as Shelton Riddick). Hayden as Commander-In-Chief, Sovereign Grand Inspector General James E. White elected Grand Minister of Statefrom 1931-43. Supreme Councils of the thirty-third and last degree of the A. It continues to exist today as the Supreme Council, 33, Southern Jurisdiction, and its see remains in Charleston, although its residence was moved to Washington, D.C., about 1870, and it now sits at the House of the Temple. . split. Defendants challenge the standing of both named Plaintiffs in this case: (1) the United Supreme Council, 33 Degree of the Ancient and Accepted Scottish Rite of Freemasonry, Prince Hall Affiliation, Southern Jurisdiction of the United States of America ("Plaintiff USC-SJ"); and (2) the United Supreme Council 33 of the Ancient and Accepted . Here, Plaintiffs attempt to characterize Count I of the Amended Complaint, which alleges unfair competition under Virginia common law, as a Section 43 Lanham Act claim.
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