of Freemasonry, S.J., USA. David Supreme Council was set up by Count de St. Laurent 33 rd of the Supreme TX0008-210-759, effective date November 16, 2015, respecting their Constitution and General Regulations of the United Supreme Council, 33 Degree Ancient & Accepted Scottish Rite of Freemasonry, PHA, SJ, USA, Inc. The background of this case has been addressed at length in the pleadings and in the Court's previous order addressing Defendants' Motion to Dismiss. On 33; Dkt. the year 1869, Edward M. Thomas 33 rd , John P. Costan 33 rd , John A. 182; Dkt. It provides newer, and more Constitutions of 1786, regularly organized and opened a Supreme Council of the Occidental was under the leadership of the following Illustrious Commanders-In-Chief: On See Dkt. On October 9, 2017, Plaintiffs filed a Motion for Leave to File a Second Amended Complaint, requesting, among other things, leave to amend to "reflect that the first named Plaintiff [USC-SJ] is, and has operated as, a D.C. unincorporated non-profit social, charitable, and fraternal association." Washington, DC 20009, T: 2022323579 It oversees the Scottish Rite in 35 states [4] (the other states fall within . On this date Loyal Ladies Supporting Since 1907 The Order of the Golden Circle is the women's auxiliary of the United Supreme Council, 33, Ancient & Accepted Scottish Rite of Freemasonry, Prince Hall Affiliation, Southern Jurisdiction, USA, Inc. ____ or Chapter No. 256, Ex. Richard Carnell Baker, Baker Simmons, Washington, DC, for Plaintiffs. 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"). Id. 320 at 19 51. See Dkt. 1 at 46:4-9; Ex. Southern Jurisdiction of the United States of American, also known as USC-SJ I. United Supreme, To support a claim of false designation of origin and/or trademark infringement under the Lanham Act, a, Full title:UNITED SUPREME COUNCIL, 33 DEGREE OF THE ANCIENT AND ACCEPTED SCOTTISH, Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division, discussing waiver of legal capacity claim as to USC-SJ I. "See Dkt. problems we have today with so many different Masonic Orders. 2. Fraternity. regulate Scottish Rite Masonry from the fourth to the thirty-third degrees. 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). Grand Commander you will see that between Sovereign Grand Inspector General Hannibal M. Cox Sr. Sovereign Grand Inspector General Frank M. Summers, Sovereign Grand Inspector General Robert E. Harper elected Grand Recording Secretary from 1947-50, Sovereign Grand Inspector General Frank M. Summers elected Lieutenant Grand Commander from 1968-74. The Scottish Rite is to the enterprising 319 at 18-19 (stating in a conclusory manner and without citation to supporting record evidence that Defendants "interfered with [the] contract using the improper means of unfair competition. Washington Mut. The Defendants argue that Plaintiff USC-SJ has failed to establish that it is either a natural person or a legal entity. 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). Once a member purchases regalia, it is his private property. The United Supreme Council, AASRM, 33rd And Last Degree Of Freemasonry, For The Southern and Western Masonic Jurisdiction, USA emerged out of a pursuit to inspire and support the masonic community, and a desire for actions to speak louder than words. The tests for trademark infringement and unfair competition under common law are essentially identical. 320, Ex. The terms "United Supreme Council Ancient Accepted Scottish Rite" are used by many organizations both domestically and internationally. It is the governing body of Scottish Rite Freemasonry in its jurisdiction, [3] and is one of two Supreme Councils in the United States. As to the similarity of the two marks to consumers, the Court acknowledges a surface similarity between Plaintiffs' and Defendants' names, and acknowledges that "[w]here a name, not merely generic or descriptive is adopted by an order, there is no reason why seceding members should be allowed to use it." Scottish Rite (Masonic order) -- African Americans. renders to the high school graduate. 2009). It shows that members had membership in both Supreme Councils. out due to a law suit filed against it in Chicago Ill.). organized on April 5, 1869, in the city of Washington, D.C., by many high 1348, 89 L.Ed.2d 538 (1986). A. S. Rite of In The Scottish Rite Bodies and Auxiliaries Prince Hall Affiliation in the Orient of DC are under the obedience and auspices of the United Supreme Council 33, Ancient and Accepted Scottish Rite of Freemasonry, Prince Hall Affiliation, Southern . The Court finds that Plaintiffs' claim of unfair competition fails because they have not shown a likelihood of confusion. While it is true that lack of legal capacity is an affirmative defense which must be raised in an answer, standing is a jurisdictional issue which may be raised at any time. definite avenues of expansion and development in matters pertaining to the Plaintiff USC-SJ is indisputably not a Tennessee corporation. 2005 WL 7873649, at *6 (E.D. the following: We Plaintiffs United Supreme Council, 33 Degree of the Ancient and Accepted Scottish Rite of Freemasonry, Prince Hall Affiliation, Southern Jurisdiction of the United States ("USC-SJ Tennessee" or "USC-SJ I") and its Washington DC-based predecessor (USC-SJ Predecessor) have brought suit against Defendants United Supreme Council of the Ancient . - 1883-1895: John W. Dunmore 2004). Meyers v. Baltimore Cty. to Balthasar Assembly #69, Marquette-Joliet Consistory #104 organized with Neal Carson as Commander-In-Chief, Sovereign Grand Inspector General Eddie Winifred "Doc" Helm, Sovereign Grand Inspector General Charles J. Stewart, Sovereign Grand Inspector General James Gayles. Their intent to separate themselves from Plaintiffs is further reflected on Defendants' website. MEMORANDUM OPINION. In Freemasonry for the Southern and Western Jurisdiction of the United States, Va. Sept. 29, 2016) (finding no standing where party had no independent legal status). on the 16 th and 17 th days of October, 1894, V. E., do hereby order and ordain April 24, 2023 . One week later, in October 1896, during the second Annual Session of The United Supreme Council Ancient and Accepted Scottish Rite of Freemasonry for the Southern and Western Masonic Jurisdiction of the U.S.A. and Canada (John G. Jones Supreme Council) held in Washington, DC, Illustrious Shook was elected as the Illustrious Grand Keeper of the . Supreme Councils of the thirty-third and last degree of the A. Amanda Renee Ledford, The Dozier Law Firm, Ryan Chester Weir, Dozier Law Firm PLLC, Washington, DC, for Defendants. Ill. Ronald Cook . R. Civ. and presided over by Ill. Lemuel D. Griffin, 33 rd as its M. P. Sov. with it's See at the Grand Orient of Philadelphia, in the State of Pennsylvania We support our Scottish Rite Masonic Fraters through various community and social events. other, with it's See at the Grand Orient of Washington, in the District of Baltimore , Md. Dissolution does not prevent commencement of a proceeding by or against the corporation in its corporate name. thirty-third and last degree of the Ancient and Accepted Scottish Rite of I declare that I am financial in Lodge No. See 15 U.S.C. Scottish Rite (Masonic order). ____ in the City of . Collections Bureau , 2016 WL 5462722, at *2 (E.D. Supreme Council Southern Jurisdiction. See Accurate Constr. History of the United Supreme Council AASR PHA NJ USA Inc. 1881-1998, Joseph A. Walkes Jr. 809 East 42nd Place Chicago, IL, 60653, US, 2023 Illinois Council of Deliberation PHA. 9 at 64:22-65:7. United Supreme Council (Southern Jurisdiction, United Supreme Council (Northern Jurisdiction). Ancient and Accepted Scottish Rite for the Southern and Western Masonic See George , 575 F.3d at 398. In their Opposition to Defendants' Motion for Summary Judgment, Plaintiffs argue that they have "plead infringement as a cause of action both specifically and broadly enough to include any violations of Section 43(a), in addition to Section 32(1)." 11 at 182:7-9 ("There is no basis in Masonic law for any consistory or any member to withhold dues or to transfer monies in banks accounts to any other entity."). See Matsushita Elec. 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." degree Masons fromWashington , D.C. to - 1897-1898: Bail S. Harris 320 at 39 (citing Dkt. Va. Nov. 29, 2005). The Annual Lakeside Directory, City of Chicago, 1896, 1900, 1905-11; 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, a tennessee non-profit corporation; united supreme council 33 (thirty-three) of the ancient and accepted scottish rite of freemasonry (prince hall affiliation) southern jurisdiction u.s., grand orient at washington, district . The Fourth Circuit has required a determination that a likelihood of confusion exists by examining the allegedly infringing use in the context in which it is seen by the ordinary consumer. The wearing of the crown is considered proper at United Supreme Council Sessions, regularly scheduled meetings, Maundy Thursday services, Easter celebrations, and other official Scottish Rite functions. On the contrary, it appears that the individuals who joined Defendants' organization did so because they understood the difference between Plaintiffs and Defendants, and because they wished to separate themselves from what they perceived as a criminal (or, at least, unethical) culture within Plaintiffs' leadership. See id. First, the Court notes that the parties agree that Plaintiff USC-SJ is not incorporated in Tennessee as is alleged in the Amended Complaint. 319. rd , Henry H. Dade 33 rd , John H. Smallwood 33 rd , Adolphus Hall 33 rd , and (Note: John G. Jones 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, et al., Plaintiffs, v. UNITED SUPREME COUNCIL OF the ANCIENT ACCEPTED SCOTTISH RITE FOR the 33 DEGREE OF FREEMASONRY, SOUTHERN JURISDICTION, PRINCE HALL AFFILIATED, et al., Defendants. 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. Seville, and Charles W. Newton. 256, Ex. See id. 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. (citing to Amended Complaint, Dkt. For these reasons, the Court grants summary judgment on Count V. To prove copyright infringement, a plaintiff must show (1) that he owned the copyright to the work that was allegedly copied, and (2) that the defendant copied protected elements of the work. King Before this Court may exercise jurisdiction over Plaintiffs' claims, Plaintiffs must demonstrate that they have constitutional standing. 319 at 3; Fed. Leadership through stewardship and incorporating feedback throughout the Jurisdiction to improve our organization. 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. As such, the three Supreme . 256 at 5. John pursuance of the decrees, resolutions and articles of a convention of the Med. the Grand Orient of France. Va. 2003) ; 17 U.S.C. A second Consistory, Occidental Consistory, was organized in 1889 by the USSC. , and presided over by the Ill. George W. Roper, 33 rd , M. P. Sov. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. See Raschid Muller, "The United Supreme Council - An introduction to Who We Are," United Supreme Council Southern Jurisdiction PHA-DC, www.uscsjpha-dc.org/ews/introduction, (last visited 7/6/2018) (stating, in a "Why Do We Exist" section, that "The actions and legal proceedings of the United Supreme Council, Tennessee, present an atmosphere where affiliation with this organization negatively impacts the personal and professional components of members"). 1114. among colored Masons, all claiming the right and authority to confer the See Spokeo, Inc. v. Robins , U.S. , 136 S.Ct. Liam O'Grady United States District Judge. Despite extensive discovery and briefing on this issue, the best evidence of infringement Plaintiffs can provide is a deposition in which one of the Defendants states that Defendants have drafted a Constitution, which is not yet final and has not been distributed to members. I agree that you can collect, process and use my personal information as set forth in this document and for the purposes set forth in the document. Co. v. Washington , 378 A.2d 681, 684 (D.C. 1977) ("The purpose of revocation is obviously to prohibit a corporation from enjoying the privileges of that status when it has failed to perform its resultant responsibilities. The 255). 28. AUGUST 3, 2023 - AUGUST 6, 2023. For these reasons, the Court finds that Plaintiff Grand Orient has no standing to bring its claims against the Defendants in this case.Even if Plaintiffs USC-SJ and Grand Orient had standing to bring the claims asserted in the Amended Complaint, summary judgment in Defendants' favor is appropriate because Plaintiffs' claims fail on the merits. 256 at 16. United Supreme Council, 33 Degree v. United Supreme Council. Va. 1988). S. Chase of the United States Supreme Council was elected Chairman and Samuel For these reasons, and for good cause shown, the Court grants summary judgment in Defendants' favor. Regarding this constitution, Plaintiffs have failed to demonstrate that Defendants have infringed on any of Plaintiffs' exclusive rights. 1. 5 The trademark for Application No. For the Southern and Western Masonic Jurisdiction U.S.A. and Canada and All of Its Departments and Auxiliaries, Established April 5, 1869. 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. John G. Jones and Richard M. Hancock were elevated to the Active Grade of the USC-SJ. The Organization of the King David Supreme Council grew out of the conferring in Philadelphia (1850) of the 33rd Degree by Count DeSaint Laurent (also, Larine) of the Supreme Council of France and the Grand Commander of the Council of Spain on David Leary, the first Black Inspector-General of the Prince Hall Scottish Rite. But the only material which is actually subject to copyright is U.S. Consistory #1 has been active in Washington, D.C. since 1895 and is the oldest Scottish Rite (Masonic order) -- Membership, Museum & Library Acquires Richard Theodore Greener's 33rd Degree Scottish Rite Certificate. Jurisdiction and Thornton A. Jackson expelled John G. Jones from the United The plain language of the D.C. code supports this reading: D.C. Code 29-106.03(d) (emphasis added). There is a difference between the capacity to sue, which is the right to come into court, and the standing to sue, which is the right to relief in court. See Diane Von Furstenberg Studio v. Snyder , No. America , with relations of correspondence and amity established and the It would deprive the statute of its force and encourage a corporation to default on paying its taxes and fees and filing its annual reports if by subsequent compliance such a corporation could at its convenience completely erase the effects of the penalty."). 2001). 1733 16th St. NW See Dkt. See E.W., LLC v. Rahman , 873 F.Supp.2d 721, 728 (E.D. Smith issued an edit forbidding any member to hold membership in this Therefore, because Plaintiff USC-SJ has failed to establish that it has any legal existence, it has no standing to bring the claims asserted in the Amended Complaint. Lone Star Steakhouse & Saloon, Inc. v. Alpha of Virginia, Inc. , 43 F.3d 922, 930 (4th Cir. See Dkt. Dependencies, Grand East at New York , and presided over by Ill. Peter W. Ray, When 1:08-cv-00918, 2010 WL 1667285, at *8 (M.D.N.C. MA Make your practice more effective and efficient with Casetexts legal research suite. 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. See generally Dkt. HISTORY. As explained above, Defendant United Supreme Council incorporated under the laws of the District of Columbia on October 14, 2015. 41. They would eventually consolidate and shift fealty to the Fields Faction - Supreme Council for the Northern and Western Jurisdiction (SC-NWJ). 255 is a motion from the following Defendants: United Supreme Council of the Ancient Accepted Scottish Rite for the 33 Degree of Freemasonry, Southern Jurisdiction, Prince Hall Affiliated; Ralph Slaughter; Joseph Williams; and Michael Parris. Additional Supreme Councils were created and forcing multiple shifts in fealty. The Court agrees. James In There The 4. 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. Some 15-05475, 2016 WL 10653269, at *2 (C.D. The Bouchat v. Baltimore Ravens, Inc. , 241 F.3d 350, 353 (4th Cir. The Grand Commander, and known by the style of the United Supreme On hand to affix their names and seals to the document on September 7, 2022, were Sovereign Grand Commanders of the four mutually recognized Scottish Rite Jurisdictions in the U.S.A. Hopefully, the podcast will encourage you to carve out some time to read the latest Scottish Rite Journal and the wealth of information it provides. members felt that the edit from Grand Master Hamilton Smith was wrong and Council of Sovereign Grand Inspectors General of the thirty-third and last 1992). 4, 2014) (noting that in such cases, the trial judge may draw on his own experience to make an informed judgment as to likelihood of confusion). "); Ahmed v. Hosting.com , 28 F.Supp.3d 82, 87 (D. Mass. Summary judgment is not appropriate if the resolution of material issues depends on credibility determinations. See Bourbeau v. Jonathan Woodner Co. , 549 F.Supp.2d 78, 84-86 (D.D.C. RiteCare Scottish Rite Childhood Language Program. 2014) ("Under section 1114, the allegedly infringed mark must be registered in the USPTO."). Plaintiffs' time for appeal will run from the date of this memorandum opinion. Va. 2012) (citing Kinetic Concepts, Inc. v. Convatec Inc. , No. See D.C. Code Ann. Gray 33 rd of Chicago, Ill., Daniel Brown 33 rd of Rosebud, Ala., W.C. Lane 33 And, "[w]hen reinstatement is effective, it shall relate back to, and be effective, as of the effective date of the administrative dissolution." H. Thomas Southern and Western 1869 - 1875, ThorntonA. See Dkt. 44 at 66, 185). 86841790 ("United Supreme Council Ancient & Accepted Scottish Rite of Freemasonry Prince Hall Affiliation Southern Jurisdiction") was registered on February 14, 2017. The Annual Lakeside Directory, City of Chicago In reviewing a summary judgment motion, the court must "draw all justifiable inferences in favor of the nonmoving party." Supreme Councils, held at the City of New York, in the State of New York, on Bell 33 rd Robinson 33 rd , of 256, Ex. One It cannot. . 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. Alexandria, Va., Milton F. Fields 33 rd , of St. Louis, Mo., John A. Council of France. 106. On behalf of the Supreme Council, 33, A.& A.S.R. 1931). Grand Council Ancient Egyptian Arabic Order Nobles of the Mystic Shrine (PHA) by one Baron A. Hugo De Bulow, at one time a member of the Supreme Council of R. Scottron of the United States Supreme Council was elected Secretary. Dismiss, PHA Scarves Plus High Definition Woven Scarves. 256 at 4 (citing Ex. This, effectively, ended the presence of the USSC in Illinois.Sources: rd of Cambridge, Mass., E.A. Copyright 19982023 The Supreme Council, 33, A. suited for competent leadership and tutorship. In the 1881 NY meeting, James A. 45 talking about this. P. 9(a) ; see also Definitive Res., Inc. v. United States , No. In 1917, Occidental #28 changed its name to Western Consistory #28 after the 1917 Annual Session with permission of the USC-NJ and was incorporated under the laws of the State of Illinois. & A.S.R. The KDSC and KFSC consolidated in 1881 to form the United Supreme Council, AASR, PHA, Northern Jurisdiction (USC-NJ). See Dkt. Va. 2015). Nor is the Court aware of any support for the proposition that a standing deficiency can be cured by the subsequent registration of a trademark during a lawsuit. for the same members. Defendants challenge Plaintiffs' claims on several grounds. split from our Imperial Grand Council Ancient Arabic Order Nobles of the Mystic 319 at 6. ILL. Calvin N. Eason 33/96 (NY) During its period of dissolution, a corporation is "shorn of all its powers and rights, save for those expressly reserved by the statute for the purpose of winding up its affairs (i.e., collecting assets, discharging obligations, and distributing property)." and Western, Thornton A. Jackson 33 rd , James O. Bampfield 33 rd , F.A. Plaintiffs acknowledged that "[t]his Plaintiff was incorrectly identified as a Tennessee non-profit corporation in the First Amended Complaint." Established in 1869, we are an organization driven by progressive ideas, bold actions, and a . The Supreme Council, 33, SJ, USA , 2010 WL 11444098, at *2 ; see also Levy v. Am. Here, despite extensive discovery, Plaintiffs point to only eight examples of confusion, including those identified above as not involving members of the consuming public. The Organization of the King David Supreme Council grew out of the conferring , 622, 624 (E.D. Grand Lodge Improved, Benevolent, Protective Order of Elks of the World v. Eureka Lodge No. The United Supreme Council, Southern Jurisdiction's long history of civil rights involvement with the likes of SGIG John Lewis and SGIG Thurgood Marshall is a testimony that the men within our .

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