Oklahoma District Council of the Assemblies of God of the State of Oklahoma, Inc. v. New Hope Assembly of God Church of Norman, Oklahoma, Inc.

597 P.2d 1211 (1979)

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Oklahoma District Council of the Assemblies of God of the State of Oklahoma, Inc. v. New Hope Assembly of God Church of Norman, Oklahoma, Inc.

Oklahoma Supreme Court
597 P.2d 1211 (1979)

SH

Facts

New Hope Assembly of God Church of Norman, Oklahoma, Inc. (New Hope) (defendant) had been an affiliated member of the Oklahoma District Council of the Assemblies of God of the State of Oklahoma, Inc. (the District Council) (plaintiff). The District Council withdrew its recognition of New Hope, but New Hope continued to use the same name, which included the words “Assembly of God.” The District Council filed suit against New Hope requesting that it be permanently enjoined from using a name containing the words “Assembly of God.” The trial court granted summary judgment in favor of the District Council. No evidence was presented as to whether the term “Assemble of God” had acquired a secondary meaning. New Hope appealed. On appeal, the District Council argued that the term “Assemble of God” had acquired a secondary meaning entitling it to trademark protection.

Rule of Law

Issue

Holding and Reasoning (Irwin, J.)

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