Legal Opinion · Dissent

Christian Science Board of Directors of First Church of Christ v. Evans

Supreme Court of New Jersey

Decided February 23, 1987Published

1DissentGaribaldi, J.

I dissent from the majority’s conclusion that the name “Christian Science Church” is entitled to no protection under trademark law. I find that there is adequate, substantial, and credible evidence to support the trial court’s finding that “Christian Science Church” is a protectible trademark because *317it is a descriptive term that signifies a church’s affiliation with the Mother Church.1 I would enjoin defendants from using the name “Independent Christian Science Church of Plainfield, New Jersey” because it creates a likelihood that the public will confuse defendants’ church with plaintiffs’…

2Cases cited38 opinions

  1. Rova Farms Resort, Inc. v. Investors Insurance Co. of AmericaSupreme Court of New Jersey · 1974
  2. Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
  3. Kellogg Co. v. National Biscuit Co.Supreme Court of the United States · 1938
  4. John H. Harland Company, Cross-Appellant v. Clarke Checks, Inc., Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1983
  5. Pizzeria Uno Corporation v. James W. Temple, Jr., D/B/A Taco UnoCourt of Appeals for the Fourth Circuit · 1984

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