Creation Seventh Day Adventist Church
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The Creation Seventh Day (and) Adventist Church is a Christian movement formed by a small group that broke off of the Seventh-day Adventist Church in 1988 and officially became a Church in 1991.[1][2][3] The World Intellectual Property Organization (WIPO) ruled in 2006 that the church must not have a domain name which included references to seventh day adventist as they are not recognized by the General Conference of Seventh-day Adventists, who own trademarks on the term.[4][5]
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[edit] WIPO ruling on disputed domain names
On May 23, 2006, the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center received notice from the General Conference of Seventh-day Adventists,[6] regarding several domain names operated by the church. The defendent claimed that such a confiscation of web domains would be a violation of religious freedom.[7]
In the decision[8] quoted below, rendered on July 21, 2006, WIPO concluded that:
- a) The General Conference of Seventh-day Adventists had "Enforceable Trademark Rights" in the controverted domain names, noting that, "The Panel does not believe that the freedom to practice religion or the deviation from fundamental doctrine constitute defenses cognizable under the Policy to invalidate the protection afforded Complainant by its registered Marks."
- b) The Domain Names in question were "confusingly similar to the Marks in which the Complainant has rights pursuant to the Policy, paragraph 4(a)(i)."
- c) Although "Respondent alleges that he is involved in the free dissemination of the gospel of Jesus Christ and not in commercial activity [...]" and disclaimers were posted on the domains in question,[9] "persons interested in finding religious information are Internet users and consumers within the meaning of the Policy. Respondent is using Domain Names which are confusingly similar for purposes of the Policy. Therefore, he is attracting Internet users and misleading consumers searching for Complainant."
- d) The domain names in question were registered in "bad faith" according to the following conclusions of the Panelist:
- i) That "the evidence does support the allegation that Respondent is attracting Internet users by creating a likelihood of confusion as to the source, sponsorship, affiliation or endorsement of the websites," although "the evidence that Respondent is engaging in commercial activity is inconclusive."
- ii) That "There is no dispute that Respondent had actual knowledge of the Seventh-day Adventist Church and its practices at the time he registered the Domain Names."
- iii) "An additional factor found to support a finding of bad faith is Respondent’s actual knowledge of the Complainant’s Marks when Respondent registered the Domain Names. When considered with the attraction of Internet users using a likelihood of confusion, the Panel finds this evidence sufficient to support a finding that the Domain Names were registered and used in bad faith pursuant to the Policy, paragraph 4(a)(iii)."
Based on these conclusions, WIPO ordered "that the Domain Names be transferred to Complainant."
[edit] United States trademark lawsuit
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This article documents a current event. Information may change rapidly as the event progresses. |
A Creation 7th Day & Adventist Church and the CSDA Christian Academy were included in a lawsuit[10][3] filed on September 22, 2006, by the General Conference of Seventh-day Adventists.[11] The trademark infringement lawsuit names Walter McGill as the Defendant, due to his position with relation to A Creation 7th Day & Adventist Church and the CSDA Academy in Guys, TN. [12]
The official scheduling order was signed December 21, 2006, and a jury trial is set to begin 9:30 a.m. on January 7, 2008. [13]
[edit] Doctrinal position and history
The group holds[14] to certain Adventist beliefs,[15] such as the observance of the seventh day Sabbath, avoiding unclean meats, death as a sleep, the investigative judgment, and an imminent Second Coming of Christ.
The more notable doctrines include: an experience of complete victory over known sins for the born again believer, a rejection of the doctrine of the Trinity,[16] a separation of Church and State (i.e., a rejection of the idea that governmental agencies possess the authority to intrude upon freedom of religion), the keeping of New Moons, and religious accountability for a church's actions. The observance of some of the Annual Feasts found in the Old Testament and use of the names יהוה (Yahweh) and יהושע (Yahshua) for the Father and Son of the Godhead in worship are generally practiced by members, although these are not dogmatically taught.[17]
While differing from modern Seventh-day Adventists on the matters listed above[18], their doctrines regarding religious accountability were practiced and observed by early prominent Adventist leaders[19][20], although there is a one-hundred year timespan between the initial doctrines, and McGill's extension of them.
The CSDA Church also believes in the continuity of spiritual gifts, not only accepting the prophetic ministry of Ellen Gould White, (1827-1915) co-founder of the Seventh-day Adventist church, but also that of two living members, Walter "Chick" McGill and David P. Aguilar, Jr.[citation needed]
The CSDA Church holds strict views on church membership, claiming that once one has come into unity with Christ, unity with His Church (which they hold to be themselves) will be the natural result, with one not being valid while rejecting the other.[21] Unlike the Seventh-day Adventist Church, the CSDA constituency has voted the returning of tithes as a test of fellowship,[22] using the reasoning of Malachi 4:8 (KJV): "Will a man rob God? Yet ye have robbed me. But ye say, Wherein have we robbed thee? In tithes and offerings." As a failure to return tithes is considered stealing, they reason a violation of tithing to be an example of robbery and thus a transgression of the eighth commandment. The CSDA constituency believes in private Christian education, and in 2003, Pastor Walter "Chick" McGill opened the first CSDA educational facility on the Guys property.[23][24]
The Creation Seventh Day Adventist congregation, pastored by Walter McGill, is located in Guys, Tennessee, United States.[25]
[edit] References
- ^ A History of The CSDA Church
- ^ Article: "Preparing for Disaster," Charlotte Graham, The Clarion-Ledger, Section D – Southern Style, p. 1-D, Jackson, MS, Monday, August 23, 1999
- ^ a b Seventh-day Adventist Church: Origin, beliefs, practices, etc. at religioustolerance.org
- ^ Use of the SDA Church name
- ^ Interview with Conference Attorney Walter Carson {Adventist Review, June 25, 1998}
- ^ In His Steps Newsletter, October 2006, Vol 6 - No. 6, Article: "Lawsuits in The Church," Editor John J. Grosboll, Steps to Life, PO Box 782828, Wichita, KS 67278, [1]
- ^ Respondent defense sent to WIPO Arbitration Panel Note: Word document
- ^ WIPO Decision, Case No. D006-0642
- ^ List of Annexes sent by Respondent to WIPO Arbitration Panel Annex #44
- ^ Copy of Seventh-day Adventist Lawsuit as posted on CSDA website Note: PDF File
- ^ Case 1:06-cv-01207-JDT-sta in the United States District Court for The Western District of Tennessee, Eastern Division.
- ^ The Defendant posted a copy of the pro se Answer to Complaint Copy of pro se Answer to Complaint Note: Word Document that was filed, and the case is currently pending in the United States District Court.
- ^ Official Scheduling Order.
- ^ Controversial Subjects Index of CSDA articles regarding Seventh-day Adventist doctrines
- ^ List of Seventh-day Adventist fundamental beliefs
- ^ Directory of Sabbath-Observing Groups, 9th Edition (2001), Entry #56: Creation 7th Day Adventist Church, p. 97, The Bible Sabbath Association, Fairview, OK 73737; Business Office 3316 Alberta Drive, Gillette, WY 82718 The Bible Sabbath Association Website (888) 687 5191
- ^ CSDA/SDA Differences
- ^ The Fundamental Beliefs and "Growing in Christ" at http://www.adventist.org
- ^ Endtime Issues Newsletter No. 155
- ^ After The Way Which They Call Heresy
- ^ A Sure Covenant
- ^ The Tithe Question
- ^ The CSDA Christian Academy
- ^ CSDA Christian Academy listing at the Tennessee State Department of Education (TSDE)
- ^ Waymarks, Tract # WM 1352, October 2006, Vance Ferrell, Pilgrim's Rest or Mission Evangelism, INC., Box 300, Altamont, TN 37301
