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-
- THE HON. CHARLES A. LEGGE
-
- O.T.O. v. Motta
-
- Judgment
-
- News of this Judgment deciding the outcome of the O.T.O.'s suit
- against Marcelo Motta was received on the morning of July 12, 1985
- E.V.--Caliph Hymenaeus Alpha's work was complete. He died peacefully
- later that day, before news of the victory reached his ears.--H.B.
-
- UNITED STATES DISTRICT COURT
- NORTHERN DISTRICT OF CALIFORNIA
-
- GRADY McMURTRY, WILLIAM E. HEIDRICK, P. SECKLER, H. P. SMITH, JAMES
- WASSERMAN, individuals, ORDO TEMPLI ORIENTIS, a California
- corporation, THELEMA PUBLICATIONS, a business entity,
-
- Plaintiffs
-
-
- v.
-
- SOCIETY ORDO TEMPLI ORIENTIS, a corporation, THELEMA PUBLISHING
- COMPANY, a corporation, MARCELO RAMOS MOTTA,
-
- Defendants
-
-
- JUDGMENT
-
-
- THE action was tried from May 13, 1985, through May 17, 1985, before
- Charles A. Legge, United States District Judge, sitting without a
- jury. The plaintiffs appeared through their counsel Stuart I.
- MacKenzie. The defendants appeared through their counsel Robert E.
- Mittel. Evidence, both oral and documentary having been presented by
- both parties, the cause having been argued and submitted for decision,
- the court having caused to be made and filed July 10, 1985, its
- written Findings of Fact and Conclusions of Law; now therefore,
-
- Judgment is entered as follows:
-
- 1. In favor of plaintiffs P. Seckler, Grady McMurtry, H. P. Smith,
- and James Wasserman, individually and severally, and against
- defendants Marcelo Ramos Motta (hereinafter ``Motta'') and Society
- Ordo Templi Orientis (hereinafter ``SOTO''), jointly and severally, on
- the third cause of action of plaintiffs' complaint in the amounts of
- $10,000 general damages and $25,000 punitive damages for each such
- plaintiff.
-
- 2. In favor of defendants Motta and SOTO and against plaintiff
- William E. Heidrick on the third cause of action.
-
-
-
-
-
-
-
-
-
- 3. Declaring that:
-
- (a)On the first cause of action of plaintiffs' complaint, defendants
- engaged in unfair competition regarding the use of the name ``Ordo
- Templi Orientis,'' the initials ``OTO,'' and the insignia and other
- properties of plaintiff Ordo Templi Orientis (hereinafter ``OTO'').
-
- (b)On the second cause of action of plaintiffs' complaint, defendants
- infringed trademarks owned by plaintiff OTO.
-
- (c)On the fifth cause of action of plaintiffs' complaint, defendants
- unfairly competed in the use of the name ``Thelema.''
-
- (d)Defendants do not own or have the right to use any of the
- copyrights or publications of Aleister Crowley.
-
- (e)Defendant Motta is not the designated secular Outer Head of
- plaintiff OTO, and has not been designated by any secular authority as
- Outer Head of Ordo Templi Orientis.
-
- (f)Defendants' purported registration of copyrights of material
- pertaining to Ordo Templi Orientis are invalid because defendants did
- not and do not own the material purportedly copyrighted.
-
- (g)Plaintiffs did not breach any copyrights of defendants.
-
- (h)Plaintiffs did not violate defendants' alleged trademarks regarding
- the insignia of OTO.
-
- (i)Plaintiffs did not violate defendants' alleged trademarks regarding
- SOTO.
-
- (j)Plaintiffs did not violate any federal trademark regarding the name
- ``Ordo Templi Orientis'' or the symbol ``OTO.''
-
- (k)Plaintiff OTO is entitled to the exclusive use of the trademarks
- and names claimed by defendants, except that defendant SOTO has the
- continued right to use the name ``Society Ordo Templi Orientis'' and
- the initials ``SOTO.''
-
- (l)Plaintiff Grady McMurtry owns the interest in Magick Without Tears
- assigned to him by Aleister Crowley.
-
- (m)Plaintiff OTO is entitled to the possession and ownership of (i)
- all other materials copyrighted in the United States about Ordo Templi
- Orientis, (ii) the archives of OTO, and (iii) all other writings by
- Aleister Crowley which are not in the public domain.
-
- (n)Defendants' purported registration of trademarks are invalid,
- because defendants did not and do not own the marks, except those of
- SOTO.
-
- 4. Defendants Motta and SOTO, and agents, servants, employees,
- representatives, successors and assigns acting for them, or in active
- concert or participation with them, are permanently enjoined and
- restrained from:
-
-
-
-
-
-
-
-
-
- (a)Using, registering, publishing, distributing, or infringing (i) the
- copyrights, trademarks, trade names, service marks, and service names
- held by plaintiff OTO; (ii) the name ``Thelema'' when used as the
- publisher or distributor of written material; (iii) all other titles
- of works used to date by plaintiff OTO in various publications; (iv)
- all writings and publications of Aleister Crowley which are not in the
- public domain; (v) the initials ``OTO''; and (vi) all titles of honor,
- emblems, insignia, registers, symbols, or any other property or
- articles of plaintiff OTO.
-
- (b)Representing (i) that Motta has been designated by any secular
- authority as Outer Head of Ordo Templi Orientis, or (ii) that
- defendant SOTO is authorized by any secular authority as the successor
- of the organization, beliefs, and practices established and developed
- by Aleister Crowley and Ordo Templi Orientis.
-
- 5. All registrations undertaken by defendants, whether directly,
- indirectly, or in their name, or any of the matters adjudged herein to
- be the property of plaintiffs, whether purportedly registered as a
- copyright, trademark, service mark, trade name, service name, or
- otherwise, are invalid, and at plaintiff OTO's election, are to be
- rescinded and cancelled by the appropriate government registration
- office, whether the United States Patent and Trademark Office, the
- United States Copyright Office, or other.
-
- 6. Defendants take nothing on their cross-complaint.
-
- 7. Plaintiffs are entitled to their costs of suit in the amount of
- $1,245.21
-
- Dated: September 10, 1985.
-
- CHARLES A. LEGGE
- UNITED STATES DISTRICT JUDGE