Resolution regarding Issues Etc Trademark Dispute

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Here is a resolution prepared for submission. We would recommend review and passage of something like this by every church, every circuit forum, every pastors forum in the synod. All should then submit these to the BOD, the BCS, the Council of Presidents, and the president of Synod.

We thank Rev. Joseph Fisher of Pilgrim Ev. Lutheran Church for sharing this resolution with us.

NOTICE: This resolution is undergoing review to make sure all points are correct. Check back frequently to make sure you get the latest version

Resolution for South Wisconsin District Pastoral Conference
April 20-22 2009

Whereas: Issues Etc. weekday and national Sunday night show was cancelled on Tuesday March 18th, 2008; and

Whereas: The LCMS Board of Director’s stated in August 2008 Reporter, “the Board authorized its general counsel to prepare a release for use of the LCMS-owned trademark for the radio program "Issues, Etc.," the archived programs, and related materials to Rev. Todd Wilken and Jeff Schwarz. Wilken and Schwarz intend to continue the program, which was dropped by KFUO. According to Schultz, the Board expects the agreement will help bring the recent programming issues to a positive conclusion”; and

Whereas: US Trademark office, stated that in October of 1999 the LCMS cancelled its Trademark on the name “Issues, Etc.”; and

Whereas: On May 31st, 2008 Mr. Harry Madsen made application for the name “Issues, Etc.”; and

Whereas: Mr. Madsen was granted use of the name “Issues Etc.” by the U.S. Patent and Trademark Office on November 4th, 2008; and

Whereas: On December 7th, 2008 the LCMS filed a Letter of Opposition to Mr. Madsen’s trademark application; and

Whereas: On December 16th, 2008 the attorney for the LCMS Board of Director’s sent a letter threatening to recommend legal action against Rev. Wilken and Mr. Schwarz; and

Whereas: No vote is recorded in the minutes of the LCMS Board of Director’s stating a change in their position stated in the Reporter August 2008 edition; and

Whereas: This unnecessary legal action is an unwise use of the financial resources and man hours of LCMS Inc. and it’s legal counsel; Therefore

Be it Resolved: That the South Wisconsin District Pastoral Conference Spring 2009 express as an united voice their displeasure with this unwarranted opposition to the application for the “Issues, Etc.” trademark and the continued work of Rev. Todd Wilken, and Mr. Jeff Schwarz; and

Be it further Resolved: That the South Wisconsin District Pastoral Conference Spring 2009 request President John Willie to express our concerns and displeasure to the COP, the Synod’s Board of Directors, The Board for Communication Services and President Gerald Kieschnick; and

Be it finally Resolved: That we encourage one another to continue to walk together in service of our Lord Jesus Christ, as we strive to serve all our neighbors and that we continue to pray and support the faithful work of the Lutheran Church Missouri Synod, the Issues, Etc. radio show, Rev. Todd Wilken, Mr. Jeff Schwarz, and all parties involved, so that there may be a God pleasing and peace bringing conclusion reached.

NOTICE: This resolution is undergoing review to make sure all points are correct. Check back frequently to make sure you get the latest version

TODO:

• Add addresses for submission of this to various organizations of synod
• Add a DOC file with the sample submission that can be customized by other forums.
• Perhaps add wording that asks for an explanation as to why this is being pursued?