Resolution passed by BOD in August of 2008

Compare what is written in this document with the resolution that was submitted to Pastor Wilken and Jeff, page 48 of the LCMS legal filing.

The below is found starting on page 12 of the August 2008 BOD minutes

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D. Use of the Name “Issues, Etc.”

Chief Administrative Officer Ron Schultz offered background information in support of the assignment of the Synod’s rights to the trademark “Issues, Etc.” upon request of Rev. Todd Wilken and Mr. Jeff Schwarz for use in connection with a new radio program they are producing independently of the LCMS. After discussion, the following resolution was introduced and carried:

WHEREAS, The Lutheran Church—Missouri Synod (the “LCMS”) owns the trademark “Issues, Etc.” and has used such for many years in connection with the production and distribution of a radio program on its radio station, KFUO AM; and

WHEREAS, The LCMS recently discontinued producing new installments of the program, but it possesses a substantial library of archived broadcasts and related materials that bear the “Issues, Etc.” name, which the LCMS may continue using on a limited basis (e.g., re-broadcasting archived shows); and

WHEREAS, Rev. Todd Wilken and Mr. Jeff Schwarz have requested permission from the LCMS to use the “Issues, Etc.” name in connection with a new radio program they are producing independently from the LCMS; and

WHEREAS, The following proposed terms have been discussed between the parties and, if approved by the board in principle, would need to be reduced to a formal written agreement:

The LCMS would assign its entire right, title, and interest in and to the Issues, Etc. mark, as used in connection with the production and distribution of radio programs, and for publications and merchandize associated with the program (the “Mark”), on an “as is” basis, to Rev. Wilken and Mr. Schwarz (and/or a business entity that they may designate for purposes of operating the program (“Assignee”), provided that (1) except as set forth in part (4) below, the LCMS retains ownership and possession of all media on which archived shows are recorded (including online archives, CDs, written transcripts, etc.) as well as all associated merchandise; (2) the LCMS retains the right (in the form of a perpetual license back from the Assignee) to use the Mark solely for purposes of re-broadcasting archived shows, distributing archived transcripts, distributing its existing inventory of merchandise (but no for producing, distributing, or broadcasting any new programs, merchandise, etc.); (3) Assignee shall not use any LCMS trademarks or other intellectual property (including, without limitation, the “LCMS” mark, the “Lutheran Church—Missouri Synod” name, the LCMS Logo Cross, and the official “Seal” of the LCMS) in any manner that: (i) suggests an affiliation with the LCMS that does not exist, (ii) suggests that the LCMS endorses or sponsors Assignee or its products/services, or (iii) disparages the LCMS or in any way casts LCMS or its members in a negative light; (4) Assignee will be given limited permission to use copies of archived shows so long as all references to the LCMS are deleted/removed before being published or re-broadcast, so as to avoid confusion regarding the source of the publication/re-broadcast or any interpretation that the limited use of the archived materials by Assignee is somehow sponsored or endorsed by the LCMS.

Therefore be it

Resolved, That the LCMS Board of Directors approve the terms of the assignment as set forth in principle above and authorize and direct its general counsel to prepare a written agreement in order to effect the proposed assignment; and be it further

Resolved, That the Chief Administrative Officer be hereby authorized to execute the agreement on behalf of the LCMS once the Synod’s general counsel has approved it.

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This is also found on:

• Page 3 of Board Briefs
• page 12 of August 2008 BOD minutes

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