SOVEREIGN ORDER OF ST. JOHN, ET AL. v. GRADY

Nos. 96-5321, 96-5410.

119 F.3d 1236 (1997)

SOVEREIGN ORDER OF SAINT JOHN OF JERUSALEM, INC., et al., Plaintiffs-Appellees, Cross-Appellants, v. John L. GRADY, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 14, 1997.


Attorney(s) appearing for the Case

Hugh J. Moore, Jr. (argued), Douglas E. Peck, Joel A. Conkin (briefed), Witt, Gaither & Whitaker, Chattanooga, TN, for Plaintiff-Appellee.

Bruce H. Wilson (argued and briefed), Akron, OH, Richard P. Jahn, Jr. (briefed), Jahn & Clem, Chattanooga, TN, for Defendant-Appellant.

Before: LIVELY, MERRITT, and SUHRHEINRICH, Circuit Judges.


OPINION

LIVELY, Circuit Judge.

This long-running dispute involves the validity and alleged infringing use of a collective membership trademark registered by the plaintiff, Sovereign Order of Saint John of Jerusalem, Inc., a Delaware corporation (the Corporation). The defendant, John L. Grady, contests the validity of the mark on the ground that he, not the Corporation, represents the "true order" of St. John, and that the Corporation acted fraudulently in...

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