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GENERAL CONFERENCE CORP. v. McGILL

No. 09-5723.

617 F.3d 402 (2010)

GENERAL CONFERENCE CORPORATION OF SEVENTH-DAY ADVENTISTS and General Conference of Seventh-Day Adventists, an Unincorporated Association, Plaintiffs-Appellees, v. Walter McGILL, d/b/a Creation 7th Day Adventist Church et al., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 10, 2010.

Attorney(s) appearing for the Case

ARGUED: Charles L. Holliday , Spragins, Barnett & Cobb, PLC, Jackson, Tennessee, for Appellant. Joel T. Galanter , Adams and Reese LLP, Nashville, Tennessee, for Appellees. ON BRIEF: Charles L. Holliday , Spragins, Barnett & Cobb, PLC, Jackson, Tennessee, for Appellant. Joel T. Galanter , Adams and Reese LLP, Nashville, Tennessee, Emily C. Taube , Adams and Reese LLP, Memphis, Tennessee, for Appellees.

Before: KENNEDY, MOORE, and SUTTON, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Plaintiffs General Conference Corporation of Seventh-day Adventists ("General Conference Corporation") and General Conference of Seventh-day Adventists ("General Conference") sued Walter McGill for trademark infringement based on McGill's use of their protected marks in advertising and promoting his breakaway church. McGill brought a motion to dismiss based on the Free Exercise Clause and the Religious Freedom Restoration...

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