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PROTESTANT EPISCOPAL v. EPISCOPAL CHURCH

Opinion No. 27731.

421 S.C. 211 (2017)

806 S.E.2d 82

The PROTESTANT EPISCOPAL CHURCH IN THE DIOCESE OF SOUTH CAROLINA; The Trustees of The Protestant Episcopal Church in South Carolina, a South Carolina Corporate Body; All Saints Protestant Episcopal Church, Inc.; Christ St. Paul's Episcopal Church; Christ the King, Waccamaw; Church of The Cross, Inc. and Church of the Cross Declaration of Trust; Church of The Holy Comforter; Church of the Redeemer; Holy Trinity Episcopal Church; Saint Luke's Church, Hilton Head; St. Matthews Church; St. Andrews Church-Mt. Pleasant Land Trust; St. Bartholomews Episcopal Church; St. David's Church; St. James' Church, James Island, S.C.; St. John's Episcopal Church of Florence, S.C.; St. Matthias Episcopal Church, Inc.; St. Paul's Episcopal Church of Bennettsville, Inc.; St. Paul's Episcopal Church of Conway; The Church of St. Luke and St. Paul, Radcliffeboro; The Church of Our Saviour of the Diocese of South Carolina; The Church of the Epiphany (Episcopal); The Church of the Good Shepherd, Charleston, SC; The Church of The Holy Cross; The Church of The Resurrection, Surfside; The Protestant Episcopal Church of The Parish of Saint Philip, in Charleston, in the State of South Carolina; The Protestant Episcopal Church, The Parish of Saint Michael, in Charleston, in the State of South Carolina and St. Michael's Church Declaration of Trust; The Vestry and Church Wardens of St. Jude's Church of Walterboro; The Vestry and Church Wardens of The Episcopal Church of The Parish of Prince George Winyah; The Vestry and Church Wardens of The Church of The Parish of St. Helena and The Parish Church of St. Helena Trust; The Vestry and Church Wardens of The Parish of St. Matthew; The Vestry and Wardens of St. Paul's Church, Summerville; Trinity Church of Myrtle Beach; Trinity Episcopal Church; Trinity Episcopal Church, Pinopolis; Vestry and Church Wardens of the Episcopal Church of The Parish of Christ Church; Vestry and Church Wardens of The Episcopal Church of the Parish of St. John's, Charleston County, The Vestries and Churchwardens of The Parish of St. Andrews, Respondents, v. The EPISCOPAL CHURCH (a/k/a The Protestant Episcopal Church in the United States of America) and The Episcopal Church in South Carolina, Appellants.

Supreme Court of South Carolina.

Filed August 2, 2017.

Rehearing Denied November 17, 2017.

Attorney(s) appearing for the Case

Allan R. Holmes, Sr. and Timothy O. Lewis , both of Gibbs & Holmes, of Charleston, David Booth Beers and Mary E. Kostel , both of Goodwin Procter, LLP, of Washington, DC, Blake A. Hewitt and John S. Nichols , both of Bluestein Nichols Thompson & Delgado, of Columbia, Thomas S. Tisdale and Jason S. Smith , both of Hellman Yates & Tisdale, of Charleston and R. Walker Humphrey, II , of Waters & Kraus, of Dallas, Texas, for Appellants.

C. Alan Runyan and Andrew S. Platte , both of Speights & Runyan, of Beaufort, Henrietta U. Golding and Amanda Bailey , both of McNair Law Firm, of Myrtle Beach, C. Mitchell Brown, of Nelson, Mullins, Riley & Scarborough, of Columbia, Charles H. Williams , of Williams & Williams, of Orangeburg, David Cox , of Barnwell Whaley Patterson & Helms, of Charleston, Thomas C. Davis , of Harvey & Battey, of Beaufort, Harry Easterling, Jr. , of Bennettsville, G. Mark Phillips , of Nelson, Mullins, Riley & Scarborough, of Charleston, W. Foster Gaillard and Henry Grimball , both of Womble, Carlyle, Sandridge & Rice, of Charleston, Keith McCarty , of McCarty Law Firm, of Charleston, William A. Scott , of Pedersen & Scott, of Charleston, Mark Evans , of Charleston, David B. Marvel and David L. DeVane , both of Prenner Marvel, of Charleston, John Furman Wall, III , of Mt. Pleasant, Allan P. Sloan, III and Joseph C. Wilson, IV , both of Pierce, Herns, Sloan & Wilson, of Charleston, C. Pierce Campbell , of Turner, Padget, Graham & Laney, of Florence, Robert R. Horger , of Horger, Barnwell & Reid, of Orangeburg, Saunders M. Bridges , of Aiken Bridges Elliott Tyler & Saleeby, of Florence, Lawrence B. Orr , of Orr Elmore & Ervin, of Florence, Francis M. Mack , of St. Matthews, Robert S. Shelton , of The Bellamy Law Firm, of Myrtle Beach, William A. Bryan , of Bryan & Haar, of Surfside Beach, Harry Oxner , of Oxner & Stacy, of Georgetown, Susan MacDonald and Jim Lehman , both of Nelson, Mullins, Riley & Scarborough, of Myrtle Beach, Brandt Shelbourne , of Shelbourne Law Firm, of Summerville, Stephen S. McKenzie , of Coffey, Chandler & Kent, of Manning, John B. Williams , of Williams & Hulst, of Moncks Corner, George J. Kefalos and Oana D. Johnson , both of George J. Kefalos, P.A., of Charleston, Stephen Spitz , of Charleston and Thornwell F. Sowell, III and Bess J. Durant , both of Sowell Gray Stepp & Lafitte, LLC, of Columbia, for Respondents.

This is an appeal from a circuit court order holding that the Appellants have no legal or equitable interests in certain real and personal property located in South Carolina, and enjoining the Appellants from utilizing certain disputed service marks and names. In this lead opinion I explain why I would reverse the entire...

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