Court case by Mirza Ahmad Sohrab
BROKEN
SILENCE
Mirza Ahmad Sohrab
Bahais in this country, who had been
called Berthalin by Abdul Baha and who has used this name ever
since, the idea was that it would be a valuable service to the Cause if, after
the dosing of the Fair, our exhibit could be transported to the city. After
some consultation, it was decided to take this step as a purely temporary
activity, and ona November 7th, 1939 Bahai Bookshop was opened at 828
Lexington Avenue,a lease having been signed for the duration of six months, I
admit that we were fully conscious that, in all probability, the National
Spiritual Assembly of the Bahais of the United States and Canada would resent
this further heralding of the Bahai name and teachings. However, we were
prepared, as in the past, to meet opposition in silence.
Then-
(Letterhead of)
New York
Dear Madam:
We are instructed by our client, National Spiritual Assembly of the
Baha’is of the United States and Canada ,to communicate with you with reference
to your unauthorized use of the trademark BAHAI in the trade name BAHAI
BOOKSHOP, and on books, leaflet and advertisement which are not published by
our client. The word BAHA’I has been used for about forty years by our client
and its predecessor as a trademark for magazines, printed books, and other
publications, and is registered in the United States Patent Office in the name
of our client, registration No, 245,271. The word BAHAI is substantially the
same as the registered trademark BAHA'I, and your use of the former in the ways
we have mentioned constitutes trademark infringement and unfair
competition.Probably you were not informed as to the trademark situation and it
will not be necessary for our client to do more than bring the facts to your
attention. In order to comply with the formalities, however, we must and do
demand on behalf of National Spiritual Assembly of the Baha’is of the United
States and Canada that you discontinue immediately the use of the word BAHAI in
the name under which you are conducting a bookshop, and upon books and other
publications not published by our client, and we hereby notify you that upon
your failure to do so our client will hold you responsible for profits,
damages and costs of litigation.
A few days after the receipt of this letter, Mrs. Chanler placed the
matter in the hands of Mr. Fred J. Bechert, of the firm Mitchell
& Bechert, and the following
correspondence ensued.
(Letterhead of)
under date of December 12th. We have conferred with Mrs. Chanler
and examined a great deal of literature relating to the Bahai Cause. Through
our investigation, we have learned that in about the year 1863
Mirza Hossein Ali a Persian noble-man, felt that he was inspired by
God and that it was his duty to bring a message of light and glory to harassed
world. He adopted it as a spiritual name "Bahaullah". This name was
to signify the "light" or "glory" of God. Prior to 1863,
there were followers of the Bab and the individual followers were known
as
Babis. The Babis later became followers of Bahaullah, who carried on the cause,
and the followers of Bahaullah became known as Bahais. Long prior to the year
1900, the word "Bahai" had become a well known descriptive word to
identify a follower of Bahaullah in precisely the same way as “Christian” would
describe a follower of Christ.It is our opinion, therefore, and we have so advised Mrs. Chanler, that
Bahai, long prior to the year 1900, became and now is a word of common speech
necessary for use in aptly describing a follower of Bahaullah, In our opinion,
therefore, the word “Bahai” cannot legally be exclusively appropriated by your
client.
Mrs. Chanler advises us that she is a Bahai, and that her Bahai Book
Shop specializes in Bahai books, pamphlets, and literature in general for the
dissemination of the Bahai teachings.
Yours very truly,
Mitchell
& Bechert.
(Letterhead of)
LEAVENWORTH
6 East 15th Street
New York
Dear Sirs;
Yours truly,
(Signed)
Watson, Bristol, Johnson & Leavenworth.
(Letterhead of)
420 Lexington Avenue New York, N Y,
Re:Bahai Book Shop
Gentlemen;
Yours very truly,
Mitchell & Bechert.
Points Involved and My Reactions to Them
A partial study of the contents of the above correspondence between the two
attorneys-at-law will reveal several interesting facts:
1.The National Spiritual Assembly of the Bahais of the United States and Canada
have made a trademark of the name Bahai
2.According to the text of application filed March 10, 1928 Serial No. 262,923
the Bahai Organization is a corporation,
3.The word Bahai is a trademark as actually used by applicant upon goods, and
requests that the same be registered in the United States Patent Office. . .
The trade mark has been continuously used and applied to said goods in
applicant's business since 1900,
4.The goods or merchandise that the applicant sells and which are protected by
a trade-mark are the words of Bahaullah and Abdul Baha.
5.Bahaullah and Abdul Baha lived in prison, suffered and gave their teachings
free for the religious unification of mankind in order that, in 1928, these
spiritual heavenly teachings be monopolized, and sold under trade-mark to an
unsuspecting public as so much goods, similar to Blue Sunoco, G. Washington
coffee, Twenty Mule Team Boruxo or the new, blended with Havana, White Old
Cigar {it’s milder)!
6.The members of the National Spiritual Assembly of the Bahais of the United
States and Canada, like their expanding sister monopolists, are reaching out to
stifle all unfair competition, holding Bahai Bookshop responsible for profit to
which, incidentally, they are welcome if they are willing to meet the losses as
well.
7.The Bahai organization is not a religion, nor a spiritual renaissance, nor
the spirit of the age, but is a full- fledged corporation which, while it
engages itself in marketing the principles of Bahaullah for the establishment
of Universal Peace, through its various branches in the United States, Canada
and in other parts of the world, has protected these goods by taking out a
trade-mark on the very name which more than twenty thousand Persian men and
women claimed at the price of their lives. This is the first Instance in the history
of religion where the privilege of calling oneself a follower of a certain
Prophet, were he Buddha or Christ, or Mohammad or any other, has been involved
with the interests of a trust or corporation.
What, for instance would have happened to Christianity If, added to the
difficulties of establishing a new religion, the early Christians had had to
contend with property rights on the name and teachings that they were ready to
die for? It is certain that such a liability would have stifled the movement in
its infancy and that, before the passing of a hundred years, the words of Jesus
would have been heard of no more. The Cause of Bahaullah is no different.
Strong as it is, commercial interests and the lust for power are stronger yet
if allowed to operate unopposed; and this new-born child, the hope of the ages,
will unquestionably cease to breathe if its neck continues to be weighted with
the steel links of an international chain store.
suffered by Bahaullah and Abdul Baha, with, seventy faithful followers;
witnessing then the renaissance of the Holy Land as the ‘‘Mount of Revelation,”
and arriving at the present hour with Abdul Baha’s unique mission made fruitful
by the commencement of work on the Bahai Temple at Chicago, by the deeper
comprehension of the meaning of this Cause awakened by the nation wide journey
of the “Great Teacher,” Jenabe Fazel Mazandarani, and the rapid spread of the
Bahai Message throughout the East the historic importance of these events
can only be judged at some later date, when from this seed the fruitful tree
shall have grown to its maturity.
This was in 1921,
Seven years have rolled into the lap of eternity.
The curtain is lifted on 1928.
The stage is set
There is our old friend Mr. Horace Holley, urbane, subtle, conscious of his
powers the arbiter and controller of the destiny of the Bahai Organization
and Bahai Communities throughout the world. Yes, yes, he has done a good job!
With evident satisfaction he displays some papers. What are they? Let us
approach and examine them. Our attention is caught by one paper is riveted
on it We read:
Registered Aug. 7, 1928
Trade-Mark 254,271
United States Patent Office
National Spiritual Assembly of the Baha’is of the United States and Canada of
New York, N. Y,
Application filed March 10,1928, Serial No. 262,923.
BAHAI STATEMENT
To The Commissioner of Patents:
National Spiritual Assembly of the Baha’is of the United State and Canada, a
commonlaw corporation, organized and operated under
declaration of trust and doing business at . . .
As we read and re-read the statement, we are lost in a sea of amazement. We rub
our eyes, we fidget, we feel restless; we wonder whether all this is not a
nightmare impossible, incredible. We stagger, and search in our consciousness
for an explanation; then, completely baffled, we look up into the face of
Mr.Horace Holley, Maybe he will tell us what this means.He smiles, triumphantly
pointing to the signature, and we read:
National Spiritual Assembly of The Baha’is of the United States and Canada
by
HORACE HOLLEY
Secretary.
And as we turn our eyes from this document, we glimpse Mr. Horace Holley’s
fingers still tenderly patting his own signature!
Well, friends! It is accomplished!
There is a stake on the source of the Bahai Cause and its owner-proprietor is
the National Spiritual Assembly of the Bahais of the United States and Canada,
The password given to mankind by Bahaullah, to be used for the regeneration of
nations, is in the possession of the Bahai administrators.
Galvanized the smelling army of its defenders to arise and arraign the
usurpers of their sacred rights and to defend the long-standing strongholds of
the institutions of their Faith in their home country,
I don’t feel that I can make comment on the above paragraph other than to
address myself to the adjective puny, which is a quaint word of early English
flavor. In looking it up, I find that it signifies imperfectly developed,
pigmy, shrimp, small fry. Now, I know that Mrs. Chanler, in her modesty, would
accept all these terms as descriptive of her, in her service to the Cause, but
neither she nor I agree to them in regard to our worth as opponents to the
system which thinks to be the unique repository of the Word of God in this day.
Probably, the attorneys of the National Spiritual Assembly of the Bahais of the
United States and Canada give us credit for being adversaries (in a purely
legal way), at least, worthy of their steel.
Reasons for Bringing Suit:
Shortly after the institution of legal proceedings, the National Spiritual
Assembly explains its reasons for bringing action against us stating that this
step represents a culmination of one aspect of the evolution of the Faith. I do
think that they were right in this respect.
Under the authority of the Guardian, the time has now come to act against these
“insidious adversaries” who have even gone so far as to flout the Beloved's
Will and Testament, the very pillar of our unity by claiming right to use the
term Baha’i to designate their personal activities.
The matter is therefore being taken to the courts, and as soon as possible
their excuses will be made a matter of public record. It will be seen whether
the present enemies of the Faith can succeed any better than those enemies who
have preceded them.
(Signed) National Spiritual Assembly Bahai News, Feb. 1940, No. 133.
The decision to take legal action for the protection of the Sacred right of the
Baha’i community represents a culmination of one aspect of the evolution of the
Faith in recent years which the newer believers have had little occasion to
consider or understand. To the older Baha’is, however, the preservation of the
basis of the unity and integrity of the community is a matter vital to faith
and inseparable from the experience of loyalty and service to the Cause. For
they have witnessed actual efforts to deny the validity of Abdu’l-Baha’s
mission and question the authority of His station. They have realized vividly
and poignantly how the very existence of the Faith depends on loyalty to
whosoever has received appointment from the Manifestation, They have
experienced the necessity of gathering their forces in order to assert the truth
and preserve the community from destruction. Such an experience is forever
unforgettable, for it means that conscious choice has been made between light
and darkness in the spiritual world.
The occasion for the legal action is definite and clear: the claim on the part
of non-Baha’is that there are no qualifications of faith in this Cause, but any
one is a Baha’i who asserts that he is; and that there is no criterion by which
to distinguish between authentic Baha’i literature and literature which some one
assumes is Baha’i; and there is no basis nor foundation in the Revelation of
Bahau’llah for the Baha'i community, with its institutions, its functions and
its collective powers and responsibilities grounded in authentic Books and
Tablets. In brief, the situation which has arisen is that persons who formerly
were believers but who withdrew from the Cause have denied the authority of the
Master’s Will and Testament. On no other grounds than denial of that mighty
Testament can their actions be understood, No compromise is possible. The
Baha’i community will assert the truth, and the issue can he left to God. The
Will and Testament itself is a victory over those who violated the Covenant in
the Master’s lifetime, and the Will and Testament invokes divine wrath upon all
who seek to destroy what He sacrificed His entire life and being to build.
(Signed) National
Spiritual Assembly.
From Annual Report National Spiritual Assembly of the Baha’is of the
United States and Canada, 1939-1940.
Actions taken at the meeting of the National Assembly held immediately
prior to the Convention include authorizations for continuance of Temple work .
. . and approval of the brief prepared by the attorney in connection with the
legal suit against the parties misusing the name Baha’i.
The friends are urged to give their careful attention to the passages in which
the Guardian refers to the nature of attacks against the Master and His Will
and testament appearing on pages 89 and 90 of the World Order of Bulia’u’llah.
Here we had the clearest statement in the writings for discussion of the New
History publication dated April, 1940, with new believers and with those who
attracted to the Faith who have not yet get background of understanding and experience
to discern the hollowness of any argument and claim based upon the failure to
accept the Will and Testament of Abdul Baha. The matter will soon come to
trial, and the friends can rest assured that the true nature of the Baha'i
Faith and of its Administrative Order will he established in accordance with
the power and scope of the written and authentic Teachings.
(Signed) National Spiritual Assembly.
Bahai News, June 1940, No. 136.
Significance of Justice Valente’s Decision
The decision handed down in the Supreme Court of New York by Justice Louis A.
Valente on April 1, 1941, is an epoch-making document for, although it refers
specifically to the Bahai Administration and The New History Society, its
contents have universal application, Eloquently and definitely, Judge Valente
has reaffirmed the validity of the Bill of Rights. In the case under review, he
denies to the National Spiritual Assembly of the Bahais of the United States
and Canada and the Spiritual Assembly of the Bahais of the City of New York a
monopoly on the word Bahai, thus constituting, in the name of the latest
revealed religion, a charter of freedom which shall stand as long as this
nation retains the character conferred upon it by its founders, I think that
will be always inspite of the perils that menace liberty in these sad times.
Thus, from now on, any sincere seeker after truth, who has realized its highest
"aspirations in the Bahai Cause, can term himself a follower of Bahaullah
and use his name without let or hindrance, No one can molest him or try to
undermine his service in the movement.
With this decision, the Cause of the Most Great Prisoner of Acca, which, even
as he, was always free in spite of appearances, has broken through the walls of
material confinement, and emerged as a spirit, a leaven, a consciousness a
gift,free and untrammeled, offered by God to every man on earth. Affairs are
dependent upon means, said Bahaullah. Through this decision of Judge Valente,
the Bahai Cause has been reconferred upon mankind.
Now that the case has been argued before the Supreme Court of New York and a
decision arrived at, let it be remembered, as this incident takes its place in
the annals of Bahai history, that Mrs.Chanler and I did not seek, this lawsuit
nor was it instituted by us. The differences of opinion between the National
Spiritual Assembly of the Bahais of the United States and Canada together with
the Spiritual Assembly of the Bahais of the City of New York and ourselves,
were brought before the public and inserted in legal records through no desire
on our part. It was a test placed in our path. We faced it with some
diffidence, albeit, light-heartedly; and surmounted it with a sigh of relief
and a deep sense of gratitude.
A Victory for All:
The minister of a New York church strikes a universal note in a letter to us:
"I feel that this is a victory for us all, since it involves decision rendered
by Justice Valente."
THE AMENDED COMPLAINTS, SUPPLEMENTED BY BILLS OF PARTICULARS, ARE DISMISSED AS
INSUFFICIENT IN LAW,
Statement made by plaintiffs
1.The individual plaintiff’s sue, as members of the National Spiritual Assembly
and Trustees of the Bahais of the United States and Canada, The Spiritual
Assembly of Bahais of the City of New York, a religious corporation, is a
co-plaintiff.
The complaint alleges that the name Baha'i denotes a religion identified
with the name of the founder Baha.
2. The plaintiffs claim to be the authorized repre¬sentatives of all of the
Bahais of the United States and Canada.
3.They allege that they are publishing books and other publications which teach
Bahai religion.
4.They charge that the defendants, who were members prior to April 5, 1929, of
the Bahai Congregation of the City of New York, have been conducting, without
the authority of plaintiffs, meetings, lectures, classes, social gatherings and
other activities, and announcing and advertising the same as Bahai meetings,
lectures, classes, etc.
5.They complain that the defendants have been giving these meetings, lectures,
etc., a Bahai appearance and atmosphere by teaching, in connection therewith, a
religion described as the Bahai religion and that they have created an
erroneous impression that they are connected with and authorized to represent
the Bahai religion and to solicit contributions therefor.
6. In addition, plaintiffs complain of the opening of a book shop by the
defendants under the name of “Bahai Book Shop” and of the listing of the shop
in the telephone directory under the name, immediately over the name of “Bahai
Center” hich represents the listing of plaintiffs’ New York office and book
shop.
1.In the Court’s opinion, the complaint fails to state a good cause of action.
The plaintiffs have no right to a monopoly of the name of a religion.
2.The defendants, who purport to be members of the same religion, have an equal
right to use the name of the religion in connection with their own meetings,
lectures, classes and other activities.
3.No facts are alleged in the complaint to indicate that the defendants have
been guilty of any act intended or calculated to deceive the public into
believing that their meetings, lectures or book shop are identified with or
affiliated with the meetings, lectures,etc, and book shop of the plaintiffs.
4.The Five Freedoms:
(a)Defendants have the absolute right to practice Bahaism.
(b) to conduct meetings,
(c) to collect funds,
(d) to sell literature in connection therewith,
5.The bills of particulars furnished by the plaintiffs, stating that the
defendant created the erroneous impression that they were connected with the
plaintiff and led the public to believe that their book shop was connected with
the plaintiffs, were not based upon any acts of the defendants other than their
conducting meetings, lectures, classes and other activities tinder the name of
Bahai and their operation of a book shop under that name listed in the
telephone directory immediately above the name of the plaintiff book shop.
6.The position of the listing is, of course, due to the fact that the telephone
directory is arranged alphabetically, so that the name “Bahai Book Shop”
naturally precedes the name “Baha’i Center.”
7. The motion to dismiss the amended complaint is grunted, with leave to serve
a further amended complaint within ten days from the service of a copy of this
order, with notice of entry.
Order Signed.
The Most Important Point:
Although, in its original Complaint, the National Spiritual Assembly asserted
that it was the authorized representative of all the Bahais in the United
States and Canada, this claim was denied by our attorneys in their first
Memorandum, and their denial was sustained by the Court. Justice Valente ruled
that the plaintiffs have no right to a monopoly of the name of a religion. The
defendants, who purport to be members of the same religion, have an equal right
to use the name of the religion in connection with their own meetings,
lectures, classes and other activities. This is the most important point in
question; for, henceforth the National Spiritual Assembly cannot claim as it
has up to this time, that it is the sole representative of all the Bahais in
the land. There are now, and will be in increasing numbers, Bahais who would
not think it appropriate to be represented by the National Spiritual Assembly,
and whom the National Spiritual Assembly would not think it appropriate to
represent. The laws of this nation will be the practical guarantee of such
Bahais, who will turn their hearts to God in the service of Bahaullah and Abdul
Baha, without benefit of clergy.
A subject, which for a whole year has puzzled those interested in the case from
this end, has been the strange claim by the plaintiffs that we caused the name
Bahai Book Shop to be listed in the telephone directory of the Borough of
Manhattan, New York City directly over the name Bahai Center. This
assertion seemed to imply that we had used undue influence with the compilers
of this volume, or else that we had selected the appellation Book Shop quite
arbitrarily, and for the simple purpose of listing ourselves according to the
dictation of our fancy. They apparently overlooked the fact that we actually
were selling books, and that it would have been unfitting to name our shop, let
us say: Bahai Delicatessen or Bahai Dental Supplies, which naming would have
placed us under the letter D, and below Bahai Center, buat would not have
described the contents of the shop.
Read the complete book here!
 |
| Mirza Ahmad Sohrab |
New York
Dear Madam:
We are instructed by our client, National Spiritual Assembly of the
Baha’is of the United States and Canada ,to communicate with you with reference
to your unauthorized use of the trademark BAHAI in the trade name BAHAI
BOOKSHOP, and on books, leaflet and advertisement which are not published by
our client. The word BAHA’I has been used for about forty years by our client
and its predecessor as a trademark for magazines, printed books, and other
publications, and is registered in the United States Patent Office in the name
of our client, registration No, 245,271. The word BAHAI is substantially the
same as the registered trademark BAHA'I, and your use of the former in the ways
we have mentioned constitutes trademark infringement and unfair
competition.Probably you were not informed as to the trademark situation and it
will not be necessary for our client to do more than bring the facts to your
attention. In order to comply with the formalities, however, we must and do
demand on behalf of National Spiritual Assembly of the Baha’is of the United
States and Canada that you discontinue immediately the use of the word BAHAI in
the name under which you are conducting a bookshop, and upon books and other
publications not published by our client, and we hereby notify you that upon
your failure to do so our client will hold you responsible for profits,
damages and costs of litigation.
Will you please give the matter immediate consideration and
advise us of your decision.
(Signed.) Watson, Bristol, Johnson & Leavenworth.
A few days after the receipt of this letter, Mrs. Chanler placed the
matter in the hands of Mr. Fred J. Bechert, of the firm Mitchell
& Bechert, and the following
correspondence ensued.
(Letterhead of)
Re:
Bahai Book Shop
Gentlemen:
under date of December 12th. We have conferred with Mrs. Chanler
and examined a great deal of literature relating to the Bahai Cause. Through
our investigation, we have learned that in about the year 1863
Mirza Hossein Ali a Persian noble-man, felt that he was inspired by
God and that it was his duty to bring a message of light and glory to harassed
world. He adopted it as a spiritual name "Bahaullah". This name was
to signify the "light" or "glory" of God. Prior to 1863,
there were followers of the Bab and the individual followers were known
as
Babis. The Babis later became followers of Bahaullah, who carried on the cause,
and the followers of Bahaullah became known as Bahais. Long prior to the year
1900, the word "Bahai" had become a well known descriptive word to
identify a follower of Bahaullah in precisely the same way as “Christian” would
describe a follower of Christ.It is our opinion, therefore, and we have so advised Mrs. Chanler, that
Bahai, long prior to the year 1900, became and now is a word of common speech
necessary for use in aptly describing a follower of Bahaullah, In our opinion,
therefore, the word “Bahai” cannot legally be exclusively appropriated by your
client.
Mrs. Chanler advises us that she is a Bahai, and that her Bahai Book
Shop specializes in Bahai books, pamphlets, and literature in general for the
dissemination of the Bahai teachings.
It is our understanding that Mrs.Chanler,far from competing unfairly
with your client, is engaged in the work of furthering and spreading the Bahai
cause, which, we take it, is also the purpose and effort of your
client.
Yours very truly,
Mitchell & Bechert.
(Letterhead of)
LEAVENWORTH
6 East 15th Street
New York
Dear Sirs;
We are in receipt of your letter of December 21 in answer to ours of
December 5.
You state that in your opinion the word “Bahai” is a word of common
speech necessary for use in aptly describing a follower of Bahaullah,” You do
not state, however, that the word is descriptive of the goods on which our
client uses it as a trademark, namely, magazines, printed books, and other
publications, and it is obvious that such is not the case. The use of this word
by your client on publications not published by our client and in the trade
name Bahai Bookshop constitutes trademark infringement and unfair competition.
Moreover, the use by your client of the trade name Bahai Bookshop
is a misrepresentation and a deceptive use because it gives the erroneous
impression that the book shop is operated or sponsored by our client, the
official Bahai religious organization, and the use of the name Bahai Bookshop
without our client’s authority and consent also infringes our client's property
right in the name Bahai.
We believe you may want to reconsider your opinion in this matter, and
request that you do so.
Yours truly,
(Signed)
Watson, Bristol, Johnson & Leavenworth.
Yours truly,
(Signed)
Watson, Bristol, Johnson & Leavenworth.
420 Lexington Avenue New York, N Y,
Re:Bahai Book Shop
Gentlemen;
This is in reply to your letter of December 22, 1939.
We regret that our letter of December 21st did not make our client's
position entirely clear.
It is our opinion that “Bahai” a descriptive word for aptly
describing a follower of the Bahai teaching and, furthermore, that the word
“Bahai” whether or not used as a trade-mark, if it is applied on Bahai literature
is descriptive of that literature. If your client is in the general publishing
business and applies the word “Bahai” to book and periodical having nothing to
do with Bahai teachings then the mark would not be descriptor of Such books
and periodicals.
Our client uses the word “Bahai” in the title of its Bahai Bookshop in a
descriptive sense to identify it as a book shop specializing in Bahai
literature.
Our client denies that the use of the trade name “Bahai Bookshop” is
either a misrepresentation or a deceptive use. As stated, the Bahai Bookshop
represents that it specialize in Bahai literature and, as a matter of fact,
Mrs.Chanler is herself a Bahai.
Our client further denies that the use of the trade name “Bahai
Bookshop” gives any erroneous impression that the shop is operated or
sponsored by your client, since your client, in our judgment, has no exclusive
right to the name “Bahai” to describe a follower of the Bahai teachings or to
identify those teachings in book form or otherwise,
We must therefore repeat that, in our opinion, our client is not
infringing any rights of your client and is not unfairly
competing with your client.
Yours very truly,
Mitchell & Bechert.
Yours very truly,
Mitchell & Bechert.
A partial study of the contents of the above correspondence between the two
attorneys-at-law will reveal several interesting facts:
1.The National Spiritual Assembly of the Bahais of the United States and Canada
have made a trademark of the name Bahai
2.According to the text of application filed March 10, 1928 Serial No. 262,923
the Bahai Organization is a corporation,
3.The word Bahai is a trademark as actually used by applicant upon goods, and
requests that the same be registered in the United States Patent Office. . .
The trade mark has been continuously used and applied to said goods in
applicant's business since 1900,
4.The goods or merchandise that the applicant sells and which are protected by
a trade-mark are the words of Bahaullah and Abdul Baha.
5.Bahaullah and Abdul Baha lived in prison, suffered and gave their teachings
free for the religious unification of mankind in order that, in 1928, these
spiritual heavenly teachings be monopolized, and sold under trade-mark to an
unsuspecting public as so much goods, similar to Blue Sunoco, G. Washington
coffee, Twenty Mule Team Boruxo or the new, blended with Havana, White Old
Cigar {it’s milder)!
6.The members of the National Spiritual Assembly of the Bahais of the United
States and Canada, like their expanding sister monopolists, are reaching out to
stifle all unfair competition, holding Bahai Bookshop responsible for profit to
which, incidentally, they are welcome if they are willing to meet the losses as
well.
7.The Bahai organization is not a religion, nor a spiritual renaissance, nor
the spirit of the age, but is a full- fledged corporation which, while it
engages itself in marketing the principles of Bahaullah for the establishment
of Universal Peace, through its various branches in the United States, Canada
and in other parts of the world, has protected these goods by taking out a
trade-mark on the very name which more than twenty thousand Persian men and
women claimed at the price of their lives. This is the first Instance in the history
of religion where the privilege of calling oneself a follower of a certain
Prophet, were he Buddha or Christ, or Mohammad or any other, has been involved
with the interests of a trust or corporation.
What, for instance would have happened to Christianity If, added to the
difficulties of establishing a new religion, the early Christians had had to
contend with property rights on the name and teachings that they were ready to
die for? It is certain that such a liability would have stifled the movement in
its infancy and that, before the passing of a hundred years, the words of Jesus
would have been heard of no more. The Cause of Bahaullah is no different.
Strong as it is, commercial interests and the lust for power are stronger yet
if allowed to operate unopposed; and this new-born child, the hope of the ages,
will unquestionably cease to breathe if its neck continues to be weighted with
the steel links of an international chain store.
suffered by Bahaullah and Abdul Baha, with, seventy faithful followers;
witnessing then the renaissance of the Holy Land as the ‘‘Mount of Revelation,”
and arriving at the present hour with Abdul Baha’s unique mission made fruitful
by the commencement of work on the Bahai Temple at Chicago, by the deeper
comprehension of the meaning of this Cause awakened by the nation wide journey
of the “Great Teacher,” Jenabe Fazel Mazandarani, and the rapid spread of the
Bahai Message throughout the East the historic importance of these events
can only be judged at some later date, when from this seed the fruitful tree
shall have grown to its maturity.
This was in 1921,
Seven years have rolled into the lap of eternity.
The curtain is lifted on 1928.
The stage is set
There is our old friend Mr. Horace Holley, urbane, subtle, conscious of his
powers the arbiter and controller of the destiny of the Bahai Organization
and Bahai Communities throughout the world. Yes, yes, he has done a good job!
With evident satisfaction he displays some papers. What are they? Let us
approach and examine them. Our attention is caught by one paper is riveted
on it We read:
Registered Aug. 7, 1928Trade-Mark 254,271
United States Patent Office
National Spiritual Assembly of the Baha’is of the United States and Canada of New York, N. Y,
Application filed March 10,1928, Serial No. 262,923.
BAHAI STATEMENT
To The Commissioner of Patents:
National Spiritual Assembly of the Baha’is of the United State and Canada, a
commonlaw corporation, organized and operated under
declaration of trust and doing business at . . .
As we read and re-read the statement, we are lost in a sea of amazement. We rub
our eyes, we fidget, we feel restless; we wonder whether all this is not a
nightmare impossible, incredible. We stagger, and search in our consciousness
for an explanation; then, completely baffled, we look up into the face of
Mr.Horace Holley, Maybe he will tell us what this means.He smiles, triumphantly
pointing to the signature, and we read:
National Spiritual Assembly of The Baha’is of the United States and Canada
by
HORACE HOLLEY
Secretary.
And as we turn our eyes from this document, we glimpse Mr. Horace Holley’s
fingers still tenderly patting his own signature!
Well, friends! It is accomplished!
There is a stake on the source of the Bahai Cause and its owner-proprietor is
the National Spiritual Assembly of the Bahais of the United States and Canada,
The password given to mankind by Bahaullah, to be used for the regeneration of
nations, is in the possession of the Bahai administrators.
Galvanized the smelling army of its defenders to arise and arraign the
usurpers of their sacred rights and to defend the long-standing strongholds of
the institutions of their Faith in their home country,
I don’t feel that I can make comment on the above paragraph other than to
address myself to the adjective puny, which is a quaint word of early English
flavor. In looking it up, I find that it signifies imperfectly developed,
pigmy, shrimp, small fry. Now, I know that Mrs. Chanler, in her modesty, would
accept all these terms as descriptive of her, in her service to the Cause, but
neither she nor I agree to them in regard to our worth as opponents to the
system which thinks to be the unique repository of the Word of God in this day.
Probably, the attorneys of the National Spiritual Assembly of the Bahais of the
United States and Canada give us credit for being adversaries (in a purely
legal way), at least, worthy of their steel.
Reasons for Bringing Suit:
Shortly after the institution of legal proceedings, the National Spiritual
Assembly explains its reasons for bringing action against us stating that this
step represents a culmination of one aspect of the evolution of the Faith. I do
think that they were right in this respect.
Under the authority of the Guardian, the time has now come to act against these
“insidious adversaries” who have even gone so far as to flout the Beloved's
Will and Testament, the very pillar of our unity by claiming right to use the
term Baha’i to designate their personal activities.
The matter is therefore being taken to the courts, and as soon as possible
their excuses will be made a matter of public record. It will be seen whether
the present enemies of the Faith can succeed any better than those enemies who
have preceded them.
(Signed) National Spiritual Assembly Bahai News, Feb. 1940, No. 133.
The decision to take legal action for the protection of the Sacred right of the
Baha’i community represents a culmination of one aspect of the evolution of the
Faith in recent years which the newer believers have had little occasion to
consider or understand. To the older Baha’is, however, the preservation of the
basis of the unity and integrity of the community is a matter vital to faith
and inseparable from the experience of loyalty and service to the Cause. For
they have witnessed actual efforts to deny the validity of Abdu’l-Baha’s
mission and question the authority of His station. They have realized vividly
and poignantly how the very existence of the Faith depends on loyalty to
whosoever has received appointment from the Manifestation, They have
experienced the necessity of gathering their forces in order to assert the truth
and preserve the community from destruction. Such an experience is forever
unforgettable, for it means that conscious choice has been made between light
and darkness in the spiritual world.
The occasion for the legal action is definite and clear: the claim on the part
of non-Baha’is that there are no qualifications of faith in this Cause, but any
one is a Baha’i who asserts that he is; and that there is no criterion by which
to distinguish between authentic Baha’i literature and literature which some one
assumes is Baha’i; and there is no basis nor foundation in the Revelation of
Bahau’llah for the Baha'i community, with its institutions, its functions and
its collective powers and responsibilities grounded in authentic Books and
Tablets. In brief, the situation which has arisen is that persons who formerly
were believers but who withdrew from the Cause have denied the authority of the
Master’s Will and Testament. On no other grounds than denial of that mighty
Testament can their actions be understood, No compromise is possible. The
Baha’i community will assert the truth, and the issue can he left to God. The
Will and Testament itself is a victory over those who violated the Covenant in
the Master’s lifetime, and the Will and Testament invokes divine wrath upon all
who seek to destroy what He sacrificed His entire life and being to build.
(Signed) National
Spiritual Assembly.From Annual Report National Spiritual Assembly of the Baha’is of the United States and Canada, 1939-1940.
Actions taken at the meeting of the National Assembly held immediately
prior to the Convention include authorizations for continuance of Temple work .
. . and approval of the brief prepared by the attorney in connection with the
legal suit against the parties misusing the name Baha’i.
The friends are urged to give their careful attention to the passages in which
the Guardian refers to the nature of attacks against the Master and His Will
and testament appearing on pages 89 and 90 of the World Order of Bulia’u’llah.
Here we had the clearest statement in the writings for discussion of the New
History publication dated April, 1940, with new believers and with those who
attracted to the Faith who have not yet get background of understanding and experience
to discern the hollowness of any argument and claim based upon the failure to
accept the Will and Testament of Abdul Baha. The matter will soon come to
trial, and the friends can rest assured that the true nature of the Baha'i
Faith and of its Administrative Order will he established in accordance with
the power and scope of the written and authentic Teachings.
(Signed) National Spiritual Assembly.
Bahai News, June 1940, No. 136.
Significance of Justice Valente’s Decision
The decision handed down in the Supreme Court of New York by Justice Louis A.
Valente on April 1, 1941, is an epoch-making document for, although it refers
specifically to the Bahai Administration and The New History Society, its
contents have universal application, Eloquently and definitely, Judge Valente
has reaffirmed the validity of the Bill of Rights. In the case under review, he
denies to the National Spiritual Assembly of the Bahais of the United States
and Canada and the Spiritual Assembly of the Bahais of the City of New York a
monopoly on the word Bahai, thus constituting, in the name of the latest
revealed religion, a charter of freedom which shall stand as long as this
nation retains the character conferred upon it by its founders, I think that
will be always inspite of the perils that menace liberty in these sad times.
Thus, from now on, any sincere seeker after truth, who has realized its highest
"aspirations in the Bahai Cause, can term himself a follower of Bahaullah
and use his name without let or hindrance, No one can molest him or try to
undermine his service in the movement.
With this decision, the Cause of the Most Great Prisoner of Acca, which, even
as he, was always free in spite of appearances, has broken through the walls of
material confinement, and emerged as a spirit, a leaven, a consciousness a
gift,free and untrammeled, offered by God to every man on earth. Affairs are
dependent upon means, said Bahaullah. Through this decision of Judge Valente,
the Bahai Cause has been reconferred upon mankind.
Now that the case has been argued before the Supreme Court of New York and a
decision arrived at, let it be remembered, as this incident takes its place in
the annals of Bahai history, that Mrs.Chanler and I did not seek, this lawsuit
nor was it instituted by us. The differences of opinion between the National
Spiritual Assembly of the Bahais of the United States and Canada together with
the Spiritual Assembly of the Bahais of the City of New York and ourselves,
were brought before the public and inserted in legal records through no desire
on our part. It was a test placed in our path. We faced it with some
diffidence, albeit, light-heartedly; and surmounted it with a sigh of relief
and a deep sense of gratitude.
A Victory for All:
The minister of a New York church strikes a universal note in a letter to us:
"I feel that this is a victory for us all, since it involves decision rendered by Justice Valente."
THE AMENDED COMPLAINTS, SUPPLEMENTED BY BILLS OF PARTICULARS, ARE DISMISSED AS
INSUFFICIENT IN LAW,
Statement made by plaintiffs
1.The individual plaintiff’s sue, as members of the National Spiritual Assembly
and Trustees of the Bahais of the United States and Canada, The Spiritual
Assembly of Bahais of the City of New York, a religious corporation, is a
co-plaintiff.
The complaint alleges that the name Baha'i denotes a religion identified
with the name of the founder Baha.
2. The plaintiffs claim to be the authorized repre¬sentatives of all of the
Bahais of the United States and Canada.
3.They allege that they are publishing books and other publications which teach
Bahai religion.
4.They charge that the defendants, who were members prior to April 5, 1929, of
the Bahai Congregation of the City of New York, have been conducting, without
the authority of plaintiffs, meetings, lectures, classes, social gatherings and
other activities, and announcing and advertising the same as Bahai meetings,
lectures, classes, etc.
5.They complain that the defendants have been giving these meetings, lectures,
etc., a Bahai appearance and atmosphere by teaching, in connection therewith, a
religion described as the Bahai religion and that they have created an
erroneous impression that they are connected with and authorized to represent
the Bahai religion and to solicit contributions therefor.
6. In addition, plaintiffs complain of the opening of a book shop by the
defendants under the name of “Bahai Book Shop” and of the listing of the shop
in the telephone directory under the name, immediately over the name of “Bahai
Center” hich represents the listing of plaintiffs’ New York office and book
shop.
1.In the Court’s opinion, the complaint fails to state a good cause of action.
The plaintiffs have no right to a monopoly of the name of a religion.
2.The defendants, who purport to be members of the same religion, have an equal right to use the name of the religion in connection with their own meetings, lectures, classes and other activities.
3.No facts are alleged in the complaint to indicate that the defendants have been guilty of any act intended or calculated to deceive the public into believing that their meetings, lectures or book shop are identified with or affiliated with the meetings, lectures,etc, and book shop of the plaintiffs.
4.The Five Freedoms:
(a)Defendants have the absolute right to practice Bahaism.
(b) to conduct meetings,
(c) to collect funds,
(d) to sell literature in connection therewith,
(e)to conduct a book shop under the title of “Bahai Book Shop”
5.The bills of particulars furnished by the plaintiffs, stating that the
defendant created the erroneous impression that they were connected with the
plaintiff and led the public to believe that their book shop was connected with
the plaintiffs, were not based upon any acts of the defendants other than their
conducting meetings, lectures, classes and other activities tinder the name of
Bahai and their operation of a book shop under that name listed in the
telephone directory immediately above the name of the plaintiff book shop.
6.The position of the listing is, of course, due to the fact that the telephone
directory is arranged alphabetically, so that the name “Bahai Book Shop”
naturally precedes the name “Baha’i Center.”
7. The motion to dismiss the amended complaint is grunted, with leave to serve a further amended complaint within ten days from the service of a copy of this order, with notice of entry.
Order Signed.
The Most Important Point:
Although, in its original Complaint, the National Spiritual Assembly asserted
that it was the authorized representative of all the Bahais in the United
States and Canada, this claim was denied by our attorneys in their first
Memorandum, and their denial was sustained by the Court. Justice Valente ruled
that the plaintiffs have no right to a monopoly of the name of a religion. The
defendants, who purport to be members of the same religion, have an equal right
to use the name of the religion in connection with their own meetings,
lectures, classes and other activities. This is the most important point in
question; for, henceforth the National Spiritual Assembly cannot claim as it
has up to this time, that it is the sole representative of all the Bahais in
the land. There are now, and will be in increasing numbers, Bahais who would
not think it appropriate to be represented by the National Spiritual Assembly,
and whom the National Spiritual Assembly would not think it appropriate to
represent. The laws of this nation will be the practical guarantee of such
Bahais, who will turn their hearts to God in the service of Bahaullah and Abdul
Baha, without benefit of clergy.
A subject, which for a whole year has puzzled those interested in the case from
this end, has been the strange claim by the plaintiffs that we caused the name
Bahai Book Shop to be listed in the telephone directory of the Borough of
Manhattan, New York City directly over the name Bahai Center. This
assertion seemed to imply that we had used undue influence with the compilers
of this volume, or else that we had selected the appellation Book Shop quite
arbitrarily, and for the simple purpose of listing ourselves according to the
dictation of our fancy. They apparently overlooked the fact that we actually
were selling books, and that it would have been unfitting to name our shop, let
us say: Bahai Delicatessen or Bahai Dental Supplies, which naming would have
placed us under the letter D, and below Bahai Center, buat would not have
described the contents of the shop.
Read the complete book here!
Read the complete book here!
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