DrW wrote:While we have plenty of attorneys on the message board, this is not a forum concerned with the fine points of law.
Ah, so you're not interested in the facts of law, just whatever makes the best argument for your audience? Sounds familiar...
If we're talking about whether the CoJCoLDS can realistically change its "name" in the context of the discussion we're having, it's useful to talk about the specifics of intellectual property.
In my short search, I could only find one active (live) registered trademark for the name "Church of Jesus Christ." It belongs to what I can only assume is a small congregation in Pennsylvania. And, at that, it is on the supplemental register, meaning that the PTO doesn't consider it to be unique enough as it pertains to that entity to warrant a principal trademark. Marks on the supplemental register are much less likely to hold up in court should a lawsuit come about. My guess is that Kirton & McConkie could probably squash that little Pennsylvania church like a cockroach if it ever came down to it. I'd be willing to bet they've already done all the work I'm talking about, and feel fully confident they're fine on the IP front moving forward using "Church of Jesus Christ" in whatever context they want to.
In fact, the use of "Church of Jesus Christ" in the ways the church is currently using it might be a first step in trying to acquire the principal trademark. In order to register a trademark, you must demonstrate the use of the mark in a live setting (website, billboards, signage). So this could be the church beginning that process.
Either way from what I can tell off the bat, all this blowing smoke about the church infringing on someone's trademark is, well, just that. Blowing smoke.