"); see also Dkt. S. Chase of the United States Supreme Council was elected Chairman and Samuel They worked under King David Supreme Grand Commander, said to have been organized in 1864 The This Council arose through West Indian migration, for Stephen Morin had propagated the Rite there. In the 1881 NY meeting, James A. Supreme Council for the Southern Jurisdiction (SC-SJ) Defendants' members, unhappy with how the situation was handled, thus departed from Plaintiffs' organization. Jurisdiction and Thornton A. Jackson expelled John G. Jones from the United Greetings from the officers and members of the Great Orient of Georgia Ancient and Accepted Scottish Rite of Freemasonry, Prince Hall Family. Ancient and Accepted Scottish Rite for the Southern and Western Masonic and Western, Thornton A. Jackson 33 rd , James O. Bampfield 33 rd , F.A. , of Washington, D.C., Magnus L. Robinson 33 rd , and R.B. Washington Mut. This council is the Supreme governing and administrative body of the 1963) ("[A] court, unquestionably, has the right to relieve a party of his judicial admission if it appears that the admitted fact is clearly untrue and that the party was laboring under a mistake when he made the admission. House of the Temple staff are pleased to welcome attendees and guests of Masonic Week and the Conference of Grand Masters in North America to the Washington, D.C. area this February. On the contrary, as described further below, the record reflects Defendants' attempts to differentiate themselves from Plaintiffs.The Court finds that the record reflects Defendants' intent to distinguish themselves from Plaintiffs' organization. with it's See at the Grand Orient of Philadelphia, in the State of Pennsylvania United Supreme Council, AASR, PHA Grand Orient of DC - Facebook Thus, prompting fraters to maintain fealty to Prince Hall Consistory, shift to the legitimate Occidental Consistory (organized in 1889) or secure fealty with the USC-SJ through other means. 71 at 8. 319 at 8. 86841790 ("United Supreme Council Ancient & Accepted Scottish Rite of Freemasonry Prince Hall Affiliation Southern Jurisdiction") was registered on February 14, 2017. See Dkt. 2005). Ill. Edward M. Thomas petitioned the King David Council, since he was residing in the District of Columbia, for the 33rd degree to be conferred on representative Masons in D.C., and on May 5, 1856, the conferment was made and a council was established. The National Cyclopedia of the Colored Race, Volume 1, 1919, Clement Richardson; The cutoff date for registration is July 7, 2023. 28. PRICE: $25.00 (S-XL) $27.00 (2XL) $29.00 (3XL)$32.00 (4XL) $35.00 (5XL), DESIGN PB-2: "AASR: Southern Jurisdiction" by The MAAC short-staffed . Failure to respond to an argument made in a dispositive pleading results in a concession of that claim. The United Supreme Council of Sovereign Grand Inspectors General of the Thirty-Third and Last Degree. Councils can only be set up by another Supreme Council. Defendants challenge the standing of both named Plaintiffs in this case: (1) the United Supreme Council, 33 Degree of the Ancient and Accepted Scottish Rite of Freemasonry, Prince Hall Affiliation, Southern Jurisdiction of the United States of America ("Plaintiff USC-SJ"); and (2) the United Supreme Council 33 of the Ancient and Accepted . Excelsior Consistory was organized by the Supreme Council for the United States (USSC) in 1888 and 1889. Grand PHA Scarves Plus is here to give you the ultimate scarve experience. The Fourth Circuit has required a determination that a likelihood of confusion exists by examining the allegedly infringing use in the context in which it is seen by the ordinary consumer. John The Supreme Council of the United States of America , it's Territories and Union King Frederick Supreme Council at Philadelphia, Pa., and is known as the United The Court finds that the mark is not strong or distinctive, and is in fact in common use. F. Clopton 33 rd has the honor of being the present Sovereign Grand Commander. The United Supreme Council, AASRM, 33rd And Last Degree Of Freemasonry, For The Southern and Western Masonic Jurisdiction, USA emerged out of a pursuit to inspire and support the masonic community, and a desire for actions to speak louder than words. On the contrary, it appears that the individuals who joined Defendants' organization did so because they understood the difference between Plaintiffs and Defendants, and because they wished to separate themselves from what they perceived as a criminal (or, at least, unethical) culture within Plaintiffs' leadership. Corp. v.Chen Zhou Guo , No. Ill. Ronald Cook . the following: We Defendants challenge Plaintiffs' claims on several grounds. See George & Co. LLC v. Imagination Entm't Ltd. , 575 F.3d 383, 398 (4th Cir. 23, 2010) ) (collecting cases). thirty-third and last degree of the Ancient and Accepted Scottish Rite of The Court denied the motion to amend, finding that "Plaintiffs unduly delayed in seeking to amend their Complaint and that the amendment is futile. However, Jones was eventually expelled from the USC-SJ due to actions resulting from his failure to achieve the Office of Sovereign Grand Commander in 1895. Supreme Councils have been established on nearly every . See Dkt. TX0008-210-759, effective date November 16, 2015, respecting their Constitution and General Regulations of the United Supreme Council, 33 Degree Ancient & Accepted Scottish Rite of Freemasonry, PHA, SJ, USA, Inc. Accepted Scottish Rite of Freemasonry for the Northern Masonic Jurisdiction of The Organization of the King David Supreme Council grew out of the conferring It is unsurprising, therefore, that Defendants would want to avoid any confusion between themselves and Plaintiffs. A second Consistory, Occidental Consistory, was organized in 1889 by the USSC. See Dkt. Freemasonry among colored Masons in the United States of America . John G. Jones and Richard M. Hancock were elevated to the Active Grade of the USC-SJ. While it is true that lack of legal capacity is an affirmative defense which must be raised in an answer, standing is a jurisdictional issue which may be raised at any time. Additional Supreme Councils were created and forcing multiple shifts in fealty. today, members then could have membership in more than one Masonic 256 at 16; New Amsterdam Cas. The Court will first address Plaintiffs' standing, and will then consider the merits of Plaintiffs' claims of tortious interference with contract, copyright infringement, trademark infringement, unfair competition, and conspiracy. 319 at 16 (offering as examples of confusion the depositions of Wells Fargo employee Adrian Shears, and members of Plaintiffs' organization such as Shelton Riddick). See Dkt. The USSC maintained its independent status despite originally agreeing to merged with the USC-SJ. Amanda Renee Ledford, The Dozier Law Firm, Ryan Chester Weir, Dozier Law Firm PLLC, Washington, DC, for Defendants. 5, Certificate of Incorporation). See Dkt. See Renaissance Greeting Cards, Inc. v. Dollar Tree Stores, Inc. , 227 Fed.Appx. It oversees the Scottish Rite in 35 states [4] (the other states fall within . - 1883-1895: John W. Dunmore Richard Carnell Baker, Baker Simmons, Washington, DC, for Plaintiffs. The three in the north to form one Supreme Jackson Southern and Western 1878 - 1881, ThorntonA. Copyright Registration No. 182; Dkt. 2130 ("Standing is to be determined as of the commencement of the suit."). Plaintiffs have no standing to bring a claim under 15 U.S.C. renders to the high school graduate. 44 at 69. Council of France. United Supreme Council of the 33rd Degree for Southern and Western Jurisdiction of the United States. is when the Supreme Councils of the Southern Jurisdiction (PHA) and the 256, Ex. See Bourbeau v. Jonathan Woodner Co. , 549 F.Supp.2d 78, 84-86 (D.D.C. Supreme Councils, held at the City of New York, in the State of New York, on Signed by Greener, John G. Jones, D.F. The National Cyclopedia of the Colored Race, Volume 1, 1919, Clement Richardson;The Western Appeal, March 24, 1888, p.1; Several of John G. Jones' loyalists from the USC-SJ shifted fealty to the JGJ-SC. United Supreme Council of the Sovereign Grand Inspectors General of the rd , Henry H. Dade 33 rd , John H. Smallwood 33 rd , Adolphus Hall 33 rd , and 33; Dkt. Sources: Scottish Rite (Masonic order). 319 at 10. Deputy of the Year for the United Supreme Council Southern Jurisdiction for the years 2010 and 2012 Award for Dedication and Commitment to W.C. Thomas Lodge 1997 Golden Link Volunteer Certificate of Recognition for Outstanding Community Service by Atlanta Journal Newspaper 1997 Handy is listed as a member of the Baltimore (Southern) Supreme Council, 6 at 167:19-168:8; Ex. problems we have today with so many different Masonic Orders. 320 at 17 41. We support our Scottish Rite Masonic Fraters through various community and social events. Wherever there are Prince Hall Scottish Rite Masons, there are Loyal Ladies. Council: William 319 at 16. See Dkt. G. Jones Southern and Western 1895 - 1914. Southern and Western, set up John G. Jones Consistory #1 in Washington D.C. United Supreme Council, 33 Degree v. United Supreme Council. Lone Star Steakhouse & Saloon, Inc. v. Alpha of Virginia, Inc. , 43 F.3d 922, 930 (4th Cir. He has focused on developing the organization with experience and integrity. All subsequent activities labelled Masonic by both after their suspension and expulsion are considered bogus. April 9 th 1881, a union was formed between the King David Supreme Council and First, the Court notes that Plaintiffs did not address Defendants' summary judgment arguments about unfair competition. These Its mission is to provide effective and suitable leadership for the membership of the Ancient Accepted Scottish Rite, Southern . After . See Spokeo, Inc. v. Robins , U.S. , 136 S.Ct. See McDonald's Corp. v. Turner-James , No. Council from 1856 1869 at which time they wanted to administer the Scottish The Scottish Rite Bodies and Auxiliaries Prince Hall Affiliation in the Orient of DC are under the obedience and auspices of the United Supreme Council 33, Ancient and Accepted Scottish Rite of Freemasonry, Prince Hall Affiliation, Southern . By 1896, Jones and his supporters including Dorsey Seville immediately moved incorporate Prince Hall Consistory under the bogus Supreme Council on March 26, 1896. See Dkt. 33 rd , as its M. P. Sov. Williams 33 rd formerly of New Orleans, La., The Court heard oral arguments on March 9, 2018. Va. 2015). Lodge and the Most Worshipful Grand Lodge A. F. & A. M. These two Grand Smith issued an edit forbidding any member to hold membership in this 2. Defendants argue that Plaintiff USC-SJ has failed to establish that it is either a natural person or a legal entity. Dismiss, PHA Scarves Plus High Definition Woven Scarves. Sovereign Grand Inspector General Hannibal M. Cox Sr. Sovereign Grand Inspector General Frank M. Summers, Sovereign Grand Inspector General Robert E. Harper elected Grand Recording Secretary from 1947-50, Sovereign Grand Inspector General Frank M. Summers elected Lieutenant Grand Commander from 1968-74. By 1906, they joined Occidental reducing the Illinois Consistories down to one under the leadership of the following Illustrious Commanders-In-Chief:- 1904: Robert C. Waring Plaintiffs acknowledged that "[t]his Plaintiff was incorrectly identified as a Tennessee non-profit corporation in the First Amended Complaint." Plaintiffs are therefore in an unusual position; they have admitted that they are not a Tennessee corporation, as plead in the operative Complaint, but they have made no showing as to any other legal existence. See Dkt. 319 at 6. you look at the office of M. P. Sov. See Dkt. In January of 1913, Sovereign Grand Commander James F. Rickards of the USC-NJ secured an agreement with Bish and Richard E. Moore, who had already shifted fealty to the USC-NJ. Occidental was under the leadership of the following Illustrious Commanders-In-Chief: Southern and Western and other organizations which use our corporate name and America, Grand East at Philadelphia, Pa. (United States Supreme Council backed One week later, in October 1896, during the second Annual Session of The United Supreme Council Ancient and Accepted Scottish Rite of Freemasonry for the Southern and Western Masonic Jurisdiction of the U.S.A. and Canada (John G. Jones Supreme Council) held in Washington, DC, Illustrious Shook was elected as the Illustrious Grand Keeper of the . April 24, 2023 . Thornton Jackson represented the Southern and Western NEW ORLEANS, LA. In to Balthasar Assembly #69, Marquette-Joliet Consistory #104 organized with Neal Carson as Commander-In-Chief, Sovereign Grand Inspector General Eddie Winifred "Doc" Helm, Sovereign Grand Inspector General Charles J. Stewart, Sovereign Grand Inspector General James Gayles. Co. v. Waller , 323 F.2d 20, 24 (4th Cir. Defendants challenge the standing of both named Plaintiffs in this case: (1) the United Supreme Council, 33 Degree of the Ancient and Accepted Scottish Rite of Freemasonry, Prince Hall Affiliation, Southern Jurisdiction of the United States of America ("Plaintiff USC-SJ"); and (2) the United Supreme Council 33 of the Ancient and Accepted Scottish Rite of Freemasonry (Prince Hall Affiliation) Southern Jurisdiction U.S., Grand Orient at Washington, District of Columbia ("Plaintiff Grand Orient"). P. 9(a) ; see also Definitive Res., Inc. v. United States , No. John 239, 245 (4th Cir. the year 1856, several members of Washington DC petitioned King David Supreme Here, Plaintiffs attempt to characterize Count I of the Amended Complaint, which alleges unfair competition under Virginia common law, as a Section 43 Lanham Act claim. Thornton A. Jackson from the United Supreme Council Southern and Western During its period of dissolution, a corporation is "shorn of all its powers and rights, save for those expressly reserved by the statute for the purpose of winding up its affairs (i.e., collecting assets, discharging obligations, and distributing property)." The Scottish Rite in the State of Illinois originates from the SC-SJ and USSC. Grand In 1913, Occidental performed its final declaration of fealty to the USC-NJ which was the final shift that stabilized the Scottish Rite in the Orient of Illinois as outlined by the following timeline: organized in Chicago by the SC-SWJ with Richard M. Hancock as Commander-In-Chief, Northern Jurisdiction organized by consolidation of KDSC and KFSC, Southern Jurisdiction organized by consolidation of SC-SWJ and SC-SJ, Organized as the second African American Consistory in Chicago by the USSC, Northwest Jurisdiction organized by Milton Fields who was expelled from the USC-NJ and USC-SJ, John G. Jones organizes bogus Supreme Council (JGJ-SC) after 1895 election loss in USC-SJ and expulsionPrince Hall Consistory incorporated as a subordinate Consistory under JGJ-SC by Jones, Prince Hall Consistory and Excelsior Consistory consolidate into a single Consistory (Occidental) under the SC-NWJ after the expulsion of Jones from Freemasonry, Oath of Fealty administered by Sovereign Grand Commander James F. Rickards to members of Occidental Consistory on January 22, 1913 numbering the Consistory as #28 on the rolls of the USC-NJOrient of Illinois under the USC-NJ PHA is organized, Sovereign Grand Inspector General Egbert S. Dickerson, Sovereign Grand Inspector General Richard E. MooreMoore elected Lieutenant Grand Commander from 1914-20 while serving as Deputy, After the 1917 Annual Session of the USC-NJ, Occidental changed its name to Western Consistory #28, Menelik Consistory #49 organized in East St. Louis with George Donegan as Commander-In-Chief, Hiram Consistory #51 organized in Cairo with Charles A. Bowlar as Commander-In-Chief, Sovereign Grand Inspector General Robert James Beverly Ellington, Sovereign Grand Inspector General Dr. Walter N. Thomas, Tyree Consistory #64 organized in East St. Louis with B.B. See Dkt. Gray 33 Moreover, the Court declines to enforce Plaintiffs' purported contractual right to maintain control and membership of individual Masons, due to the serious First Amendment implications of same. Supreme Council for the Southern Jurisdiction. Summary judgment is appropriate if the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." The term "copying" is interpreted broadly and encompasses the infringing of any of the copyright owner's exclusive rights. appointment by each of a Grand Representative near the other. Id. , and presided over by the Ill. George W. Roper, 33 rd , M. P. Sov. It cannot, therefore, assert injury arising from Defendant United Supreme Council's acts which were made in reliance on Plaintiff's dissolution. an incorporated non profit corporation since 1895 in good standing in See Dkt. It provides newer, and more Jackson Southern and Western 1889 1895, John The Organization of the King David Supreme Council grew out of the conferring in Philadelphia (1850) of the 33rd Degree by Count DeSaint Laurent (also, Larine) of the Supreme Council of France and the Grand Commander of the Council of Spain on David Leary, the first Black Inspector-General of the Prince Hall Scottish Rite. Va. 2003) ; 17 U.S.C. Here, Plaintiffs fail the first prong. c/o M.W. Plaintiffs do not dispute that the trademarks at issue in this case were not registered at the time the Amended Complaint was filed on January 3, 2017. Supreme Council in 1871. David Supreme Council was set up by Count de St. Laurent 33 rd of the Supreme United Supreme Council Museum. A. S. Rite of 2008) (finding that a corporation could not establish standing to sue with respect to events and injuries that occurred before its reinstatement because while the corporation's charter was revoked it existed only for the limited purpose of winding up its affairs). do hereby make it known unto you that there are only two regular and legal at 940 n.10. By 1904, both Jones and William Gray had become expelled from Freemasonry by the MWPHGL of Illinois and other jurisdictions. & A.M. of West Virginia v. Most Worshipful Prince Hall Grand Lodge of West Virginia, A.F. Va. 2012) (citing Kinetic Concepts, Inc. v. Convatec Inc. , No. The Order of the Golden Circle is the womens auxiliary of the United Supreme Council, 33, Ancient & Accepted Scottish Rite of Freemasonry, Prince Hall Affiliation, Southern Jurisdiction, USA, Inc. Once a member purchases regalia, it is his private property. Grand Commander was rotated between Despite extensive discovery and briefing on this issue, the best evidence of infringement Plaintiffs can provide is a deposition in which one of the Defendants states that Defendants have drafted a Constitution, which is not yet final and has not been distributed to members. Consistory #1 has been active in Washington, D.C. since 1895 and is the oldest Here, despite extensive discovery, Plaintiffs point to only eight examples of confusion, including those identified above as not involving members of the consuming public. There is a difference between the capacity to sue, which is the right to come into court, and the standing to sue, which is the right to relief in court. 45 talking about this. 05-804. 25 at 256:5-18. To prevail on a claim of unfair competition, therefore, a plaintiff must show that: (1) it possesses a mark; (2) the defendants used the mark in commerce; (3) the defendants used the mark "in connection with the sale, offering for sale, distribution, or advertising" of goods or services; and (4) the defendants used the mark in a manner likely to confuse consumers. The first Scottish Rite organization among African-Americans was the African Grand Council of 1820 in Philadelphia, which was referred to as the Council of Princes of Jerusalem. The Court will not review matters previously addressed, but will turn directly to the issues raised by Defendants' Motion for Summary Judgment. 29-106.02(c). No manual registration forms will be processed after July 10th. With Excelsior's formation in 1889, two Consistories operated through 1896 - Prince Hall (USC-SJ) and Excelsior (USSC). (USC-NJ) and the United Supreme Council, Southern Jurisdiction (USC-SJ) in 1881, it did not move forward as planned due to a lawsuit introduced by John G. Jones and Edward H. Morris on behalf of Prince Hall Consistory. Leadership through stewardship and incorporating feedback throughout the Jurisdiction to improve our organization. The Fourth Circuit has noted that "[t]he test for trademark infringement and unfair competition under the Lanham Act is essentially the same as that for common law unfair competition under Virginia law because both address the likelihood of confusion as to the source of the goods or services involved." However, both parties agree that USC-SJ is not a Tennessee corporation, and the Court declines to adopt a fact where the fact is clearly untrue simply because Defendants made an admission in their Answer. Pulis 33 rd , and Richard H. Gleaves 33 rd D. C., and is known as the United Supreme Council for the Southern and Western For these reasons, the Court grants summary judgment on Count V. To prove copyright infringement, a plaintiff must show (1) that he owned the copyright to the work that was allegedly copied, and (2) that the defendant copied protected elements of the work. 4, 2014) (noting that in such cases, the trial judge may draw on his own experience to make an informed judgment as to likelihood of confusion). See generally Dkt. Jurisdiction. Plaintiffs' only rebuttal to this assertion is to claim that the issuance of a trademark registration by the United States Patent and Trademark office creates a presumption that a mark is not generic. 1869 Southern and Western Washington William H. Thomas, 4 of Supreme Councils in the United States . See Dkt. in 1870. Without an underlying tort, there can be no cause of action for a conspiracy to commit the tort. Consistory in our Supreme Council). 4th 662, 669, 69 Cal.Rptr.3d 87 (2007). On October 9, 2017, Plaintiffs filed a Motion for Leave to File a Second Amended Complaint, requesting, among other things, leave to amend to "reflect that the first named Plaintiff [USC-SJ] is, and has operated as, a D.C. unincorporated non-profit social, charitable, and fraternal association." See Matsushita Elec. Mar. On 319. As such, the three Supreme Councils continued operations and expansion across the country. Grand Master Hamilton The capacity of a corporation to sue or to be sued is determined by its state's law of incorporation. The United Supreme Council Foundation is dedicated to transforming the lives of children, families, veterans and our aging population through improving their education, health and family economic stability. Scottish Rite Freemasonry today can be found throughout the world. In the absence of a registered trademark, Plaintiffs cannot claim trademark infringement under Section 32, which entitles "the registrant" to sue for trademark infringement. Thus, having considered all the factors relevant to a likelihood of confusion in light of the evidence and in light of parties' arguments in the pleadings and at the motion hearing, the Court concludes that Plaintiffs' claim of unfair competition must fail. & A.M , 90 W.Va. 424, 111 S.E. By the turn of the 20th Century, Illinois had become home to multiple Supreme Councils. The organization was founded in 1907 by then Lt. Grand Commander and Ill. Deputy of the District of Columbia Robert Pendleton, 33 and his wife, and organized by Ill. Andrew Laster, 33, as the official auxiliary of the United Supreme Council, 33, Ancient & Accepted Scottish Rite of Freemasonry, Prince Hall Affiliation, Southern Jurisdiction, USA, Inc. Our goal and our motto has always been "Peace and Unity". 2005 WL 7873649, at *6 (E.D. See Dkt. You have Member Dues that are outstanding. It in turn conferred the degrees on Washington , D.C. by one Baron A. Hugo De Bulow, at one time a member of the Supreme Council of Celotex Corp. v. Catrett , 477 U.S. 317, 322, 106 S.Ct. 1895 John G. Jones, Lt. Sovereign Grand Commander of The United Supreme Council degree Masons fromWashington , D.C. to This is the Official Page of the United Supreme Council, 33, Southern.
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