Since LCMS Inc. is denying that it has threatened legal action against Pastor Wilken and Jeff Schwarz, we at BJS thought that you should see the actual letter that LCMS Inc. sent them. Read it for yourself.
We have posted the letter at LCMSpolitics.org to make it easier to find in the future, and duplicate it below for our readers.
The PDF is here. The text of the letter is below.
Lynette Petruska, Esq.
Pleban & Associates, LLC
2010 south Big Bend Boulevard
St. Louis, Missouri, 63117
Re: ISSUES, ETC.; Our Ref 46324-80132
Enclosed is a courtesy copy of a Notice of Opposition filed on December 2, 2008 on behalf of The Lutheran Church-Missouri Synod against U.S. Trademark Application No 77/487,948 filed by Harry B. Madsen. Though Rev. Wilken and Mr. Schwarz are not parties to this TTAB proceeding, we wanted to provide you with a copy of this filing, as it relates to matters we have been discussing.
We received your November 13, 2008 letter, and were disappointed in your clients’ response to our draft Agreement. We have discussed the letter with The Lutheran Church-Missouri Synod, and find many of the points raised in your letter to be in direct contradiction to what we understood to be an agreement in principle. While it remains our strong preference to continue negotiations and resolve this matter amicably between the parties, unless your client is willing to negotiate in good faith to finalize a mutually acceptable agreement in the near future, along the lines that we were discussing last summer, we will be left with no alternative but to recommend that The Lutheran Church-Missouri Synod prosecute the opposition against Madsen’s application and take action against your clients to enforce its rights to the trademark.
Thompson Coburn LLP
Thomas A. Polcyn