Settled out of court with both sides making concessions
Pe*ler v. TWI
Depositions of TWI leaders finished last week and Trial expected beginning of year.
TWI v. Robe*ge
Discovery phase of arguing over documents and written questions. I filed a motion for summary judgment against TWI's complaint, and am awaiting judge's ruling on my amended counterclaim including violation of the rackettering act.
I just sent the names of my first witnesses, and will be "grilled" under the lights by TWI's attorney's on the 14th and for probably a week or two after when they depose me. TWI's attorneys are looking for ways in my opinion to churn or pad their billable hours, so they will probably be long-winded asking the same questions over and over to fill in the time.
The new case about the cemetary controversy: I talked to my court clerk friend and I have a copy of the case coming. I expect to post it next week.
Sorry I have been busy writing pleadings in my case.
I had some time this afternoon and the documents you seek are at: www.twisucks.com in the lawsuits section.
If you want to read some really convoluted stuff TWI wrote, read the Early Neutral evaluator statement under my lawsuit. It is enough to make your head spin
PS: TWI called me a former member in the above ENE statement
quote: TWIM abandoned the use of the name "The Way International."
They only agreed to do so in the United States. Almost all of TWIM's activities are in other countries where they can still use their name. This was TWI's concession.
Both sides made compromises to avoid the long drawn out litigation that could result. Both of TWIM's principals ran large law firms and time is money....
TWIM also settled before an actual hearing was made on the evidence. I intend to go all the way to a jury trial. I have ex-members who want to testify about their experiences in TWI, and two police officers who are going to testify about investigations they have done of TWI :)-->
quote:They only agreed to do so in the United States. Almost all of TWIM's activities are in other countries where they can still use their name. This was TWI's concession.
That's a half-truth at best, and you know it.
quote:It is understood that TWIM will continue using the name "The Way International Ministries, Inc." for its activities in foreign countries outside of the United States and its territories, but that it does (sic) at its own risk and subject to legal action in the event it violates TWI's rights in those foreign countries. Nothing in this Agreement shall be construed as TWI granting its license, authorization, approval, agreement, endorsement or permission to TWIM to use the name "The Way International Ministries, Inc."
Seems to me that TWI has the upper hand on that count.
Both sides made compromises. That is true. TWI decided not to go after TWIM for any past violations of TWI's enforceable trademark. They agreed not to sue TWIM for any money raised in the past using the TWIM name.
TWIM, on the other hand, agreed to stop using the name in the United States, and understands that they may be sued if they use it outside the United States (depending on the circumstances, laws, etc).
Dude, this is as lopsided a "settlement" as I've ever seen.
Looks like TWIM is specifically banned from helping you in your lawsuit, too.
TWIM abandoned its opposition to TWI's trademark.
TWIM got SPANKED. There's no other way to read this.
It was as complete a legal victory as TWI could have hoped for. If you check the Exhibits to the Settlement Agreement, you'll see that the court found in TWI's favor on every contested point and that the trademark opposition was withdrawn with prejudice in TWI's favor.
TWI conceded none of its trademark rights or any other legal issue. Rather, the rights TWI claimed and the legal issues it raised were all upheld.
Just doing a Yahoo! search with the words "the way" in quotes just like you read them here, I found many groups, organizations, songs, books and movies with the words "the way" in them.
Some of them have only the words "the way".
Not all of them are religious.
Red Hot Chili Peppers did a song titled "By the Way". One of Clay Aiken's singles is titled "The Way". Mariah Carey co-wrote and recorded a song titled "Lead The Way".
Taoism has always been know to its fold as "the way".
There is an organization called, "The Way Out Ministries" in CA that was formed to answer the needs of youth in LA and surrounding areas so they don't have to join gangs or do drugs etc.
There is a "Preparing the Way, Incorporated" with radio and TV broadcasts and all the fun little doodads that go with a fully functional ministry.
These are just the highlights from the first 80 search results of about 311,000,000 for "the way".
Yet twi claims (in TWI v P Roberge) to own "incontestable federal registrations for marks comprising and containing the term THE WAY"....
Personally, if Pat can make it through all of the legal stalling and pure BS that twi is throwing at him, and if he can hold up without being afraid or without letting other things prevent him from moving forward, I think the man's got a chance.
Wouldn't it be wonderful for twi to have to answer to all of those 311,000,000 search results and explain to them why twi has ownership of the words "the way"...?
As far as I know, settlement does not mean that the courts found a darned thing...settlement only means that the two parties came to terms outside of the courtroom and the court accepted those terms.
I find this a worthy effort to fight back against twi's BS...so worthy, in fact, that I am emailing the links to the legal documents to every one of those search results with email addresses...
So that they can all be informed of what a sniping, groping, control-hungry little cult twi really is!
Maybe you should have sent all those web sites to TWIM (which got spanked).
Seems to me that TWIM had lawyers advising their client. Seems to me they folded like a cheap card table when faced with the raw facts of a legal case. I'm disappointed, because they really came up with the name independently of any knowledge of TWI. But the raw fact is they lost on every major point.
Pat, good luck. But if you ever asked for a sign as to whether you should continue this fight, I think you got it, posted it, drew all the wrong lessons from it, and are now in for a bumpy ride.
By the way , I wonder if The Way Ministries has a legal team that will withstand a challenge from TWI once their lawyers get a load of their Web site (and now that you've posted the link, it's a sure bet that TWI knows about it).
Well, I sure hope others who will probably find themselves in court with twi will not fold like a house of cards.
When I found The Way Ministries site and read that legal notice thingy, I figured they either knew what they were getting into...or knew something else. I sent them an email, too.
I'm hoping that twi will get so wrapped up in their own legal ropes that they hang themselves...either by running the organization broke on legal cost or by screwing up because they're so confused...or both.
Yeeeeeeeeeehawwwwwwwwww!!!!!!!! What a day that would be!
Maybe twi will grow a set of balls and go after people like Barbara Streisand (for "The Way We Were") and others who could and would stomp all over their sorry little hairless butts and twi will go home spanked and crying like any other snot-nosed spoiled little kid.
quote:When I found The Way Ministries site and read that legal notice thingy, I figured they either knew what they were getting into...or knew something else. I sent them an email, too.
You're probably right. I wouldn't put my money on them winning, though. TWIM tried and got spanked. (Did I mention they got spanked?)
Also, save your time on incidental references to the words "The Way." TWI is not going to go after KC and the Sunshine Band (That's the Way, uh huh uh huh). They're not going to go after Fastball ("Where were they goin without ever knowin the way").
They're going to go after ministries that use the words "The Way," "The Way International" or "The Way Ministry" in a manner that would conceivably cause confusion with their trademark. The Way Ministries is vulnerable. TWIM got spanked (did I mention that)? The Way of New York folded like a trained yoga master. The fact that The Way Ministries knew about TWI's trademark makes their use of the name more actionable, not less. If they're challenged, I do wish them luck too. And fortitude: perhaps more than TWIM (which, incidentally, got spanked).
quote:TWIM also settled before an actual hearing was made on the evidence. I intend to go all the way to a jury trial. I have ex-members who want to testify about their experiences in TWI, and two police officers who are going to testify about investigations they have done of TWI.
If you're allowed to introduce any of this "evidence," I'll be (pleasantly) surprised. If I were judging this case, I'd laugh at any effort you made to introduce it, as not one iota of it is relevant to a case of trademark infringement.
As far as I know, settlement does not mean that the courts found a darned thing...
The following quote from page 2 of the final judgment (page 10 of THIS pdf document) sure means that the court found something.
quote:This Court finds that TWIM has used the name “The Way International Ministries, Inc.” in a trademark/service mark manner; that said use is confusingly similar to TWI’s name and marks THE WAY INTERNATIONAL and THE WAY; and that TWIM’s use of its name infringes each of these marks.
All I know is what I read without any legal training or claim to any legal training or anything else that can be considered in any way anything but a sleepless housewife in a wheelchair late at night grasping for an understanding, via her "some college" education from public schools, of what she reads.
Having quickly scanned the document linked above, it is clear that the court's findings here are based upon what TWIM admitted to freely and for the purpose of settlement.
Correct me if I'm wrong, but that's not the same as the court finding anything except that TWIM admitted to such things.
What happened to all the bragging about the group being such legal eagles? I think they are and their decisions show they knew they couldn’t win so the got out while the getting was good. Go back and read their credentials, they knew not to let this get to a jury.........
Please do not take what I have said in response to your posts personally.
I have a whole lot of anger towards twi.
Often when I post about twi, I am posting to those twi innies who are skulking around here seeking opportunity...behaving in the manner in which they are described to behave in Jude 1...
And I am not particularly responding to the person who posted.
Likewise, I hope you don't take anything I've written personally, as a refutation of your anger or something like that. I'm just considering the actual legal issues, not making an assessment of TWI as an organization or the practices and teachings that you rightly condemn.
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Cherished Child
Come on, surly somebody knows when these things are going to court...!
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pjroberge
Dear CC,
Your answers are:
The way international ministries v.TWI
Settled out of court with both sides making concessions
Pe*ler v. TWI
Depositions of TWI leaders finished last week and Trial expected beginning of year.
TWI v. Robe*ge
Discovery phase of arguing over documents and written questions. I filed a motion for summary judgment against TWI's complaint, and am awaiting judge's ruling on my amended counterclaim including violation of the rackettering act.
I just sent the names of my first witnesses, and will be "grilled" under the lights by TWI's attorney's on the 14th and for probably a week or two after when they depose me. TWI's attorneys are looking for ways in my opinion to churn or pad their billable hours, so they will probably be long-winded asking the same questions over and over to fill in the time.
The new case about the cemetary controversy: I talked to my court clerk friend and I have a copy of the case coming. I expect to post it next week.
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Tom Strange
WOW... the way international ministries settled out of court? ...got any partiulars anywhere Pat? ...or links to them?
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pjroberge
Dear Tom,
Sorry I have been busy writing pleadings in my case.
I had some time this afternoon and the documents you seek are at: www.twisucks.com in the lawsuits section.
If you want to read some really convoluted stuff TWI wrote, read the Early Neutral evaluator statement under my lawsuit. It is enough to make your head spin
PS: TWI called me a former member in the above ENE statement
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Raf
Umm, yeah, they settled...
TWIM abandoned the use of the name "The Way International."
That's not a settlement. Looks to me like TWIM got spanked.
And the thing is, they arrived at their name innocently, with no intent whatsoever to draw the attention of TWI or anyone else.
Pat, I still hope your lawsuit goes well, but in light of the fact that TWIM had to make these changes...
Well, good luck.
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pjroberge
Raf:
They only agreed to do so in the United States. Almost all of TWIM's activities are in other countries where they can still use their name. This was TWI's concession.Both sides made compromises to avoid the long drawn out litigation that could result. Both of TWIM's principals ran large law firms and time is money....
TWIM also settled before an actual hearing was made on the evidence. I intend to go all the way to a jury trial. I have ex-members who want to testify about their experiences in TWI, and two police officers who are going to testify about investigations they have done of TWI
:)-->
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Raf
That's a half-truth at best, and you know it.
Seems to me that TWI has the upper hand on that count.
Both sides made compromises. That is true. TWI decided not to go after TWIM for any past violations of TWI's enforceable trademark. They agreed not to sue TWIM for any money raised in the past using the TWIM name.
TWIM, on the other hand, agreed to stop using the name in the United States, and understands that they may be sued if they use it outside the United States (depending on the circumstances, laws, etc).
Dude, this is as lopsided a "settlement" as I've ever seen.
Looks like TWIM is specifically banned from helping you in your lawsuit, too.
TWIM abandoned its opposition to TWI's trademark.
TWIM got SPANKED. There's no other way to read this.
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LG
It was as complete a legal victory as TWI could have hoped for. If you check the Exhibits to the Settlement Agreement, you'll see that the court found in TWI's favor on every contested point and that the trademark opposition was withdrawn with prejudice in TWI's favor.
TWI conceded none of its trademark rights or any other legal issue. Rather, the rights TWI claimed and the legal issues it raised were all upheld.
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CoolWaters
Very interesting little site...
Just doing a Yahoo! search with the words "the way" in quotes just like you read them here, I found many groups, organizations, songs, books and movies with the words "the way" in them.
Some of them have only the words "the way".
Not all of them are religious.
Red Hot Chili Peppers did a song titled "By the Way". One of Clay Aiken's singles is titled "The Way". Mariah Carey co-wrote and recorded a song titled "Lead The Way".
Taoism has always been know to its fold as "the way".
There is an organization called, "The Way Out Ministries" in CA that was formed to answer the needs of youth in LA and surrounding areas so they don't have to join gangs or do drugs etc.
There is a "Preparing the Way, Incorporated" with radio and TV broadcasts and all the fun little doodads that go with a fully functional ministry.
These are just the highlights from the first 80 search results of about 311,000,000 for "the way".
Yet twi claims (in TWI v P Roberge) to own "incontestable federal registrations for marks comprising and containing the term THE WAY"....
Personally, if Pat can make it through all of the legal stalling and pure BS that twi is throwing at him, and if he can hold up without being afraid or without letting other things prevent him from moving forward, I think the man's got a chance.
Wouldn't it be wonderful for twi to have to answer to all of those 311,000,000 search results and explain to them why twi has ownership of the words "the way"...?
As far as I know, settlement does not mean that the courts found a darned thing...settlement only means that the two parties came to terms outside of the courtroom and the court accepted those terms.
I find this a worthy effort to fight back against twi's BS...so worthy, in fact, that I am emailing the links to the legal documents to every one of those search results with email addresses...
So that they can all be informed of what a sniping, groping, control-hungry little cult twi really is!
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CoolWaters
Dang! My reply here got grabbed by the filters for using P's last name or something.
Sigh.
It's a good one, imo! So hold your breath y'all!
;)--> 
:D--> 
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Raf
Maybe you should have sent all those web sites to TWIM (which got spanked).
Seems to me that TWIM had lawyers advising their client. Seems to me they folded like a cheap card table when faced with the raw facts of a legal case. I'm disappointed, because they really came up with the name independently of any knowledge of TWI. But the raw fact is they lost on every major point.
Pat, good luck. But if you ever asked for a sign as to whether you should continue this fight, I think you got it, posted it, drew all the wrong lessons from it, and are now in for a bumpy ride.
Good luck.
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Raf
By the way , I wonder if The Way Ministries has a legal team that will withstand a challenge from TWI once their lawyers get a load of their Web site (and now that you've posted the link, it's a sure bet that TWI knows about it).
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CoolWaters
Wow! That got through quick!
Well, I sure hope others who will probably find themselves in court with twi will not fold like a house of cards.
When I found The Way Ministries site and read that legal notice thingy, I figured they either knew what they were getting into...or knew something else. I sent them an email, too.
I'm hoping that twi will get so wrapped up in their own legal ropes that they hang themselves...either by running the organization broke on legal cost or by screwing up because they're so confused...or both.
Yeeeeeeeeeehawwwwwwwwww!!!!!!!! What a day that would be!
Maybe twi will grow a set of balls and go after people like Barbara Streisand (for "The Way We Were") and others who could and would stomp all over their sorry little hairless butts and twi will go home spanked and crying like any other snot-nosed spoiled little kid.
(Gawd! I've got an attitude tonight, huh?)
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Raf
You're probably right. I wouldn't put my money on them winning, though. TWIM tried and got spanked. (Did I mention they got spanked?)
Also, save your time on incidental references to the words "The Way." TWI is not going to go after KC and the Sunshine Band (That's the Way, uh huh uh huh). They're not going to go after Fastball ("Where were they goin without ever knowin the way").
They're going to go after ministries that use the words "The Way," "The Way International" or "The Way Ministry" in a manner that would conceivably cause confusion with their trademark. The Way Ministries is vulnerable. TWIM got spanked (did I mention that)? The Way of New York folded like a trained yoga master. The fact that The Way Ministries knew about TWI's trademark makes their use of the name more actionable, not less. If they're challenged, I do wish them luck too. And fortitude: perhaps more than TWIM (which, incidentally, got spanked).
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Raf
If you're allowed to introduce any of this "evidence," I'll be (pleasantly) surprised. If I were judging this case, I'd laugh at any effort you made to introduce it, as not one iota of it is relevant to a case of trademark infringement.
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CoolWaters
Awwwww Raf! Can't a girl have a fantasy life? (And one without the underdogs getting spanked?)
:D-->
Maybe all these little ministries and churches and organizations will get their heads together and fight via a united front.
I mean, seriously, it offends me to no end that twi claims an ownership of the words that my very good friend Jesus used of himself.
I'm glad twi is so proud of their ability to sicken people, too...because pride is one of the 7 that will do in twi in the end.
See, TWI, sooner or later you're gonna run into the dude who originally coined the term "the way"...
Then you're gonna get it, uh huh, uh huh!
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LG
The following quote from page 2 of the final judgment (page 10 of THIS pdf document) sure means that the court found something.
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LG
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CoolWaters
I'm no attorney and I don't play at being one.
All I know is what I read without any legal training or claim to any legal training or anything else that can be considered in any way anything but a sleepless housewife in a wheelchair late at night grasping for an understanding, via her "some college" education from public schools, of what she reads.
Having quickly scanned the document linked above, it is clear that the court's findings here are based upon what TWIM admitted to freely and for the purpose of settlement.
Correct me if I'm wrong, but that's not the same as the court finding anything except that TWIM admitted to such things.
I dunno.
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CoolWaters
OK...if you say so...
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CoolWaters
Not really, now that I think about it...
But I'm very tired and I'm going to bed now.
Who knows what the heII I'm gonna think about this whole thing tomorrow.
I can and do change my mind as often as I please these days.
So sue me. Really. My post-menopausal, insulin resistant, aching bones and joints, fat-a$$ed self is itching to get into a good brawl these days...
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Grizzy
What happened to all the bragging about the group being such legal eagles? I think they are and their decisions show they knew they couldn’t win so the got out while the getting was good. Go back and read their credentials, they knew not to let this get to a jury.........
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CoolWaters
Exactly, Grizz. For both sides.
****************
Long Gone,
Please do not take what I have said in response to your posts personally.
I have a whole lot of anger towards twi.
Often when I post about twi, I am posting to those twi innies who are skulking around here seeking opportunity...behaving in the manner in which they are described to behave in Jude 1...
And I am not particularly responding to the person who posted.
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LG
CW,
Likewise, I hope you don't take anything I've written personally, as a refutation of your anger or something like that. I'm just considering the actual legal issues, not making an assessment of TWI as an organization or the practices and teachings that you rightly condemn.
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