THE HON. CHARLES A. LEGGE
News of this t97]Judgment deciding the outcome of the O.T.O.'s suit against
Marcelo Motta was received on the morning of July 12, 1985 E.V.Caliph
Hymenaeus Alpha's work was complete. He died peacefully later that day,
before news of the victory reached his ears. Some say that H.A. died a King
without knowing it, but I'm inclined to believe that he did.H.B.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
GRADY McMURTRY, WILLIAM E. HEIDRICK, P. SECKLER, H. PARSONS SMITH, JAMES
WASSERMAN, individuals, ORDO TEMPLI ORIENTIS, a California corporation,
THELEMA PUBLICATIONS, a business entity,
SOCIETY ORDO TEMPLI ORIENTIS, a corporation, THELEMA PUBLISHING COMPANY, a
corporation, MARCELO RAMOS MOTTA,
The action was tried from May 13, 1985, through May 17, 1985, before Charles
A. Legge, United States District Judge, sitting without a jury. The
plaintiffs appeared through their counsel Stuart I. MacKenzie. The defendants
appeared through their counsel Robert E. Mittel. Evidence, both oral and
documentary having been presented by both parties, the cause having been
argued and submitted for decision, the court having caused to be made and
filed July 10, 1985, its written Findings of Fact and Conclusions of Law; now
Judgment is entered as follows:
1. In favor of plaintiffs P. Seckler, Grady McMurtry, H. Parsons Smith, and
James Wasserman, individually and severally, and against defendants Marcelo
Ramos Motta (hereinafter ``Motta") and Society Ordo Templi Orientis
(hereinafter ``SOTO"), jointly and severally, on the third cause of action
of plaintiffs' complaint in the amounts of $10,000 general damages and
$25,000 punitive damages for each such plaintiff.
2. In favor of defendants Motta and SOTO and against plaintiff William E.
Heidrick on the third cause of action.
3. Declaring that:
(a) On the first cause of action of plaintiffs' complaint, defendants engaged
in unfair competition regarding the use of the name ``Ordo Templi Orientis,"
the initials ``OTO," and the insignia and other properties of plaintiff Ordo
Templi Orientis (hereinafter ``OTO").
(b) On the second cause of action of plaintiffs' complaint, defendants
infringed trademarks owned by plaintiff OTO.
(c) On the fifth cause of action of plaintiffs' complaint, defendants
unfairly competed in the use of the name ``Thelema."
(d) Defendants do not own or have the right to use any of the copyrights or
publications of Aleister Crowley.
(e) Defendant Motta is not the designated secular Outer Head of plaintiff
OTO, and has not been designated by any secular authority as Outer Head of
Ordo Templi Orientis.
(f) Defendants' purported registration of copyrights of material pertaining
to Ordo Templi Orientis are invalid because defendants did not and do not own
the material purportedly copyrighted.
(g) Plaintiffs did not breach any copyrights of defendants.
(h) Plaintiffs did not violate defendants' alleged trademarks regarding the
insignia of OTO.
(i) Plaintiffs did not violate defendants' alleged trademarks regarding SOTO.
(j) Plaintiffs did not violate any federal trademark regarding the name
``Ordo Templi Orientis" or the symbol ``OTO."
(k) Plaintiff OTO is entitled to the exclusive use of the trademarks and
names claimed by defendants, except that defendant SOTO has the continued
right to use the name ``Society Ordo Templi Orientis" and the initials
(l) Plaintiff Grady McMurtry owns the interest in Magick Without Tears
assigned to him by Aleister Crowley.
(m) Plaintiff OTO is entitled to the possession and ownership of (i) all
other materials copyrighted in the United States about Ordo Templi Orientis,
(ii) the archives of OTO, and (iii) all other writings by Aleister Crowley
which are not in the public domain.
(n) Defendants' purported registration of trademarks are invalid, because
defendants did not and do not own the marks, except those of SOTO.
4. Defendants Motta and SOTO, and agents, servants, employees,
representatives, successors and assigns acting for them, or in active concert
or participation with them, are permanently enjoined and restrained from:
(a) Using, registering, publishing, distributing, or infringing (i) the
copyrights, trademarks, trade names, service marks, and service names held
by plaintiff OTO; (ii) the name ``Thelema" when used as the publisher or
distributor of written material; (iii) all other titles of works used to date
by plaintiff OTO in various publications; (iv) all writings and publications
of Aleister Crowley which are not in the public domain; (v) the initials
"OTO"; and (vi) all titles of honor, emblems, insignia, registers, symbols,
or any other property or articles of plaintiff OTO.
(b) Representing (i) that Motta has been designated by any secular authority
as Outer Head of Ordo Templi Orientis, or (ii) that defendant SOTO is
authorized by any secular authority as the successor of the organization,
beliefs, and practices established and developed by Aleister Crowley and Ordo
5. All registrations undertaken by defendants, whether directly, indirectly,
or in their name, or any of the matters adjudged herein to be the property
of plaintiffs, whether purportedly registered as a copyright, trademark,
service mark, trade name, service name, or otherwise, are invalid, and at
plaintiff OTO's election, are to be rescinded and cancelled by the
appropriate government registration office, whether the United States Patent
and Trademark Office, the United States Copyright Office, or other.
6. Defendants take nothing on their cross-complaint.
7. Plaintiffs are entitled to their costs of suit in the amount of $1,245.21
Dated: September 10, 1985.
CHARLES A. LEGGE
UNITED STATES DISTRICT JUDGE