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Litigation with SMOM
The following is a 2012 letter from Nicholas Papanicolaou regarding
the Trademark Litigation brought about by SMOM in 2011.
(See page #1 of the letter below - click to view PDF)
U.S. Federal Court of Appeals in SMOM v. Florida Priory of the OSJ
(See page #12 of the letter below - click to view PDF)
Dec 21, 2012
In a surprise decision presented above, the U.S. Federal Appeals Court issued a supplmentary UNANIMOUS decision under which the testimony on history and provenance of our Order that I gave, though not qualified as an expert historian, was allowed to stand. In its earlier decision the Appeal Court had decided two-to-one that my testimony should stand, but now even the dissenting Judge changed his mind and agreed that my testimony was allowed, and will stand.
The Appeals Court decision makes it clear, for the first time ever, that SMOM (the Vatican's Order of Saint John) and our Order share the same history and origins prior to 1798 AD, ie to the beginnings of the Order in 1048 AD.
Refer specifically to page 12 of the Appeal Court decision which states that SMOM and we share a history "through a common predecessor".
I am not aware of any other Order of Saint John that has gained this distinction.
Our thanks go to God for this additional and unexpected victory.
The glory is His.
We remain an Ecumenical Order and we highly regard all of our members that make up the four main branches of Christianity - Orthodox, Evangelical, Catholic (and Anglican), and Protestant.
Recently, the Sovereign Military Order of Malta (Vatican Order) filed charges claiming Trademark Infringement against our Order. However, on August 29, 2011, as determined by the UNITED STATES DISTRICT COURT - SOUTHERN DISTRICT OF FLORIDA our Trademarks were deemed valid and theirs (SMOM) have all been revoked. We did not initiate nor provoke this lawsuit, however we found ourselves having to defend the truth - we truly wish it had not been necessary.
The following public documents contain the Court's decision in the favor or our Order.
FINAL TRIAL JUDGMENT
Sept 29, 2012: THE COURT, having conducted a bench trial in this matter and having
issued its finding of fact and conclusions of law, hereby ORDERS AND ADJUDGES that
FINAL JUDGMENT IS HEREBY ENTERED in favor of Defendant, The Florida Priory
of Knights Hospitallers of the Sovereign Order of St. John of Jerusalem, Knights of
Malta, the Ecumenical Order ("Florida Priory") and against Plaintiff, Sovereign Military
Hospitaller Order of Saint John of Jerusalem of Rhodes and of Malta ("SMOM")
(See page #1 of the document below - click to view PDF)
THE COURT, having conducted a bench trial on this matter and having considered the
pertinent portions of the record, hereby ORDERS AND ADJUDGES that SMOM's
request for injunctive relief is DENIED.
(See page #21 of the document below - click to view PDF)