Owner of domain
westernorthodoxy.org:

Dominic Martin
4521 S. Hopkins Ave.
Titusville, FL. 32780

----------------------------------------------

COMPLAINT

Most Rev. Victor Prentice, The Holy Eastern Orthodox Catholic and Apostolic Church in North America, Inc.
PO Box 121 Sudan, TX. 79371
www.theocacna.org
Main 806-227-2214

Notification of Claimed Copyright Infringement

Notification of Continued Copyight Infringement

Notification of Claimed Service Mark Infringement

Notification of Corporate Identity theft

Notification of perceived Defamation

(i.) The physical or electronic signature of the undersigned is the complaining party and owner of an exclusive right that is allegedly infringed.

(ii) This identifies the owner of this intellectual property namely the Copyrights and Service Marks mentioned in this complaint: Most Rev. Victor Prentice, Archbishop-President of The Holy Eastern Orthodox Catholic and Apostolic Church in North America (Original Corporation in Mass. Feb. 1, 1928), P.O. Box 121, Sudan, TX 79371
806-227-2214

The website you host westernorthodoxy.org publishes our Church name, The Holy Eastern Orthodox Catholic and Apostolic Church in North America (THEOCACNA) in a defamatory manner. Said name is part of our Registered Service Mark with the U.S. Government. On the website they claim to be us under on of their names and they claim our history to support their false claim. They have adopted the name "The Holy Eastern Orthodox Christian Apostolic Church: North American Synod (THEOCACNAS)". Our short name the "American Orthodox Catholic Church - (AOCC)" is published at the top of the synod page, while they claim to have adopted "American Orthodox Christian Communion - to keep the initials in order and to pass themselves off as us (AOCC)". They adopted a 2 headed eagle similar to our registered service mark but in color as a logo, and Mr. Martin appears to own 2 domains with our initials which are frequently used in place of our name, and the initials are and have been for years a common-law service mark of the Church and for our domain name theocacna.org.

This is sufficient to cause confusion and thus is contrary to the Service Mark laws.

Our attorney is in the process of preparing a cease and desist letter for Mr. Martin.

We believe the claims they publish on their website (i.e. to be us, to have removed me from office contrary to the documents we possess to the contrary and more claims on this website and the domain names purchased clearly show the intent of corporate identity theft and a criminal complaint shall be filed in this case as in the present case pending in U.S. District Court against another individual acting in a similar manner.

An email was sent to the email address of Metropolitan Leland, shown on this website as the Metropolitan of the Synod Jan. 21, 2011. He states in said email "no one is claiming to be you...". He was advised of the infringement and stated he would have this taken care of.

The use of our name in any manner to attack this church infringes our legal rights. Their claims: that they are this Church under their new name - The Holy Eastern Orthodox Christian Apostolic Church: North America Synod, that they removed me from office after they left our church, that they broke communion with us (true) and their claim to be us under the new name, claims to our History, Charter and more and their claims they did away with my office are for the most part false claims. They also claim that Archbishop Aftimios in some way was the head or founder of their non-canonical independent Church (our corporate name is mentioned on their website to attack us and claim to be us. This all infringes us. We also view this as identity theft and theft of our legally owned intellectual property, i.e. our registered ownership rights by our registered service mark all infringe us.

Copyright infringement is also involved at http://www.westernorthodoxy.org/pdf/overview.pdf. Mr. Martin took a copyrighted photo from my website and placed it on his page shown above as "overview" just above our Church Charter also published on our copyrighted website. This Charter was issued to this Church and not to Mr. Martin or his associates. Our Charter was issued to us in 1927 with our corporate name, which is part of our registered service mark. We feel that in these actions and because of what he has published about us and his claim to be us he is in fact committing identity theft.

Based on the above items we feel we have proven the materials used are part of our registered service mark and used without our permission.

His page's contains numerous false claims that he and his associates voted to remove me from office. In fact his email to me dated Dec 8, 2009 stated clearly he was leaving this Church as of Dec. 7, 2009 and "that he did not state he deposed me" or anything about removing me from office or retiring the title of Patriarch of this Church. I consider all such claims as outright lies. I am president of the 1928 corporate church (MA) that was Chartered in 1927. I have just posted copies of the certified corporate documents on one of our websites. They are now linked on our domain on the documents link (right hand column. Your customer has no legal claim or rights to our name and history

As corporate president for 14 years this month I have never claimed to own the corporation or the corporate Church. I am the duly elected corporate president of the church and head the original "North American Holy Synod" (This name is a common law service mark of this Church). In 1998 the Synod set my term of office for life as is the norm for other Orthodox Church leaders. The widow of the late Archbishop Aftimios Ofiesh sat on the corporate board until 1999 while I was Corporate President. She retired due to her declining health and died in 2000. Her name appears on the legal documents on file with the Secretary of the Commonwealth of Massachusetts and we do have 1 or 2 older copies of the directors documents on our website showing when she was on the board of Directors.

The above actions are believed to be a violation of Federal Law

The complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or service mark owner or the law.

The information in this notification is accurate and, under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our website theocacna.org and mirror sites are covered by one of our copyrights. Photos are covered by 2 other copyrights.

Our Service marks;

"The Holy Eastern Orthodox Catholic and Apostolic Church in North America", (chartered in 1927, incorporated 1928) with our logo. Registered in 2000 and Re-Registered. Archbishop Victor is the owner of the Registered Service Mark. Name and logo in use by the Church since 1927.

American Orthodox Catholic Church, our short name since 1927 and common law service mark also in use by this Church as shown in the 1927 Church Constitution. In use by this Church since 1927.

North American Holy Synod sm is another common law Service Mark in use by this Church since 1927.

THEOCACNA is a common-law service mark of this corporate church.

Our claim to our Service Marks is listed on numerous web pages and in use by this Church since 1931. SEE:

http://theocacna.tripod.com/Logos.htm shows our Marks.

NOTE: FYI - The Rudder, the Sacred and Divine canons require a synod hold a trial to remove a Bishop, especially a Patriarch or Metropolitan. None occurred. They just left. They violated the canons by insulting the Bishop long after leaving and by fabricating charges against the Bishop.

Victor Prentice________/ss/
Most Rev. Victor Prentice
Corporate President
Service Mark Owner
Copyright Owner

CC:
Abp. Victor
Synod
File