On August 25, 2010, we posted an article about a trademark dispute between the Seventh Day Adventists and Walter McGill and the Creation 7th Day Adventist Church. In that blog we discussed the then recent decision by the United States Sixth Circuit Court of Appeals ruling in favor of the Seventh Day Adventists. This update is to inform you that earlier this month McGill and the Creation 7th Day Adventist Church filed a petition for a writ of certiorari in the United States Supreme Court, asking the Supreme Court to hear the case. In the petition for certiorari, McGill essentially argues that the Religious Freedom Restoration Act (RFRA) applies to disputes between private parties, specifically in this case, a patent dispute. It will be interesting to see whether the Supreme Court grants certiorari in this case. We will be sure to keep you updated as this case progresses.
http://www.scribd.com/doc/41635481/McGill-v-GCSDA-Pet-11-10
This article was written by Matt Ehrlich, Associate Attorney at Demorest Law Firm.