From Deseret News archives:

Judge dismisses Tanners' suit

Published: Tuesday, March 27, 2007 12:09 a.m. MDT
 |  E-MAIL | PRINT | FONT + - 
A federal judge has dismissed a lawsuit brought by a couple known for espousing anti-Mormon views and claimed that another organization usurped Internet domain names that linked viewers to pro-LDS Web sites.

Sandra Tanner and her late husband, Jerald, who died in 2006, have been longtime critics of The Church of Jesus Christ of Latter-day Saints. The couple founded Utah Lighthouse Ministries (UTLM) and sold books, newsletters and Internet materials that challenged LDS doctrines and practices.

UTLM filed suit against Allen Wyatt; his wife, Debra; their company, Discovery Computing Inc., based in Arizona; another organization called Foundation for Apologetic Information & Research (FAIR), a New York-based corporation; and its president, Scott Gordon.

The Tanners maintained that Wyatt had registered several Internet domain names associated with UTLM and the Tanners — and also linked viewers to pro-LDS Web sites.

These 10 names included such things as sandratanner.com, geraldtanner.com and lighthouseministries.org.

The Tanners alleged this constituted cybersquatting, trademark infringement, unfair competition, and it also allegedly put off potential customers who might have bought products the Tanners offered.

However, U.S. District Judge Dale Kimball on Monday dismissed the civil lawsuit with prejudice.

Story continues below
The judge said in a 23-page opinion that Discovery Computing, FAIR and those associated with it did not realize any financial gain from these Internet domain names, so there was no trademark infringement under the federal Lanham Act.

Ronald Dunn, attorney for FAIR and Scott Gordon, said he believed Sandra Tanner was badly advised. Dunn said that Wyatt, who created the Web site without any input from Gordon, immediately offered to relinquish the domain names once the lawsuit was filed, but that offer was rejected.

"I feel bad for Sandra Tanner, she's had a bad year, she lost her husband," Dunn said. "This could have gone away easily if the lawyers had not been so bellicose about it."

Paul Oestreich, attorney for Sandra Tanner and Utah Lighthouse Ministries, said he was not pleased with the ruling and his client has not decided whether or not to appeal to the 10th Circuit Court of Appeals.

"We firmly believe the acts of Wyatt and FAIR constitute trademark infringement," Oestreich said. "This ruling is in conflict with other courts of appeal, but as Judge Kimball correctly noted, there is no 10th Circuit ruling."


E-mail: lindat@desnews.com

Comments

You can be the first to comment on this story.

previousnext

Latest comments

Beck, Hannity, and Limbaugh get the audience they deserve and vice versa. ...

I find the rule,very discriminitory. I am not gay, I don't understand what...

Celtics crush Jazz

I understand we were outmanned last night. However, this effort was awful....

Tavernari has matured

My advice to Jonathan is shoot it when they pass it to you as soon as you...

Maybe they should try drafting a shooting guard who can shoot from outside ....

The sad thing about it is that there are actually people out there that are...

12 Utes return to Texas

Thank you TCU and BYU. Your wanting to beat Utah so bad has to drive you...

Celtics crush Jazz

Play fes and koufos. Look to the future. It looks like we will have two...

Letters: Obama 'too busy'

Oh come on. Obama's a horrible president, but I couldn't care less which...

"We had the best soccer of any place in the state. There's no disputing...

Advertisements
Advertisement