ChristianWeek News
Canada's Leading Christian News Source Print edition | Subscribe

April 15, 2005 • Volume 19 Number 02

Pastor/pilot Doug Miner, pictured with other LAMP volunteers, are just a few of the people working with the ministry to northern Canada. photo courtesy LAMP

Mission groups avoid further legal battle

Argument over trademark use settled out of court

Two organizations once joined in a mutual mission to reach Canada’s North with the gospel of Christ have settled a dispute over trademark infringement out of court. The Lutheran Association of Missionaries and Pilots Canada (LAMP) and its former sister organization, the Lutheran Association of Missionaries and Pilots U.S., were set to go to court in early April—but reached an agreement just days before.

Although the two groups once worked together, they parted ways in 2000. LAMP claimed ownership of the LAMP title and distinct airplane logo, and informed the American group that they were no longer able to use those identifying marks.

However, the U.S. group maintained that both groups owned the marks, and continued to use them. LAMP contended that this confused donors, and that money meant for the Canadian ministry was being directed to the wrong organization.

The matter went to court in November 2003 when LAMP filed a lawsuit claiming trademark infringement, to which the U.S. group filed a counter-suit.

In a summary judgment handed down in January 2005, a U.S. district court judge ruled that LAMP “properly revoked the implied license and the US group's continued use of the mark was unauthorized.”

LAMP expressed its approval of the ruling in a press release issued after the ruling.

“It’s a relief for those of us with LAMP in Canada to have our legal rights recognized,” said LAMP executive director Ron Ludke.

However, even though the U.S. group accepted the court’s ruling, the judge also determined there was enough evidence for the dispute to go to full trial. Although details were not available at press time, the two sides instead negotiated the out of court settlement.

LAMP Canada, a cross-cultural ministry that flies pastor pilots and other volunteers into remote areas of Canada’s North to provide pastoral care, was founded in Canada in 1970. Because many of its supporters were American, Lutheran Association of Missionaries and Pilots U.S. was formed in 1985, largely so American citizens could receive tax receipts for donations.

The two organizations, although separate entities, worked together for a number of years under the same mission, both using the title LAMP and the airplane logo. Money raised by either entity was used for the overall mission.

Problematic issues

The problems began in 1996 when the two organizations conducted an extensive study of their work and effectiveness over the previous 15-20 years. Both boards realized they needed to be more culturally relevant and that included hiring more First Nations workers and pilots. In the fall of 1999, a new integrated ministry plan outlining this strategy was presented and approved by both organizations.

However, the results of the study and plan met with resistance from some Canadian staff and board members, according to Paul Flaa, chief financial officer for the Lutheran Association of Missionaries and Pilots in the U.S. The small, yet vocal group raised objections to proceeding in the agreed upon direction.

“It seems that there was a paternalistic attitude among a few staff and board members,” says former Canadian LAMP staff member Tim Stime. “They wanted to go back to the old ways of doing ministry.”

After months of discussions, it became apparent that this issue wasn’t going to be resolved peacefully. In the process, the Canadian board chose to terminate their First Nations director Don Johnson.

The U.S. board stayed with the original plan to make the ministry more culturally relevant and asked Johnson to remain on board as executive director.

Flaa says the dispute was basically “a major difference in philosophy of ministry. One wanted to follow the old paradigm of paternalism and the other wanted full partnership for First Nations ministry that can go in both directions.”

In May 2000, U.S. leadership decided to separate from the Canadian organization and in September 2000, the U.S. office assisted First Nations people in Canada to develop and incorporate My People International to carry out that more holistic ministry in partnership with the Lutheran Association of Missionaries and Pilots—U.S.