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ONE INTERNATIONAL PLACE
BOSTON, MASSACHUSETTS 02110-2699
TELEPHONE: 617 439-2000
FACSMLE: 617 973-9748
CAPE COD OFFICE HYANNIS, MASSACHUSETTS 02110-2699
DIRECT DIAL NUMBER (617) 439-2590
E-Mail Address epl@nutter.com

January 10, 2001 19197-41

Mr. Dean C. Fisher and Mr. David R. Burton

P.O. Box 331 Fenton, MI 48430-0331 Re: Your unlawful use of AMERICAN UNITARIAN ASSOCIATION

Dear Sirs:

I write on behalf of the Unitarian Universalist Association (the "UUA").

What follows is a firm statement regarding the UUA's rights, and a demand (in order to preserve those rights) for change. The UUA has no intent to squelch your right freely to express your views. Instead, the UUA's interest is in preserving its valuable history and tradition, and in ensuring that there is no confusion of identities.

You are listed as founders and officers of a new organization calling itself the "American Unitarian Association. " You created a website where you reference the 150 (plus) year history of the original American Unitarian Association (AUA) and then claim to be that organization's "reborn" embodiment. You mistakenly assert that the AUA "disbanded" in 1961 when it merged with the Universalist Church of America. You attempt further aggrandizement by the display of a TM symbol beside your organization's name in a self- serving and legally insufficient gesture.

As you know, AMERICAN UNITARIAN ASSOCIATION is the name of the corporation created by special act of the Massachusetts legislature in 1847. That corporation was consolidated (not disbanded) with The Universalist Church of America in 1961. Again, by special act of the Massachusetts legislature, the consolidated corporation changed its name to UNITARIAN UNIVERSALIST ASSOCIATION which, thereafter, "shall in all respects be a continuation of each of said existing corporations". Moreover, upon the consolidation, all property of the AUA vested in the UUA. Thus, all of the considerable goodwill symbolized by AMERICAN UNITARIAN ASSOCIATION and the AUA name itself became, by operation of law, the exclusive property of the UUA and they remain such today. They have never been abandoned or relinquished.

Moreover, the AUA name imbues the long and treasured history of Unitarianism in America. To this date, that history undoubtedly is associated, in the minds of members and the general public, with its successor, the UUA. The UUA protects and fosters its lineage from the AUA by reference in current written materials and displays, portraits and plaques at its headquarters. The AUA name is also still seen in wills, trusts, deeds and other legal instruments. By operation of law, the UUA succeeds to the rights of the AUA under those instruments.

Your selection of AMERICAN UNITARIAN ASSOCIATION is by design; you seek to create the very misimpression and confusion that the law prohibits. Such conduct is actionable under federal and state statutes, and common law, and renders you liable to injunction and money damages (including possible multiple damages and attorneys' fees).

Accordingly, this is to demand that you immediately cease calling your organization AMERICAN UNITARIAN ASSOCIATION. Please advise in writing no later than January 31, 2001, that your use of the name has stopped. This notice must include evidence of your express abandonment of the pending application, ser. no. 78/039170, to register AMERICAN UNITARIAN ASSOCIATION in the U.S. Patent and Trademark Office and the deletion of any registration for domain names including "American Unitarian Association."

Yours Truly,

Edward P. Leibensperger

cc: The Rev. John A. Buehrens, President

Board of Trustees, Unitarian Universalist Association

943208.1  

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