Falwell Family v Liberty University: A Tangled Tale of Trademarks, Televangelism, and Tuition
Well, it appears the legal drama at Liberty University is reaching biblical proportions. The university's prodigal son, Jerry Falwell Jr., once the university's president, is launching a trademark infringement lawsuit against his former employer. Now, isn't that a modern twist to the parable?
In a move that stirs up memories of his late father, Jerry Falwell Sr., the famously conservative televangelist and co-founder of Liberty University, Jerry Jr. has filed the suit on behalf of himself and his family trust. The accusation? That the school is profiting off his father's likeness without so much as a "may we" from the family.
According to the lawsuit, the university has been rather liberal with its use of the JERRY FALWELL trademark. It appears they've been using Falwell Sr.’s name and image in promotional materials, potentially causing confusion among consumers. The family trust is concerned about the relationship between the school and the JERRY FALWELL brand, something that Liberty University apparently overlooked in their marketing playbook.
In the "you can't make this stuff up" category, the suit claims that the school has even crafted a custom font inspired by Falwell Sr.’s handwriting, and even conjured up a hologram of the late evangelist for advertising purposes. Not stopping at that, the university plans to establish a Jerry Falwell Center on campus, further infringing on the trademark, according to the suit.
Falwell Sr., the face of televangelism in the 90s, presided over the university until his passing in 2007. His son, Falwell Jr., took over the reins and helped the school rebound from a financial crisis, largely through heavy investment in online education. However, Falwell Jr.'s tenure ended in a cloud of controversy in 2020 amidst a maelstrom of family scandals.
In response to the lawsuit, a Liberty spokesperson played a straight bat, expressing the school's preference not to comment on active litigation. The spokesperson did note, however, that Falwell Sr.’s name has been "synonymous with Liberty University" for decades, and its use across the campus is nothing new.
In a twist that any good IP attorney will appreciate, it was suggested that this lawsuit is simply a $7 million countermove by Falwell Jr. to maintain control over the use of his father's name, a request the university rejected.
Liberty University remains firm in its confidence, asserting that it will prevail in the case and continue to use its founder's name.
As an IP team, Ed White Law is following this case with popcorn at the ready. Let's see how this tale of trademarks, televangelism, and tuition unfolds!