THE HON. CHARLES A. LEGGE
O.T.O. v. Motta
News of this Judgment deciding the outcome of the O.T.O.'s suit against
Marcelo Motta was received on the morning of July 12, 1985 E.V.--Caliph Hymenaeus Alpha's
work was complete. He died peacefully later that day, before news of the victory reached
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
GRADY McMURTRY, WILLIAM E. HEIDRICK, P. SECKLER, H. P. SMITH, JAMES WASSERMAN,
individuals, ORDO TEMPLI ORIENTIS, a California corporation, THELEMA PUBLICATIONS, a
SOCIETY ORDO TEMPLI ORIENTIS, a corporation, THELEMA PUBLISHING COMPANY, a corporation,
MARCELO RAMOS MOTTA,
THE action was tried from May 13, 1985, through May 17, 1985, before Charles A. Legge,
United States District Judge, sitting without a jury. The plaintiffs appeared through
their counsel Stuart I. MacKenzie. The defendants appeared through their counsel Robert E.
Mittel. Evidence, both oral and documentary having been presented by both parties, the
cause having been argued and submitted for decision, the court having caused to be made
and filed July 10, 1985, its written Findings of Fact and Conclusions of Law; now
Judgment is entered as follows:
1. In favor of plaintiffs P. Seckler, Grady McMurtry, H. P. Smith, and James
Wasserman, individually and severally, and against defendants Marcelo Ramos Motta
(hereinafter ``Motta'') and Society Ordo Templi Orientis (hereinafter ``SOTO''), jointly
and severally, on the third cause of action of plaintiffs' complaint in the amounts of
$10,000 general damages and $25,000 punitive damages for each such plaintiff.
2. In favor of defendants Motta and SOTO and against plaintiff William E.
Heidrick on the third cause of action.
3. Declaring that:
(a)On the first cause of action of plaintiffs' complaint, defendants engaged in unfair
competition regarding the use of the name ``Ordo Templi Orientis,'' the initials ``OTO,''
and the insignia and other properties of plaintiff Ordo Templi Orientis (hereinafter
(b)On the second cause of action of plaintiffs' complaint, defendants infringed
trademarks owned by plaintiff OTO.
(c)On the fifth cause of action of plaintiffs' complaint, defendants unfairly competed
in the use of the name ``Thelema.''
(d)Defendants do not own or have the right to use any of the copyrights or publications
of Aleister Crowley.
(e)Defendant Motta is not the designated secular Outer Head of plaintiff OTO, and has
not been designated by any secular authority as Outer Head of Ordo Templi Orientis.
(f)Defendants' purported registration of copyrights of material pertaining to Ordo
Templi Orientis are invalid because defendants did not and do not own the material
(g)Plaintiffs did not breach any copyrights of defendants.
(h)Plaintiffs did not violate defendants' alleged trademarks regarding the insignia of
(i)Plaintiffs did not violate defendants' alleged trademarks regarding SOTO.
(j)Plaintiffs did not violate any federal trademark regarding the name ``Ordo Templi
Orientis'' or the symbol ``OTO.''
(k)Plaintiff OTO is entitled to the exclusive use of the trademarks and names claimed
by defendants, except that defendant SOTO has the continued right to use the name
``Society Ordo Templi Orientis'' and the initials ``SOTO.''
(l)Plaintiff Grady McMurtry owns the interest in Magick Without Tears assigned
to him by Aleister Crowley.
(m)Plaintiff OTO is entitled to the possession and ownership of (i) all other materials
copyrighted in the United States about Ordo Templi Orientis, (ii) the archives of OTO, and
(iii) all other writings by Aleister Crowley which are not in the public domain.
(n)Defendants' purported registration of trademarks are invalid, because defendants did
not and do not own the marks, except those of SOTO.
4. Defendants Motta and SOTO, and agents, servants, employees, representatives,
successors and assigns acting for them, or in active concert or participation with them,
are permanently enjoined and restrained from:
(a)Using, registering, publishing, distributing, or infringing (i) the copyrights,
trademarks, trade names, service marks, and service names held by plaintiff OTO; (ii) the
name ``Thelema'' when used as the publisher or distributor of written material; (iii) all
other titles of works used to date by plaintiff OTO in various publications; (iv) all
writings and publications of Aleister Crowley which are not in the public domain; (v) the
initials ``OTO''; and (vi) all titles of honor, emblems, insignia, registers, symbols, or
any other property or articles of plaintiff OTO.
(b)Representing (i) that Motta has been designated by any secular authority as Outer
Head of Ordo Templi Orientis, or (ii) that defendant SOTO is authorized by any secular
authority as the successor of the organization, beliefs, and practices established and
developed by Aleister Crowley and Ordo Templi Orientis.
5. All registrations undertaken by defendants, whether directly, indirectly, or
in their name, or any of the matters adjudged herein to be the property of plaintiffs,
whether purportedly registered as a copyright, trademark, service mark, trade name,
service name, or otherwise, are invalid, and at plaintiff OTO's election, are to be
rescinded and cancelled by the appropriate government registration office, whether the
United States Patent and Trademark Office, the United States Copyright Office, or other.
6. Defendants take nothing on their cross-complaint.
7. Plaintiffs are entitled to their costs of suit in the amount of $1,245.21
Dated: September 10, 1985.
CHARLES A. LEGGE
UNITED STATES DISTRICT JUDGE