Jerry Falwell Jr. filed a lawsuit alleging that Liberty University, his brother Jonathan Falwell, and another individual improperly used the “JERRY FALWELL” trademark, as well as the image and name of their father, Jerry Falwell Sr. The lawsuit included various claims related to intellectual property misuse and a breach of fiduciary duty. However, the court has decided to stay this lawsuit until a pending circuit-court case, involving similar issues and parties, is resolved.
The claim against Jonathan Falwell, related to breach of fiduciary duty, has been declined for supplemental jurisdiction by the federal court due to overlapping issues already raised in a state court action concerning the Falwell Family Trust. The court also noted that the case involves complex and novel applications of Virginia trust law.
Regarding the claims against Liberty University and Jerry Prevo, which revolve around the ownership of the Falwell intellectual property, the court decided to stay this federal case until the issue of ownership is determined in the ongoing circuit court proceedings. This decision is intended to prevent duplication of arguments and evidence, saving time and resources for all parties involved.