MRFF Demand Once Again Leads to End of Blatantly Illegal Use of USMC Trademarked Logo

April 8, 2024

MRFF President/Founder Mikey Weinstein received a client email on February 27, 2024 requesting assistance from MRFF in dealing with an ‘In Your Face’ display of sectarian religious proselytizing trinkets emblazoned with the official Eagle, Globe, & Anchor (EGA) trademarked logo of the United States Marine Corps. This display of religious ‘challenge coins’ was located at the Camp Foster (Okinawa) military clothing store.  The sole location where U.S. Marines stationed at Camp Foster can purchase uniform items.

These challenge coins depict a Christian crusader knight holding a shield with a large, red Christian cross on it along with the words “PUT ON THE WHOLE ARMOR OF GOD” and “OKINAWA JAPAN” on the front and the trademarked Marine Corps eagle, globe, and anchor emblem on the back. The other depicts the same Christian crusader and “PUT ON THE WHOLE ARMOR OF GOD” with the addition of the New Testament Bible reference “EPHESIANS 6:13-17” on the front and the USMC emblem on the back with “CAMP FOSTER” below it.

In response to this client’s request for assistance Mikey immediately contacted the U.S. Marine Corps Trademark & Licensing Program on behalf of 25 U.S. Marine clients stationed at Camp Foster.  As per usual, MRFF’s list of client-complainants were both diverse and majority Christian in faith tradition (16 practice the Christian faith). The other nine include four active duty U.S. Marines who are Muslims, for whom the image of a Christian crusader/warrior in combination with the USMC emblem is particularly hurtful, disturbing, and offensive. Of the remaining five MRFF client-complainants on this matter, two practice the Jewish faith and the others follow non-faith traditions such as atheism, agnosticism, secularism and/or humanism.

Mikey’s demand letter dated March 7, 2024 to the USMC Trademark & Licensing Program detailed the numerous violations these religious ‘challenge coins’ represented in regards to established DoD Instructions as well as the USMC’s own “Trademark Licensing Qualification Standards”.  In this demand letter, Mikey also detailed the initial (and laughably unacceptable) response to this matter from a legal counsel representing the Army and Air Force Exchange Service (AAFES):

When first informed about these illicit Eagle Crest, Inc. coins, MRFF contacted AAFES, and was told in an e-mail from Edwin “Trey” Llewellyn, Deputy General Counsel, Business Law, Army and Air Force Exchange Service that:

“AAFES merchandise is reviewed to determine compliance with prohibitions regarding the sale of items that are illegal, promote the use of drugs or include lewd, profane or vulgar words or symbols. Additionally, our vendors are required to demonstrate proof of the requisite authority to sell merchandise with third-party trademarks or copyrighted material. A review determined Eagle Crest, Inc. received a license from the Marine Corp [sic] to use the Marine Corp’s [sic] Globe, Anchor and Eagle.”

This response from Mr. Llewellyn is completely unacceptable, banal, vacuous, strains credulity, and flies in the face of DoD and USMC trademark and licensing regulations. Surely, the Deputy General Counsel, Business Law, Army and Air Force Exchange Service should be well aware of and familiar with the DoD and military branch regulations regarding the trademarking and licensing of official trademarked DoD emblems and that the use of these emblems on merchandise promoting religion is strictly prohibited. But apparently, Mr. Llewellyn is either woefully ignorant of these unambiguous regulations or is willfully choosing to disregard them.

Mr. Llewellyn’s contention that Eagle Crest, Inc. “received a license from the Marine Corp [sic]” and can, thus, use the USMC emblem on items solely promoting the Christian religion is completely ludicrous, irrational, and unreasonable. Obviously, the prohibitions of the use of the USMC emblem in DoD Instruction 5535.12 and USMC’s “Trademark Licensing Qualification Standards” are not only applicable to but specifically intended for licensees, since it is only licensees that can use the trademarked emblems! DoD Instruction 5535.12 makes this abundantly clear (emphasis added): “DoD marks MAY NOT BE LICENSED for any purpose intended to promote ideological movements, sociopolitical change, religious beliefs …”

To say that having a license to use the USMC emblem means a company can violate the DoD and USMC regulations on how it can and can’t be used is like saying that having a license to drive means you don’t have to obey traffic laws!

Mikey’s letter to the USMC Trademark & Licensing Program on 3/7/2024 specifically demanded that the USMC:

(1) immediately revoke and cancel the current license approval for “Eagle Crest, Inc.” to continue using the official USMC emblem on any and/or all of its religious items for sale; and,

(2) immediately investigate and aggressively and visibly punish those personnel either directly or indirectly responsible for granting the approval for “Eagle Crest, Inc.” to use the USMC emblem on these products for sale in the first place.

MRFF demands in this matter were significantly addressed in a letter dated April 8, 2024 from the USMC Trademark Counsel:

8 April 2024

Michael L. “Mikey” Weinstein, Esq.
Founder and President
Military Religious Freedom Foundation
13170-B Central Avenue SE, Suite 255
Albuquerque, NM 87123

Dear Mr. Weinstein,

This is in response to your letter of 7 March 2024, concerning two coins manufactured by Eagle Crest, which were available for sale in an exchange store at Camp Foster, Okinawa, Japan.

Thank you for bringing this matter to our attention. While you were informed correctly that vendor is licensed to use certain marks of the Marine Corps, the coin designs in question were not approved by the Marine Corps. After communication with the vendor, we have been assured that the vendor has withdrawn the coins from the marketplace and has destroyed its remaining stock. [emphasis added]

Please note that the USMC’s standard trademark license agreement requires that any designs that contemplate the display of USMC trademarks on merchandise must be approved in advance by the USMC Trademark and Licensing Office (TMLO). As such, in the future, questions about USMC protected trademarks should be directed there.

Again, thank you for bringing this matter to our attention.

Sincerely, /Philip Greene/
Philip J. Greene
Trademark Counsel
U.S. Marine Corps
Room 4E475 Pentagon
Washington, DC 20350-3000

While MRFF commends this decision, MRFF also stand by the importance of the demand that those responsible for granting the approval for “Eagle Crest, Inc.” to use the USMC emblem on these products for sale in the first place be appropriately investigated and disciplined.