Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov ESTTA Tracking number: ESTTA611762 Filing date: 06/24/2014 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD Proceeding 91208008 Party Defendant Melanie Reed Correspondence CHRISTOPHER P BEALL Address LAW OFFICE OF TIMOTHY B MOORE LC PO BOX 51484 NEW ORLEANS, LA 70151 UNITED STATES [email protected] Submission Defendant's Notice of Reliance Filer's Name Timothy B. Moore Filer's e-mail [email protected] Signature /Timothy B. Moore/ Date 06/24/2014 Attachments (303022833) Notice of Reliance (Third)_Melanie Reed.pdf(65146 bytes ) The Lanham Act Title 15 (303008719).pdf(42364 bytes ) Section 2d of the Lanham Act (15 U.S.C.1 052)(303023153).pdf(42022 bytes ) Trademark Litigation Tactics Anti Bullying.pdf(341895 bytes ) Trademark Technical and Conforming Amendment Act of 2010 Bill.pdf(138453 bytes ) When enforcement becomes bullying_Cheryl L. Hodgson_Reed.pdf(283636 bytes ) ERV_English_Bible_01__Genesis.pdf(370070 bytes ) ERV_English_Bible_50__Philippians.pdf(119835 bytes ) In the United States Patent and Trademark Office Before the Trademark Trial and Appeals Board
AMERICA’S NEXT TOP GOSPEL STARZ
Application: 85/540,055
Filed: February 10, 2012
Published: July 17, 2012
POTTLE PRODUCTIONS, INC.
Opposer, v. Opposition No. 91208008
MELANIE REED,
Applicant.
______
APPLICANT’S THIRD NOTICE OF RELAINCE ______
Applicant, Melanie Reed, by and through its attorneys, submits this Third Notice of
Reliance pursuant to Rule 2.122(e). Specifically, Applicant relies on the attached printed and online publications which are commonly available to the general public and are in general circulation among members of the public. The publications shown here are relevant to this proceeding. The printed and online publications are attached here as follow:
Exhibit 1: REPORT TO CONGRESS; Trademark Litigation Tactics and Federal
Government Services to Protect Trademarks and Prevent Counterfeiting; April
2011
Exhibit 2: Trademark Technical and Conforming Amendment Act of 2010 Bill.
Exhibit 3: World Trademark Review June/July 2010; When enforcement becomes bullying;
By Cheryl L Hodgson.
Exhibit 4: The Lanham Act Title 15§1125 (Section 43 of the Lanham Act) False
designations of origin and false descriptions forbidden. Exhibit 5: § 2 (15 U.S.C. § 1052). Trademarks registrable on the principal register;
concurrent registration.
Exhibit 6: The Holy Bible; Philippians
Exhibit 7: The Holy Bible; Genesis
Respectfully submitted this 24th day of JUNE, 2014.
Law Office of Timothy B. Moore, LC.
_____/s Timothy B. Moore______Timothy B. Moore P.O . Box 51484 New Orleans, La 70151 (504) 669-2002 E-mail – [email protected]
Attorney for Applicant Melanie Reed
CERTIFICATE OF SERVICE
I do hereby certify that on this 24th day of JUNE, 2014, a true and correct copy of the foregoing APPLICANT’S THIRD NOTICE OF RELAINCE has been transmitted via facsimile and electronically by e-mail transmission, to:
[email protected]; [email protected]; [email protected]; [email protected];
sward@lskslaw
Christopher P. Beall LEVINE SULLIVAN KOCH & SCHULZ,LLP 321 West 44th Street Suite 1000 New York, NY 10036 (212) 850-6113 | Phone (212) 850-6299 | Fax
/s Timothy B. Moore______The Lanham Act Title 15§1125 (Section 43 of the Lanham Act) False designations of origin and false descriptions forbidden
(a)
Civil action.
(1)
Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which--
(A)
is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or
(B)
in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.
(2)
As used in this subsection, the term "any person" includes any State, instrumentality of a State or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this Act in the same manner and to the same extent as any nongovernmental entity.
(3)
In a civil action for trade dress infringement under this Act for trade dress not registered on the principal register, the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional.
(b) Importation. Any goods marked or labeled in contravention of the provisions of this section shall not be imported into the United States or admitted to entry at any customhouse of the United States. The owner, importer, or consignee of goods refused entry at any customhouse under this section may have any recourse by protest or appeal that is given under the customs revenue laws or may have the remedy given by this Act in cases involving goods refused entry or seized.
(c)
Remedies for dilution of famous marks.
(1)
The owner of a famous mark shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person's commercial use in commerce of a mark or trade name, if such use begins after the mark has become famous and causes dilution of the distinctive quality of the mark, and to obtain such other relief as is provided in this subsection. In determining whether a mark is distinctive and famous, a court may consider factors such as, but not limited to--
(A)
the degree of inherent or acquired distinctiveness of the mark;
(B)
the duration and extent of use of the mark in connection with the goods or services with which the mark is used;
(C)
the duration and extent of advertising and publicity of the mark;
(D)
the geographical extent of the trading area in which the mark is used;
(E) the channels of trade for the goods or services with which the mark is used;
(F)
the degree of recognition of the mark in the trading areas and channels of trade used by the marks' owner and the person against whom the injunction is sought;
(G)
the nature and extent of use of the same or similar marks by third parties; and
(H)
whether the mark was registered under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register.
(2)
In an action brought under this subsection, the owner of the famous mark shall be entitled only to injunctive relief as set forth in section 34 [15 USC 1116] unless the person against whom the injunction is sought willfully intended to trade on the owner's reputation or to cause dilution of the famous mark. If such willful intent is proven, the owner of the famous mark shall also be entitled to the remedies set forth in sections 35(a) and 36 [15 USC § §1117(a), 1118], subject to the discretion of the court and the principles of equity.
(3)
The ownership by a person of a valid registration under the Act of March 3, 1881, or the Act of February 20, 1905, or on the principal register shall be a complete bar to an action against that person, with respect to that mark, that is brought by another person under the common law or a statute of a State and that seeks to prevent dilution of the distinctiveness of a mark, label, or form of advertisement.
(4)
The following shall not be actionable under this section:
(A) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark.
(B)
Noncommercial use of a mark.
(C)
All forms of news reporting and news commentary. § 2 (15 U.S.C. § 1052). Trademarks registrable on the principal register; concurrent registration
No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it—
(a) Consists of or comprises immoral, deceptive, or scandalous matter; or matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or a geographical indication which, when used on or in connection with wines or spirits, identifies a place other than the origin of the goods and is first used on or in connection with wines or spirits by the applicant on or after one year after the date on which the WTO Agreement (as defined in section 3501(9) of title 19) enters into force with respect to the United States.
(b) Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, or any simulation thereof.
(c) Consists of or comprises a name, portrait, or signature identifying a particular living individual except by his written consent, or the name, signature, or portrait of a deceased
President of the United States during the life of his widow, if any, except by the written consent of the widow.
(d) Consists of or comprises a mark which so resembles a mark registered in the Patent and Trademark Office, or a mark or trade name previously used in the United States by another and not abandoned, as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive: Provided, That if the Director determines that confusion, mistake, or deception is not likely to result from the continued use by more than one person of the same or similar marks under conditions and limitations as to the mode or place of use of the marks or the goods on or in connection with which such marks are used, concurrent registrations may be issued to such persons when they have become entitled to use such marks as a result of their concurrent lawful use in commerce prior to (1) the earliest of the filing dates of the applications pending or of any registration issued under this chapter; (2) July 5, 1947, in the case of registrations previously issued under the Act of March 3, 1881, or February 20, 1905, and continuing in full force and effect on that date; or (3) July 5, 1947, in the case of applications filed under the Act of February 20, 1905, and registered after July 5, 1947. Use prior to the filing date of any pending application or a registration shall not be required when the owner of such application or registration consents to the grant of a concurrent registration to the applicant. Concurrent registrations may also be issued by the Director when a court of competent jurisdiction has finally determined that more than one person is entitled to use the same or similar marks in commerce. In issuing concurrent registrations, the Director shall prescribe conditions and limitations as to the mode or place of use of the mark or the goods on or in connection with which such mark is registered to the respective persons.
(e) Consists of a mark which, (1) when used on or in connection with the goods of the applicant is merely descriptive or deceptively misdescriptive of them, (2) when used on or in connection with the goods of the applicant is primarily geographically descriptive of them, except as indications of regional origin may be registrable under section 1054 of this title, (3) when used on or in connection with the goods of the applicant is primarily geographically deceptively misdescriptive of them, (4) is primarily merely a surname, or (5) comprises any matter that, as a whole, is functional.
(f) Except as expressly excluded in subsections (a), (b), (c), (d), (e)(3), and (e)(5) of this section, nothing herein shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant’s goods in commerce. The Director may accept as prima facie evidence that the mark has become distinctive, as used on or in connection with the applicant’s goods in commerce, proof of substantially exclusive and continuous use thereof as a mark by the applicant in commerce for the five years before the date on which the claim of distinctiveness is made. Nothing in this section shall prevent the registration of a mark which, when used on or in connection with the goods of the applicant, is primarily geographically deceptively misdescriptive of them, and which became distinctive of the applicant’s goods in commerce before the date of the enactment of the North American Free Trade Agreement Implementation Act. A mark which would be likely to cause dilution by blurring or dilution by tarnishment under section 43(c), may be refused registration only pursuant to a proceeding brought under section 13. A registration for a mark which would be likely to cause dilution by blurring or dilution by tarnishment under section 43(c), may be canceled pursuant to a proceeding brought under either section 14 or section 24.
(Amended Oct. 9, 1962, 76 Stat. 769; Jan. 2, 1975, 88 Stat. 1949; Nov. 16, 1988, 102 Stat. 3037; Dec. 8, 1993, 107 Stat. 2057; Dec. 8, 1994, 108 Stat. 4982; Oct. 30, 1998, 112 Stat. 3069; Aug. 5, 1999, 113 Stat. 218; Nov. 29, 1999, 113 Stat. 1501A-583; Oct. 6, 2006, 120 Stat. 1730.)
REPORT TO CONGRESS
Trademark Litigation Tactics and Federal Government Services to Protect Trademarks and Prevent Counterfeiting
April 2011
S. 2968, Trademark Technical and Conforming Amendment Act of 2010 Public Law 111-146
SEC. 4. STUDY AND REPORT.
(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Intellectual Property Enforcement Coordinator, shall study and report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on— (1) the extent to which small businesses may be harmed by litigation tactics by corporations attempting the purpose of which is* to enforce trademark rights beyond a reasonable interpretation of the scope of the rights granted to the trademark owner; and (2) the best use of Federal Government services to protect trademarks and prevent counterfeiting.
(b) RECOMMENDATIONS.—The study and report required under paragraph (1) shall also include any policy recommendations the Secretary of Commerce and the Intellectual Property Enforcement Coordinator deem appropriate.
* The language shown in bold italicized text was amended by S. 3689, "Copyright Cleanup, Clarification and Corrections Act of 2010" which was signed into law on December 9, 2010 as Public Law 111-295. Section 6(h) states: “TRADEMARK TECHNICAL AMENDMENTS ACT.—Section 4(a)(1) of Public Law 111–146 is amended by striking ‘‘by corporations attempting’’ and inserting ‘‘the purpose of which is.”
TABLE OF CONTENTS
LETTER TO CONGRESS ...... i
I. INTRODUCTION ...... 3
II. TRADEMARK ENFORCEMENT AND MARKETPLACE IMPACT ...... 4 A. BACKGROUND ON TRADEMARK RIGHTS ...... 4 1. TRADEMARKS AND THEIR PURPOSE ...... 4 2. ALL TRADEMARKS ARE NOT CREATED EQUAL ...... 5 B. POLICING AND ENFORCING TRADEMARK RIGHTS ...... 6 1. DETECTING POTENTIAL VIOLATIONS ...... 7 2. EVALUATING POTENTIAL VIOLATIONS ...... 7 3. ADDITIONAL ENFORCEMENT CONSIDERATIONS ...... 9 4. TYPICAL ENFORCEMENT MEASURES ...... 9 A. CEASE-AND-DESIST LETTERS...... 9 B. SETTLEMENT/LICENSE AGREEMENTS ...... 10 C. LITIGATION ...... 11 (I) AVAILABLE REMEDIES AND DETERRENTS TO COERCIVE BEHAVIOR ...... 12 C. MARKETPLACE IMPACT ...... 13 1. EVALUATING THE REASONABLENESS OF ENFORCEMENT EFFORTS: COERCIVE BEHAVIOR VS. DEFENSE OF A RIGHT ...... 13 2. EXAMINING THE SCOPE OF THE ASSERTED PROBLEM ...... 15 3. SOLICITING PUBLIC COMMENT ...... 15 A. QUESTIONS POSED ...... 16 B. COMMENTS RECEIVED ...... 18 (I) CEASE-AND-DESIST LETTERS AND PRE-LITIGATION ISSUES ...... 18 (II) ACTUAL LITIGATION ISSUES ...... 19 (III) HOW TACTICS IN IP CASES COMPARE TO OTHER TYPES OF CASES ...... 19 (IV) SIZE AND RESOURCE IMBALANCES ...... 20 (V) SUGGESTIONS FOR USPTO OR TTAB ACTIONS ...... 20 (VI) SUGGESTIONS FOR THE COURTS ...... 21 (VII) SUGGESTIONS FOR OTHER FEDERAL AGENCIES, NON-FEDERAL ORGANIZATIONS, AND CONGRESS ...... 21
III. FEDERAL GOVERNMENT RESOURCES TO PROTECT INTELLECTUAL PROPERTY AND PREVENT COUNTERFEITING...... 22
A. DEPARTMENT OF COMMERCE’S INTERNATIONAL TRADE ADMINISTRATION’S OFFICE OF INTELLECTUAL PROPERTY (OIPR) ...... 23 B. UNITED STATES PATENT AND TRADEMARK OFFICE ...... 23 C. DEPARTMENT OF COMMERCE’S COMMERCECONNECT ...... 24 D. U.S. SMALL BUSINESS ADMINISTRATION ...... 24 E. U.S. INTERNATIONAL TRADE COMMISSION ...... 25 F. NATIONAL INTELLECTUAL PROPERTY RIGHTS COORDINATION CENTER ...... 25
IV. RECOMMENDATIONS ...... 26 A. INTELLECTUAL PROPERTY RIGHTS COUNSELING FOR SMALL BUSINESSES...... 26 B. ENGAGE THE PRIVATE SECTOR ABOUT OFFERING CONTINUING LEGAL EDUCATION PROGRAMS FOCUSED ON TRADEMARK POLICING MEASURES AND TACTICS ...... 27 C. EDUCATE SMALL BUSINESSES ABOUT INTELLECTUAL PROPERTY RIGHTS AND AVAILABLE PROTECTION AND ENFORCEMENT RESOURCES ...... 28
APPENDIX A: USG RESOURCE CONTACT INFORMATION SHEET A
APPENDIX B: ACRONYMS ...... B
LETTER TO CONGRESS
The Department of Commerce is pleased to transmit this report on Trademark Litigation Tactics.
On March 17, 2010, President Obama signed S. 2968, Trademark Technical and Conforming Amendment Act of 2010, into law as Public Law 111-146. The new law tasked the Department of Commerce, in consultation with the Intellectual Property Enforcement Coordinator (IPEC), to study the extent to which small businesses may be harmed by abusive trademark enforcement tactics. Working with the IPEC, we developed the enclosed report and recommendations.
In introducing the study, Vermont Senator Patrick Leahy said:
“I am concerned that large corporations are at times abusing the substantial rights Congress has granted them in their intellectual property to the detriment of small businesses. We saw a high-profile case like this in Vermont last year involving a spurious claim against Rock Art Brewery. When a corporation exaggerates the scope of its rights far beyond a reasonable interpretation in an attempt to bully a small business out of the market that is wrong.”
Trademarks add tremendous value to the U.S. economy. Nine of the top ten global brands in the world hail from the United States.1 Recognizing that a trademark is a property right that an owner has a duty to police, this report discusses trademark litigation tactics generally and the specific issue of whether, in otherwise rightfully policing marks, some trademark owners may undertake enforcement measures based on an unreasonable interpretation of the scope of their rights for the purpose of intimidating potential violators into compliance with the mark owner’s demands.
In connection with studying this specific issue, the Department of Commerce’s United States Patent and Trademark Office (USPTO) undertook significant outreach to stakeholders and small businesses, including a request for comments period that spanned more than four months. The 79 comments received reflected a diverse range of views, yet few explicitly addressed whether and to what extent trademark abuse is a significant problem.
Ultimately, because trademark enforcement is a private property rights litigation issue, if abusive tactics are a problem, such tactics may best be addressed by the existing safeguards in the litigation system in the U.S. and by private sector outreach, support, and education relating to these issues. However, to the extent small businesses are disproportionately adversely affected by such tactics because they lack the funds to hire counsel to defend against them, we believe the Federal Government can undertake the following actions:
1. Engage the private sector about providing free or low-cost legal advice to small businesses via pro bono programs and intellectual property rights clinics;
2. Engage the private sector about offering continuing legal education programs focused on trademark policing measures and tactics;
1 Interbrand, Best Global Brands 2010, (http://www.interbrand.com/en/best-global-brands/Best-Global- Brands-2010.aspx).
1
3. Enhance Federal agency educational outreach programs by identifying resources that enable small businesses to further their understanding of trademark rights, enforcement measures, and available resources for protecting and enforcing trademarks.
We look forward to continuing to work with Congress, Federal agencies, and all stakeholders, including small businesses, to improve the protection and enforcement of trademarks and other intellectual property.
Sincerely,
Gary Locke Secretary of Commerce
2
I. Introduction
On March 17, 2010, President Obama signed S. 2968, Trademark Technical and Conforming Amendment Act of 2010, into law as Public Law 111-146. Included in the new law was the requirement for a study and report, due one year later, on the effect of abusive trademark litigation tactics on small businesses. The study and report was to be completed by the Department of Commerce (DOC), in consultation with the Intellectual Property Enforcement Coordinator (IPEC).
SEC. 4. STUDY AND REPORT. (a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Intellectual Property Enforcement Coordinator, shall study and report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on— (1) the extent to which small businesses may be harmed by litigation tactics by corporations attempting the purpose of which is2 to enforce trademark rights beyond a reasonable interpretation of the scope of the rights granted to the trademark owner; and (2) the best use of Federal Government services to protect trademarks and prevent counterfeiting. (b) RECOMMENDATIONS.—The study and report required under paragraph (1) shall also include any policy recommendations the Secretary of Commerce and the Intellectual Property Enforcement Coordinator deem appropriate.
To address the study and report objectives, the DOC and the United States Patent and Trademark Office (USPTO) reviewed data and research materials regarding trademark litigation tactics, including tactics that may impact small businesses. In addition, USPTO requested feedback from U.S. trademark owners, practitioners, and others regarding their experiences with enforcement tactics, especially those involving an attempt to enforce trademark rights beyond a reasonable interpretation of the scope of the rights granted to the trademark owner. The USPTO conducted outreach to small businesses via an intellectual property awareness campaign event, and also conducted outreach to industry via a large industry organization. Finally, USPTO consulted with its own private advisory board, the Trademark Public Advisory Committee.
Because evaluating whether trademark rights have been enforced beyond a reasonable scope requires an understanding of fundamental trademark law principles and enforcement strategies, this report begins by providing basic background information about trademark rights and the typical ways in which, and reasons why, those rights are enforced in the United States. Against this background, the report next addresses trademark enforcement tactics and in doing so summarizes comments received from U.S. trademark owners, practitioners, and others in response to questions posted on USPTO’s web site3 requesting feedback regarding their experiences with litigation tactics, especially those involving an attempt to enforce trademark
2 The language shown in bold italicized text was amended by S. 3689, "Copyright Cleanup, Clarification and Corrections Act of 2010" which was signed into law on December 9, 2010 as Public Law No. 111-295. Section 6(h) states: “TRADEMARK TECHNICAL AMENDMENTS ACT.—Section 4(a)(1) of Public Law 111–146 is amended by striking ‘‘by corporations attempting’’ and inserting ‘‘the purpose of which is.”
3 http://www.uspto.gov/trademarks/notices/litigation_tactics.jsp
3
rights beyond a reasonable interpretation of the scope of the trademark owner’s rights. The topic of abusive trademark litigation tactics was also discussed at a public roundtable. Finally, the report provides an overview of the various Federal Government resources available to stakeholders to protect and enforce trademarks in the United States and the types of services the Government provides to help prevent counterfeiting in the United States.
II. Trademark Enforcement and Marketplace Impact4
Any discussion of trademark litigation tactics, and a study of their impact on small businesses, must begin with understanding what a trademark is, the scope of the right, and how the right is defended. Also, an examination of trademark litigation tactics must be made in the context of all litigation tactics, to determine if trademark litigation presents any unique or unusual issues.
A. Background on Trademark Rights
1. Trademarks and Their Purpose
The term “trademark”5 is defined broadly as including: “any word, name, symbol, or device, or any combination thereof—(1) used by a person…to identify and distinguish his or her goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.”6 In essence, a trademark is anything that functions as a source identifier to consumers.
Trademarks serve as indications of origin and quality. They represent the “goodwill” or reputation a business and its products and services enjoy with the public. Businesses rely on their marks to identify their products and services and distinguish them from those of their competitors. The public relies on marks to distinguish among competing producers and as guarantees of quality. As the Seventh Circuit has explained:
The fundamental purpose of a trademark is to reduce consumer search costs by providing a concise and unequivocal identifier of the particular source of particular goods. The consumer who knows at a glance whose brand he is being asked to buy knows whom to hold responsible if the brand disappoints and whose product to buy in the future if the brand pleases. This in turn gives producers an incentive to maintain high and uniform quality, since otherwise the investment in their trademark may be lost as customers turn away in disappointment from the brand. A successful brand, however, creates an incentive in unsuccessful competitors to pass off their inferior brand as the successful brand by adopting a confusingly similar trademark, in effect appropriating the goodwill
4 This section provides a general overview of basic trademark law principles. It is not intended to constitute legal advice. Interested parties should consult qualified legal counsel to obtain advice on a case- by-case basis.
5 The terms “trademark” or “mark” as used in this report refer generally to both trademarks and service marks. A trademark identifies the source of goods, while a service mark identifies the source of services. See 15 U.S.C. § 1127.
6 15 U.S.C. § 1127.
4
created by the producer of the successful brand. The traditional and still central concern of trademark law is to provide remedies against this practice.7
Indeed, when Congress enacted the Lanham Act in 1946, 15 U.S.C. § 1051 et seq. (“Trademark Act”), it explained that the statute served dual purposes:
One is to protect the public so it may be confident that, in purchasing a product bearing a particular trade-mark which it favorably knows, it will get the product which it asks for and wants to get. Secondly, where the owner of a trade-mark has spent energy, time, and money in presenting to the public the product, he is protected in his investment from its misappropriation by pirates and cheats.8
Thus, the Trademark Act protects against use of marks that are likely to cause confusion, mistake, or to deceive consumers as to the source, sponsorship, or approval of goods or services.9 It also protects owners of famous marks against dilution through blurring or a tarnishing of their image even absent a likelihood of confusion.10
2. All Trademarks Are Not Created Equal
Trademarks are categorized along a spectrum of distinctiveness. On the one end are generic terms for the category of goods or services that can never be protected as trademarks. On the other end are fanciful or coined terms that are inherently the strongest kind of mark and generally afforded the broadest scope of protection.11 Placement on the distinctiveness spectrum determines eligibility for and affects the scope of trademark protection.12 Marks that are categorized on the inherently distinctive side of the spectrum -- fanciful/coined, arbitrary, suggestive -- are immediately protectable, while those falling into the merely descriptive category are non-distinctive and unprotectable unless they acquire secondary meaning.
In general, the more distinctive a mark is, the stronger it is and the greater the scope of protection the mark will receive in court against uses of the same or similar marks. Because all trademarks do not receive or deserve the same scope of protection, the type of mark a business selects will have a direct effect on its ability to protect the mark.
Trademark rights are not static, however. A mark’s distinctiveness and strength can change over time based on use of the mark by the owner and the perception of the mark by consumers. For
7 Ty Inc. v. Perryman, 306 F. 3d 509, 510 (7th Cir. 2002); see also 1 Anne Gilson LaLonde, GILSON ON TRADEMARKS (“Gilson”) § 1.03 (2010).
8 Senate Rep. No. 79-1333 at 3, 5 (1946).
9 15 U.S.C. §§ 1114, 1125(a).
10 15 U.S.C. § 1125(c).
11 See Abercrombie & Fitch Co. v. Hunting World, Inc.. 537 F.2d 4, 9 (2d Cir. 1976) (setting forth the classic formulation of: fanciful/coined – arbitrary – suggestive – descriptive - generic).
12 McGregor-Doniger Inc. v. Drizzle Inc., 599 F.2d 1126, 1131 (2d Cir. 1979) (“The strength or distinctiveness of a mark determines both the ease with which it may be established as a valid trademark and the degree of protection it will be afforded”).
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example, an inherently “weak” mark can become strong and receive a broader scope of protection due to commercial success and widespread use in commerce (e.g., increased channels of trade, wider geographic use, expansion of the brand to other goods and services).13 Conversely, if a trademark owner does not diligently police proper use of its mark (e.g., by competitors, the public, and the media), a term that was originally coined and thus inherently the strongest type of trademark, can become generic and fall into the public domain. The trademark landscape is littered with distinctive terms that were once registered as trademarks, but became generic, including “cellophane”14 for a transparent wrapping, “escalator”15 for moveable staircases, “trampoline”16 for a rebound tumbler, and “yo-yo”17 for a spinning toy on a string. Because trademarks rights may be lost or severely weakened if unauthorized third-party usage goes unchecked, enforcement efforts are essential to maintaining the rights.
B. Policing and Enforcing Trademark Rights
Trademark owners have a legal right and an affirmative obligation to protect their trademark assets from misuse.18 If the owner does not proactively police the relevant market and enforce its rights against violators, the strength of the mark, the owner’s ability to exclude others from using the same or similar marks in the marketplace, and the value of the asset all will diminish.19 Failure to take action may result in consumers being confused or deceived as to the source or sponsorship of goods or services, harm to the owner’s reputation, and lost sales. A trademark owner is not required to object to all unauthorized uses that might conflict, for not every third- party use poses the same risk of eroding distinctiveness in the marketplace.20 However, widespread unauthorized uses may cause the mark to lose its trademark significance altogether
13 See, e.g., E. Remy & Co., S.A. v. Shaw Ross Int’l Imports, Inc., 756 F.2d 1525, 1533 (11th Cir. 1985).
14 DuPont Cellophane Co., Inc. v. Waxed Products Co., Inc., 85 F.2d 75 (2d. Cir. 1936).
15 Haughton Elevator Co. v. Seeberger, 85 USPQ 80 (Comm. Pat. 1950).
16 Nissen Trampoline Co. v. American Trampoline Co., 193 F. Supp. 745 (S.D. Iowa 1961).
17 Donald F. Duncan, Inc. v. Royal Tops Mfg Co., Inc., 343 F.2d 655 (7th Cir. 1965).
18 See generally, 2 J. Thomas McCarthy, MCCARTHY ON TRADEMARKS AND UNFAIR COMPETITION § 11:91 (4th ed. 2010) (“McCarthy”); see also 1 McCarthy § 2:15 (“A trademark is a kind of property, but a very delicate property right it is. Great care must be taken in the nature of its use, and in the manner in which it is assigned or licensed, lest the significance of the mark be lost.”)
19 See 2 McCarthy § 11:91 (“The only way a trademark owner can prevent the market from becoming crowded with similar marks is to undertake an assertive program of policing adjacent “territory” and suing those who edge to close.”); see also Morningside Group Ltd. v. Morningside Capital Group, L.L.C., 182 F.3d 133, 139 (2d Cir. 1999) (“[T]he successful policing of a mark adds to its strength to the extent that it prevents weakening of the mark's distinctiveness in the relevant market.”).
20 As the USPTO’s Trademark Trial and Appeal Board has observed: “[I]t is entirely reasonable for the [trademark owner] to object to the use of certain marks in use on some goods which it believes would conflict with the use of its marks . . . while not objecting to use of a similar mark on other goods which it does not believe would conflict with its own use.” Chicago Bears Football Club Inc. v. 12th Man/Tennesse LLC, 83 USPQ2d 1073, 1082 (TTAB 2007), quoting McDonald’s Corp. v. McKinley, 13 USPQ2d 1895, 1899-1900 (TTAB 1989).
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and fall into the public domain.21 Thus, diligent enforcement of trademark rights is necessary to help prevent others from unfairly trading off the mark owner’s goodwill and reputation and to protect the public from mistakenly believing that the mark owner authorizes, endorses, sponsors, or is somehow affiliated with another business.
1. Detecting Potential Violations
In view of the potential harms that failure to police rights violations can cause to the public and the trademark owner, mark owners must be proactive in monitoring registration activity at the USPTO and marketplace uses to discover potential trademark violations. For example, trademark owners may search and monitor:
newly filed trademark applications; published trademark applications; recently issued registrations; domain name registrations; the Internet, including Internet auction and news sites; new company names; competitors’ marks and marketing materials; and other uses of trademarks in business.
Small businesses and startup companies that are still in the early phases of developing goodwill in their marks may not have many resources to devote to detecting infringements. But they can still exercise vigilance by asking employees to keep an eye out for trademark violations and by periodically searching the Internet and USPTO’s database of applications and registrations.
When resources permit, trademark owners or their counsel often will contract with a commercial trademark watch service provider to do much of the monitoring for them. The trademark owner will set the parameters of the search in order to create an individualized watch strategy based on the owner’s budget and trademark protection needs. A very distinctive mark with wide use in commerce may benefit from a broad search for potentially conflicting marks, while a highly suggestive or descriptive mark may warrant only a limited search. A typical set of weekly or monthly watch service reports might include several newly filed trademark applications in the United States, several foreign trademark applications that have been published for opposition, as well as a number of domain names that include marks or terms that may conflict with the trademark being protected by the watch service.
2. Evaluating Potential Violations
Once unauthorized uses of the same or similar marks have been identified, the trademark owner typically consults trademark counsel to evaluate the matter and help determine whether action
21 See, e.g., Freecycle Network, Inc. v. Oey, 505 F.3d 898, 906, USPQ2d 1530 (9th Cir. 2007) (observing that “trademark owners are free (and perhaps wise) to take action to prevent their marks from becoming generic and entering the public domain--e.g., through a public relations campaign or active policing of the mark's use.”); BellSouth Corp. v. DataNational Corp., 60 F.3d 1565, 1570 (Fed. Cir. 1995) (“While the ‘Walking Fingers’ logo may once have been a strong candidate for trademark protection, through common usage by virtually all classified directory publishers it can no longer be understood to represent a source of the directories. Instead . . . [it] now identifies the product — classified telephone directories — generally.); see generally 3 McCarthy §17:8.
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should be taken, and if so, the best course of action to protect the owner’s rights and further the owner’s business goals. The first step in determining whether a particular use constitutes a potential rights violation is to consider the available legal theories and examine whether the elements of a claim (under Federal or state law) can be established.
The most common of these theories is trademark infringement. Trademark infringement is the commercial use of the same or similar mark by another that is “likely to cause confusion” among actual or potential customers of the products or services at issue. To prevail on a claim of infringement, the plaintiff must establish that it owns the mark, has priority of use over the defendant’s use of the allegedly infringing mark, and that a likelihood of confusion as to source or sponsorship exists. In general, likelihood of confusion is evaluated on a case-by-case basis, considering the totality of circumstances.
Each circuit court of appeals has its own multi-factor test for evaluating likelihood of confusion necessary to ground a trademark infringement claim. While the articulation of the factors varies somewhat, all of the tests address the same basic types of factors.22 These factors include the similarity of the marks, the similarity or relationship of the respective goods and/or services, the strength (inherent and marketplace) of the asserted mark, the commonality of trade channels and advertising methods, the sophistication of purchasers, whether the accused mark was adopted in bad faith, and the existence of actual confusion.
Although no one factor is necessarily controlling, two key factors are the similarity between the marks and the proximity of the goods and/or services. Average purchasers retain only a general, rather than specific, impression of trademarks. Thus, to qualify as “similar,” marks need not be identical. Rather, the marks need only be sufficiently similar in the overall commercial impression they convey (e.g, they share sufficient similarities in one or more of the following factors: appearance, sound, or meaning). Likewise, the respective goods/services do not have to be identical or even competitive, and need only be related (e.g., they are of the same type, in the same field, used together, or marketed through the same channels of trade). Generally speaking, the more similar the marks, the less related the goods and/or services need to be to find a likelihood of confusion and the less similar the marks, the more related the goods and/or services need to be to find a likelihood of confusion.
Enforcement actions are not, however, limited to those uses that are likely to cause confusion. A reasonable interpretation of the scope of trademark rights also includes those uses that are likely to cause dilution23 -- uses that are likely to tarnish24 the reputation of or blur25 the source-
22 See 4 McCarthy §§ 24:30-24:43 (listing factors by circuit).
23See 15 U.S.C. § 1125(c) (“Subject to the principles of equity, the owner of a famous mark that is distinctive, inherently or through acquired distinctiveness, shall be entitled to an injunction against another person who, at any time after the owner’s mark has become famous, commences use of a mark or trade name in commerce that is likely to cause dilution by blurring or dilution by tarnishment of the famous mark, regardless of the presence or absence of actual or likelihood of confusion, of competition, or of actual economic injury.”) To qualify for federal dilution protection, the mark owner must establish its mark is famous under the factors set out in the statute amongst the general consuming public of the United States. Many states also have laws that protect against dilution of marks.
24 Compare Kraft Food Holdings Inc. v. Helm, 205 F. Supp.2d 946 (N.D. Ill. 2002) (injunction barring use of King Velveeda on adult web site as dilution by tarnishment of Velveeta cheese products) to Starbucks Corp. v. Wolfe's Borough Coffee Inc., 588 F.3d 97 (2d Cir. 1009) (Charbucks line of high quality coffee not found to tarnish Starbucks, in fact, Charbucks may make Starbucks line more desireable).
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identifying function of a mark that qualifies as “famous” by lessening the distinctiveness and selling power of the famous mark. It also includes those uses that constitute cybersquatting, or are otherwise an act of “unfair competition,” such as false advertising.26
3. Additional Enforcement Considerations
Once a problematic mark has been identified, before taking enforcement measures, a prudent trademark owner typically conducts some due diligence and takes into account a number of considerations. For example, because prevailing on an infringement claim requires the mark owner to establish ownership and priority of use of its mark, mark owners often will investigate the third-party’s use to determine whether the mark owner has superior rights, before taking action. Additional considerations may include the distinctiveness and strength of the mark being enforced, how similar the third-party mark is to the owner’s mark, the nature of the third-party use (e.g., directly competitive or ancillary), the trademark owner’s expansion plans for its mark, and the resources the owner has available for enforcement.
Additionally, the perceived level of risk presented by the third-party mark and the desired outcome of the enforcement effort typically affects both the approach and the tone of the enforcement effort. For example, in many cases a mark owner will be satisfied with an outcome where the violator ceases use of the challenged mark. In other cases, monetary relief will also be desired, particularly if intentional copying exists and the unauthorized user has profited from its infringing activities. In still other circumstances, the trademark owner may be willing to permit the unauthorized party to continue use, but subject to certain limitations, such as modifications to the challenged mark or the manner in which it is used, or geographically restricted use of the mark. Or the mark owner may only desire to keep the Federal register clear of similar marks. For example, where a third-party application or registration lists goods or services within the mark owner’s scope of use, but the mark owner does not believe that the third-party’s actual marketplace use is likely to cause confusion, the mark owner may not object to continued use of the third-party mark, but will object to its presence on the register.
4. Typical Enforcement Measures
Once the mark owner has committed to challenge a particular unauthorized mark, the course of action taken depends on the situation presented. The mark owner typically will first set forth its demands in a cease-and-desist letter, pursue settlement, and later may initiate a civil action.
a. Cease-and-Desist Letters
Trademark enforcement efforts usually begin with sending a demand letter, also known as a “cease-and-desist letter.” The cease-and-desist letter serves to put the alleged violator on notice of the mark owner’s rights and the violator’s perceived rights violation. The normal goal of such
25 See e.g., Visa Intl. Serv. Assn. v. JSL Corp., (9th Cir. 2010) (dilution of the credit card company's mark by blurring was likely since Visa and eVisa – a mark used in connection with a multilingual educational and information service – were virtually identical, the common “e” prefix did not distinguish the marks, and two products would be competing for association with the word “Visa”).
26 See 15 U.S.C. § 1125(a)-(d).
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a letter is to obtain early resolution of the matter and spare both parties the time and expense of a civil litigation or inter partes proceeding before USPTO’s Trademark Trial and Appeal Board.
The typical format of a cease-and-desist letter notifies the alleged infringer of the mark owner’s rights, explains why the mark owner believes confusion (or if appropriate, dilution) is occurring, or likely to occur if the alleged infringer continues use of its mark, and sets forth the mark owner’s demands that the alleged infringer take certain actions (e.g., ceasing use, abandoning applications, surrendering domain names, obliterating the mark from existing products, limiting use to a certain manner and scope, paying profits, and the like). The letter also usually requests a response by a specified date or within a specific time frame.
The demands in the letter and the tone (threatening or conciliatory) may vary depending on the facts and circumstances presented. If a violation is sufficiently problematic that the mark owner is prepared to litigate immediately, the letter may threaten such litigation if the violator fails to comply with the demands set forth in the letter. The letter may even be accompanied by a courtesy copy of a complaint that has been or will be filed if the matter cannot be expeditiously resolved to the satisfaction of the mark owner.
Upon receiving a demand letter, the recipient may respond on its own or consult with trademark counsel. Often, counsel will send a “hold” letter to buy time to investigate the merits of the mark owner’s claims, consult with the client, and prepare a response.
Responses to a cease-and-desist letter generally fall into three main categories:
1) The alleged violator agrees to comply with the mark owner’s demands and/or stops using the offending trademark. If this occurs, the parties may memorialize this in writing with either a written response letter that resolves the matter, or if the matter is more complex, via a settlement agreement.
2) The alleged violator does not respond within the specified time frame. At this point, the mark owner often will send a follow-up letter. If no response is forthcoming, the mark owner will either decide to drop its effort and acquiesce in that party’s use, or the mark owner will continue to pursue the matter by filing a lawsuit (typically in a Federal district court). If the owner’s concern relates solely to efforts to register a mark, the owner may opt to file a proceeding with USPTO’s TTAB to petition to cancel a registration or oppose an application, instead of filing a district court action.
3) The alleged infringer denies the allegations of infringement and/or asserts various legal defenses justifying its ability to use its mark, files a declaratory judgment action, or offers a compromise solution for going forward. If the response presents compelling facts or legal points that the mark owner may not have known or failed to consider, the owner may decide to pursue settlement or drop its claims altogether (e.g., if it turns out the alleged infringer can show that it has priority of use). If the mark owner does not believe settlement is possible, the mark owner usually will continue to pursue the matter by filing a lawsuit or initiating a cancellation or opposition proceeding with USPTO’s TTAB.
b. Settlement/License Agreements
If the trademark dispute can be resolved amicably, the parties may enter into a settlement agreement. If the parties believe their marks can co-exist, the agreement terms may include
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provisions governing use and/or registration of the marks aimed at reducing the potential for confusion in the marketplace. For example, settlement agreements may include terms governing the manner and format in which the alleged infringer’s mark may be used (e.g., a particular font or stylization, with a disclaimer, etc.), the products and services on which it may be used, and the geographic areas in which it may be used. In matters where the alleged infringer will cease use of the mark but requires time to transition to a new mark, the agreement typically will include terms addressing the length of time the alleged infringer has to phase out use of its mark.
In appropriate circumstances, a trademark owner may choose to grant a license for the use of its mark by the alleged infringer. When done properly, licensing can enhance trademark recognition and rights. Licensing can also be an effective way to end litigation or a cost-effective alternative to litigation.
Settlement and license agreements usually enable the mark owner to exercise some control over how and by whom its marks are used, thereby protecting the owner’s trademark rights and even strengthening them.
c. Litigation
If the alleged violator does not respond to a cease-and-desist letter or settlement talks are not successful, the mark owner may decide to file a lawsuit seeking to enjoin the unauthorized use. As noted earlier, the most common cause of action mark owners assert in civil actions is trademark infringement. The Trademark Act authorizes suit to be brought for infringement of either federally registered or common law trademark rights.27 In addition to infringement, there are several other legal theories, such as dilution, that may be available to trademark owners under Federal and/or state law, depending on the particular facts presented. The mark owner may also assert state and/or common law infringement and unfair competition claims.
Alternatively, if the disputed mark is the subject of a Federal registration or pending application, the mark owner may choose to initiate, respectively, an inter partes cancellation or opposition proceeding at USPTO’s Trademark Trial and Appeal Board instead of filing a civil litigation. The TTAB’s jurisdiction is limited to determining the right to keep an existing registration or obtain a new registration based on a pending application.28 Because of the limited focus on registration rights, the claims and defenses that can be asserted in TTAB proceedings necessarily are fewer in number than in Federal district courts. For example, claims alleging unfair competition based on the manner of one’s use of a mark cannot be asserted in a TTAB proceeding, and the Board cannot be asked to enjoin another’s use of a mark. Apart from the more limited scope of claims and defenses, trial of TTAB cases also is conducted differently than in the courts. TTAB trials never involve a jury and do not involve in-court presentation of witnesses and evidence. Rather, the trial is conducted primarily by mail and without direct supervision of the Board. The TTAB proceedings do not have all the “bells and whistles” of Federal court litigation, and are designed to be less complex and less expensive than full-blown civil litigation.
27 15 U.S.C. §§ 1114, 1125(a).
28 See 15 U.S.C. §§ 1067, 1068.
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(i) Available Remedies and Deterrents to Coercive Behavior
The Trademark Act provides for a variety of remedies in a civil action.29 The most typical remedy is injunctive relief prohibiting use of the infringing mark. Courts have considerable discretion in fashioning an appropriate injunction. Along with an injunction, a court may order other non-monetary relief, including the destruction of infringing articles,30 corrective advertising, and cancellation of Federal registrations.31
Monetary remedies may also be available, including an accounting of the infringer’s profits, damages sustained by the plaintiff, and the costs of the action.32 Depending on the circumstances of the case, a court may award increased or trebled actual damages where infringement is willful, and attorneys’ fees in exceptional cases.33 Where the infringement involves willful use of a “counterfeit” of a registered mark, statutory damages of up to U.S. $2,000,000 may be awarded and an award of attorneys’ fees imposed, unless the infringer proves extenuating circumstances.34
Courts have broad discretion to award or withhold monetary relief according to the equities and circumstances of the case.35 Generally, the more aggravated the defendant’s conduct, the more likely the court is to grant monetary relief. For example, where the infringement is deliberate and defendant’s use of the mark is intentionally misleading, or where substantial damage has been inflicted on the plaintiff, damages and an accounting are typically appropriate.
One particular remedy that appears to be targeted specifically at unreasonable trademark litigation behavior is the award of attorneys’ fees. In trademark cases, attorneys’ fees are potentially available under the Trademark Act, but only in “exceptional cases.”36 In general, “cases that award attorneys’ fees under 15 U.S.C. § 1117(a) involve truly egregious, purposeful infringement, or other purposeful wrongdoing”37 or behavior that goes “beyond the pale of acceptable conduct.”38
In cases of trademark infringement, courts generally look to the legislative history, which indicates that “exceptional” means “where the acts of infringement can be characterized as
29 15 U.S.C. § 1117. These remedies are not available in TTAB proceedings.
30 15 U.S.C. § 1118.
31 15 U.S.C. § 1119.
32 15 U.S.C. § 1117(a).
33 Id.
34 15 U.S.C. § 1117(b), (c).
35 15 U.S.C. § 1117.
36 15 U.S.C. § 1117(a).
37 Badger Meter, Inc. v. Grinnell Corp., 13 F.3d 1145, 1159 (7th Cir. 1994).
38 Aromatique Inc. v. Gold Seal Inc., 28 F.3d 863 (8th Cir. 1994).
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‘malicious,’ ‘fraudulent,’ ‘deliberate,’ or ‘willful.’”39 In determining whether a defendant is entitled to an award of attorneys’ fees, courts may consider the objective merits of plaintiff’s claims and whether the suit was vexatious or brought to harass.40 Where a plaintiff legitimately tests the boundaries of the law and a court rejects the claim, this generally does not warrant an award of fees.
When Congress amended § 1117(a) of the Trademark Act in 1975 to provide for awards of attorneys’ fees in exceptional cases, it recognized that trademark claims and resulting litigation tactics are subject to abuse by either party. The legislative history of the 1975 amendment notes that attorneys’ fees award were intended to protect and serve successful plaintiffs and also to permit prevailing defendants to recover attorney fees to “provide protection against unfounded suits brought by trademark owners for harassment and the like.”41
Courts further recognize that parties big or small can take unfair advantage of the litigation process. For example, the Seventh Circuit recently attempted to fashion a more balanced test for the award of attorneys’ fees, concluding that:
[A] case under the Lanham Act is ‘exceptional,’ in the sense of warranting an award of reasonable attorneys’ fees to the winning party, if the losing party was the plaintiff and was guilty of abuse of process in suing, or if the losing party was the defendant and had no defense yet persisted in the trademark infringement or false advertising for which he was being sued, in order to impose costs on his opponent. 42
Thus, the potential for an award of attorneys’ fees is an existing deterrent to misuse of the litigation process in trademark disputes.
C. Marketplace Impact
1. Evaluating the Reasonableness of Enforcement Efforts: Coercive Behavior vs. Defense of a Right
A trademark owner must walk a fine line between being too zealous in enforcing its rights and not being zealous enough. The stronger a mark and the more goodwill that attaches to it, the more aggressive an owner is expected and entitled to be in asserting its rights against others.43
39 H. R. Rep. No. 524, 93d Cong., 1st Sess. 2 (1973); S. Rep. No. 93-1400, 93d Cong., 2d Sess. 2 (1974).
40 See generally 5 McCarthy §§ 30:98-30:101 (discussing situations meriting award of attorney fees).
41 S. Rep. No. 93-1400, 93rd Cong., 2d Sess. (1974); see also Mattel, Inc. v. Walking Mountain Productions, 2004 WL 145100 (C.D. Cal. 2004) (in granting defendant costs and over $1.5 million in attorneys’ fees, the court stated that: “Plaintiff had access to sophisticated counsel who could have determined that such a suit was objectively unreasonable and frivolous. Instead, it appears Plaintiff forced Defendant into costly litigation . . . .), on remand from 353 F.3d 792 (9th Cir. 2003) (noting that Mattel’s claims against a photographer who used Barbie’s image in his artwork “may have been groundless or unreasonable” thus warranting an award of attorneys’ fees).
42 Nightingale Home Healthcare, Inc. v Anodyne Therapy, LLC., 626 F.3d 958, 963-64 (7th Cir. 2010).
43 See, e.g., James Burrough, Ltd. v. Lesher, 309 F. Supp. 1154, 1161 (S.D. Ind. 1969) (in an infringement action involving the BEEFEATER gin mark, the court explained: “Any coercion involved, or monopolization effected, is no more than plaintiffs are entitled to exert and effect under the law.”).
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In view of the mark owner’s obligation to police violations, aggressive enforcement of one’s trademark rights does not automatically equate to abuse or bullying. In fact, as suggested by some of those who provided public comments, most trademark owners are not setting out to assert dubious claims or be bullies when they initiate enforcement measures. They are simply trying to protect the strength of their marks and their reputation, and avoid the erosion of rights that may result from inaction. Likewise, most alleged infringers are not acting in bad faith. In fact, many act out of ignorance of the law or a misunderstanding of the scope of the owner’s trademark rights.44
Thus, when it comes to the reasonableness of enforcement efforts, what is considered reasonable will usually depend on which side of the action an entity sits. While those on the receiving end of enforcement actions may view them as coercive or an unjustifiable exercise of the mark owner’s rights, the mark owner typically views these actions as legitimate and necessary to protect its rights.45
Mark owners may, however, sometimes be too zealous and end up overreaching.46 Sometimes they may have an over-inflated view of the strength of the mark and thus the scope of their rights (e.g., they consider their mark famous when it may not actually qualify as famous).47 Other times, they mistakenly believe that to preserve the strength of their mark they must object to every third-party use of the same or similar mark, no matter whether such uses may be fair uses or otherwise non-infringing. They may lose sight of the fact that the effectiveness of enforcement is not measured by how frequently they enforce, but rather by the effect that taking or failing to take action has in the marketplace. “The real question is public perception of plaintiff’s mark, not a battle count of how often it has sued others.”48
44 While no legal requirement exists to search a mark’s availability before adopting it, it generally makes business sense to do so, as it can save time and money by eliminating potential marks that are, for one or more reasons, problematic (e.g., an identical or highly similar mark is already registered or in use for identical or closely related products or services) and reduce the chance of being on the receiving end of an enforcement action. Sometimes, smaller or less experienced businesses skip this crucial clearance step and later learn as a result of an enforcement action that their chosen mark is not available. See generally 1 Gilson § 3.01[2].
45 See, e.g., Procter & Gamble Co. v. Johnson & Johnson, Inc., 485 F. Supp. 1185, 1207 (S.D.N.Y. 1980) (in a suit where the mark owner lost, the court noted: “[Procter & Gamble] cannot be faulted for zealously protecting [its] trademark interest. Indeed, the trademark law not only encourages but requires one to be vigilant on pain of losing exclusive rights. . . . [I]n going to war . . . P & G was entitled to use all the ammunition it had.”), aff'd without op., 636 F.2d 1203 (2d Cir. 1980); see also Tamko Roofing Prods., Inc. v. Ideal Roofing Co., Ltd., 282 F.3d 23, 34 (1st Cir. 2002) (noting that a mark owner’s “failure to enforce their rights may result in the weakening of these rights over time”).
46 See 6 McCarthy § 31:100 (providing the author’s views regarding indiscriminate enforcement efforts).
47 See e.g., Esquire, Inc. v. Esquire Slipper Mfg. Co., Inc., 243 F.2d 540, 545 (1st Cir. 1957) (observing that an owner’s zeal in enforcing its mark “may not have been justified by the mark’s intrinsic strength, but its zeal may well have been born of over-enthusiasm for its relatively weak mark rather than an attempt to browbeat and coerce.”); see also 6 McCarthy § 31:101.
48 2 McCarthy § 11:91.
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2. Examining the Scope of the Asserted Problem
Abusive litigation tactics, in the sense of those tactics employed in litigating a civil action through to trial in district court, do not appear to be a significant problem, since historically only approximately 1.5% of all trademark cases filed ever reach trial and the majority are disposed of before a case reaches the pretrial phase.49 To the extent trademark owners engage in tactics unwarranted by a reasonable interpretation of the scope of the rights they actually possess, it would appear the root of any problem that may exist are the tactics engaged in during pre- litigation or pre-trial enforcement efforts.
Generally, information about pre-litigation enforcement efforts and pre-trial litigation tactics is not made public. For example, the number of trademark-related cease-and-desist letters sent by mark owners is not publicly available.50 Nor are there reliable statistics on the size of the entities sending and receiving such letters or the number or percent that result in termination of use of the challenged mark. Similarly, for those trademark disputes that do get decided by the courts, reliable data concerning the number of cases in which the challenger lost or in which attorneys’ fees were awarded is not readily available.
Given the limited data available, it is extremely difficult to determine the extent to which trademark owners may be purposefully overreaching when enforcing their rights, and doing so with sufficient regularity for it to qualify as a significant problem. It is even more difficult to determine whether alleged coercive litigation tactics are disproportionately used against small businesses or whether such tactics have a more harmful impact on small businesses. For this reason, the USPTO solicited public comments to better assess the existence of and/or extent of this problem.
3. Soliciting Public Comment
In connection with the commissioned study, USPTO requested feedback from U.S. trademark owners, practitioners, and others regarding their experiences with litigation tactics, especially those involving an attempt to enforce trademark rights beyond a reasonable interpretation of the scope of the owner’s rights.
The USPTO posted a notice requesting comments on the USPTO web site in early October 2010.51
49 See http://www.uscourts.gov/Statistics/FederalJudicialCaseloadStatistics.aspx (publishing tables from 2001 to 2010 of Federal Judicial Caseload Statistics; Table C-4 sets forth cases terminated, by nature of suit and action taken).
50 We note that the Chilling Effects Clearinghouse, http://www.chillingeffects.org/, a joint project of the Electronic Frontier Foundation and Harvard, Stanford, Berkeley, University of San Francisco, University of Maine, George Washington School of Law, and Santa Clara University School of Law clinics, is actively compiling a database of cease-and-desist letters alleging trademark rights violations.
51 It is noted that in USPTO’s request for comments posted on October 6, 2010, the term “bullies” was used and described as “a trademark owner that uses its trademark rights to harass ad intimidate another business beyond what the law might be reasonably interpreted to allow.” The posting was later amended to remove the terminology “bullies” and “bullying,” as it was determined that it was more appropriate to use the language appearing in the Trademark Technical and Conforming Amendment Act of 2010; namely, “litigation tactics.”
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Notice of USPTO’s request for comments was also posted on the www.StopFakes.gov web site. Additionally, through the National Institute of Science and Technology’s (NIST) Manufacturing Extension Partnership (MEP), the Notice was sent to small businesses around the U.S., as well as to manufacturing assistance centers for dissemination via their list servers. The Notice was also sent to thousands of USPTO stakeholders via the USPTO’s independent inventor newsletter, The Inventor’s Eye.
The USPTO also coordinated with the U.S. Commercial Service, the trade promotion “arm” of the U.S. Department of Commerce’s International Trade Administration, to hold a roundtable on Trademark Litigation Tactics on February 10, 2011, in Detroit, Michigan. The roundtable, titled “Is There a Bull in the Trademark Shop?,” was held at Wayne State University in Detroit, Michigan, and was part of a day-long seminar designed to educate small businesses about protecting intellectual property in the global marketplace. Attending the roundtable were senior staff from the USPTO as well as law students, practitioners, and several small business owners located in the Michigan area. During the roundtable, the importance of the study was discussed and all attendees were encouraged to provide feedback about their own trademark litigation experiences. Additional topics covered during the discussion and raised by way of audience questions/participation included trademark selection strategies, social media’s role in influencing the debate, and tips on how to avoid trademark litigation.
In addition, USPTO reached out to the U.S. Small Business Administration’s (SBA’s) Office of Advocacy which scheduled a roundtable on this subject. However, the roundtable was canceled due to a lack of participant interest.
The period for responding to the USPTO’s request for comments was originally scheduled to close on January 7, 2011, and was subsequently extended through February 14, 2011. At the close of the four-month comment period, 79 comments were received. The questions posed and the comments received are discussed below.
a. Questions Posed
The USPTO formulated its request for comments to gain both opinions and accounts of personal experiences relating to trademark enforcement and litigation tactics. The questions also sought to address each of the variety of forums in which such tactics may arise. In addition, USPTO’s request welcomed suggestions to address any additional perceived problems.
The following questions were posed:
1. Please identify whether you are a trademark owner or practitioner, and the general size and nature of your business or trademark practice, including the number of trademark applications and registrations your business has, or your practice handles. Please note that USPTO will fully consider any comments you submit, even if you choose not to identify yourself in a particular manner.
2. In approximately the last 5 years, please describe any instances of which you have first- hand knowledge where a small business may have been the target of litigation tactics attempting to enforce trademark rights beyond a reasonable interpretation of the scope of the rights granted to the trademark owner.
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3. Please describe situations where you have been involved in receiving a cease-and-desist letter. Anecdotal information might include, but is not limited to, a description of whether the letter resulted in the small business ceasing its use of one or more marks, or whether the sender of the cease-and-desist letter withdrew or abandoned its demands against the small business owner.
4. Please describe situations where you have been involved in trademark litigation in state or Federal courts. Anecdotal information might include, but is not limited to, a description of whether the lawsuit settled on the basis of the small business agreeing to cease its use of one or more marks, or on the basis of the plaintiff withdrawing or abandoning its trademark-related allegation(s). Alternatively, relevant information might include whether such lawsuits resulted in a court judgment and the nature of the judgment (such as requiring the small business to cease its use of one or more marks, assessing monetary liability (damages, lost profits, or attorneys’ fees) against the small business, requiring the plaintiff to pay the defendant’s attorneys’ fees, or imposing sanctions against the plaintiff under Rule 11 of the Federal Rules of Civil Procedure).
5. Please describe situations where you have been involved in opposition or cancellation proceedings instituted at the USPTO against small business owners. Anecdotal information might include, but is not limited to, a description of whether the proceedings settled on the basis of the small business agreeing to abandon its application(s) for one or more marks, or whether the proceedings settled on the basis of the plaintiff withdrawing or abandoning its notice of opposition or cancellation petition. Alternatively, relevant information might include a description of whether such proceedings resulted in a decision by USPTO Trademark Trial and Appeal Board (TTAB) refusing to register/canceling one or more marks owned by the small business, or whether such proceedings resulted in the TTAB imposing sanctions against the plaintiff under Rule 11 of the Federal Rules of Civil Procedure.
6. Do you think trademark owners currently encounter the problem of other trademark owners using their trademark rights to harass and intimidate another business beyond what the law might be reasonably interpreted to allow? If so, how significant is the problem?
7. Do you think aggressive litigation tactics are more pervasive in the trademark area than in other areas of the law?
8. Do you think USPTO has a responsibility to do something to discourage or prevent aggressive trademark litigation tactics? If yes, what should USPTO do?
9. Do you think U.S. courts have a responsibility to do something to discourage or prevent aggressive trademark litigation tactics? If yes, what should U.S. courts do?
10. What other U.S. agencies may have a responsibility to do something about the problem?
11. Do you think Congress has a responsibility to do something to discourage or prevent aggressive trademark litigation tactics? If yes, what should Congress do?
12. Please provide any other comments you may have.
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b. Comments Received
In response to the request for comments, USPTO received feedback from 79 interested parties. The comments reflected a diverse range of views. Of the 79 comments received, 33 were from small business owners, 13 were from attorneys, 4 were from professors, 2 were from attorneys on behalf of small business owners, 4 were from intellectual property organizations, including one that surveyed its membership and reported the results, and 23 were from other interested parties. Comments were received from major intellectual property stakeholder organizations, including the American Bar Association Intellectual Property Law Section, the American Intellectual Property Law Association, the International Trademark Association, and the Intellectual Property Owners Association. The American Bar Association Intellectual Property Law Section surveyed its membership on aggressive litigation tactics using its own questions, and over 270 members appear to have responded to the organization’s survey. In summarizing the results of its survey, the organization noted that aggressive litigation tactics appear not to be unique to the trademark field, that judges should address any problems with such tactics in particular cases in lieu of any systemic attempt to address the problems, and that the consensus of those surveyed was that no legislative action is needed.
Most of the direct respondents claimed at least some degree of first-hand knowledge of instances where unduly aggressive trademark litigation or pre-litigation tactics (e.g., cease-and-desist letters) were targeted at a small business. Many of these were directly involved in the issuance or receipt of cease-and-desist letters. Significantly, relatively few had direct experience with litigation in the courts or USPTO’s Trademark Trial and Appeal Board (TTAB). When asked if they currently encounter the problem of other trademark owners using their trademark rights to harass and intimidate another business beyond what the law might be reasonably interpreted to allow (e.g., is “trademark bullying a problem”), few commenters explicitly addressed whether and to what extent this issue is a significant problem. Given the limited number of comments and the varied nature of the commenters own experiences, the comments may be better viewed as anecdotal.
(i) Cease-and-Desist Letters and Pre-Litigation Issues
With respect to cease-and-desist letters, many of the comments acknowledged regular use of these letters in the trademark field. A handful of small business owners explained that they withdrew their trademark applications after receiving a cease-and-desist letter because they lacked the time or financial resources to litigate against a larger, wealthier company. This imbalance of resources was a common theme among many of the comments concerned with the threat of litigation, including one noting that litigation is too expensive to be a realistic option for many small businesses.52 Other commenters, however, recognized that cease-and-desist letters
52 According to the AIPLA Report of the Economic Survey, 2009, trademark infringement litigation costs total on average $384,000 when less than $1 million is at issue, $857,000 when $1-$25 million is at issue and $1,746,000 when over $25 million is at issue.
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have a legitimate purpose, explaining that most are sent in good faith, and only a small percentage result from overzealous protection of a mark. Some commenters explained that trademark owners have an obligation to police their marks, and the cease-and-desist letter is a necessary, cost-effective part of the process.
(ii) Actual Litigation Issues
Regarding actual litigation experiences, some of those relative few with direct experience on the subject opined that discovery and deposition processes were too costly for many small businesses and provided a means for a party to thwart progress in a case and to drain resources from an adversary. In contrast, others recognized that in Federal court proceedings, Rule 11 of the Federal Rules of Civil Procedure provides an effective mechanism to combat overreaching.
Some of these commenters with direct litigation experience expressed concern that all the safeguards present in Federal courts are not available in TTAB proceedings. Specifically, one commenter contrasted the power of a Federal judge to hold a party accountable and impose sanctions for bad conduct with the more limited array of options available to a TTAB judge to combat overreaching in TTAB litigation. Other commenters provided a different viewpoint and stated that both the courts and TTAB offer effective options to combat bad conduct and stressed the need to better educate the public and small business owners about legal protections already built into the system.53
(iii) How Tactics in IP Cases Compare to Other Types of Cases
The American Bar Association Intellectual Property Section inquired in its survey if aggressive litigation tactics are more pervasive in the trademark area than in other areas of the law. Of the 196 respondents to this question, 44% opined that aggressive litigation tactics are no more or less pervasive in trademark law than in other areas of the law.
53 There are similarities and differences between district court and TTAB proceedings. For example, both the TTAB and courts apply Federal Rule 11. But unlike the courts, the TTAB does not make awards of costs and fees.
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The responses to USPTO’s request for comments reflected mixed viewpoints on whether aggressive litigation tactics are more pervasive or worse in the trademark realm than in other areas. Many conceded a lack of perspective to compare various areas of law. Several commenters stressed that allegations of improper litigation tactics are not unique to trademark law, and a minority of respondents noted that they do not believe a problem exists in trademark enforcement litigation. For example, one attorney noted, “Many areas of civil law could be described as aggressive (i.e., insurance defense, medical malpractice, product liability). It is unreasonable and unwarranted to target the area of trademark law. Much of trademark litigation is not so much ‘aggressive’ as it is necessarily proactive.” One comment also noted that the presence of social media, and the potential publicity generated thereby, reduces the incidence of improper conduct. This comment raises the question whether, and suggests the possibility that, social media web sites act as checks on overzealous litigation because users of social media reveal and publicize the identities of alleged overreachers. However, a number of commenters on this issue opined that aggressive tactics are more prevalent in the trademark area, with multiple comments indicating that some trademark owners seem to feel compelled to challenge all uses of their marks.
(iv) Size and Resource Imbalances
One commenter acknowledged that trademark owners should have the right to protect their marks, but stated that the aggressive tactics used by overreachers presents a problem for the entire intellectual property community by threatening legitimate activities and clogging the legal system with invalid claims. Another commenter noted that “small companies and individuals are placed in a difficult position where surrender of valid trademarks that are being lawfully used is the only rational financially-feasible option available.” Yet another party explained that this is a growing problem within the field of trademarks and that the parties engaging in improper conduct are not limited to parties of any particular size, with both large and small businesses on both sides of the proceedings. One small business owner explained that overreaching with claims can sometimes lead to the demise of a business, as the potential costs for rebranding can force a small business out of the marketplace.54
(v) Suggestions for USPTO or TTAB Actions
Even though relatively few respondents had direct experience with litigation in the TTAB or the courts, many nonetheless provided suggested actions for USPTO and TTAB, or the courts, to consider. Most commenters opined that USPTO has a responsibility to do something to discourage or prevent aggressive trademark litigation tactics, with a minority stating that this
54 According to the AIPLA Report of the Economic Survey, 2009, on average, law firms charge $1,440 to perform a trademark clearance search, analysis, and opinion, $867 to prepare and file a trademark application, and $1,678 for prosecution of a trademark registration. These costs are in addition to a wide variety of advertising or marketing expenses used to promote a mark.
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should be left to the courts. Some commenters expressed the viewpoint that the issue was the sole responsibility of the USPTO.
Many commenters suggested that the TTAB amend its rules to provide for sanctions against such tactics and to proactively prevent such tactics. One commenter proposed additional scrutiny for parties “known to use” such tactics and another proposed that USPTO substantially increase fees for filing oppositions and cancellations, with a reduced fee for smaller entities. Others proposed that the agency encourage settlement agreements to lessen the burden on the parties, and closely monitor the progress of proceedings to prevent undue delay and costs, with one commenter opining that the duration of the average inter partes proceeding is a powerful incentive for a small business to concede.
The comments included several suggestions that USPTO raise awareness of the protections available from and provide information on how to respond to aggressive tactics.
(vi) Suggestions for the Courts
Turning to the courts, the majority of commenters with suggestions for improvements took the position that courts also bear a responsibility to discourage or prevent aggressive litigation tactics. Specific suggestions ranged from proposals that attorneys’ fees and sanctions should be more readily assessed, to a proposal for pro bono legal counsel for small businesses, to a proposal that the court system provide an initial screening of claims to reject frivolous lawsuits at the outset. Those holding the minority view either believe no problem exists with the current system or that the courts already have tools to effectively deal with such overreaching tactics. One comment noted that although existing remedies are available, courts are generally reluctant to use them. Rather than invoking a “one size fits all” approach, one comment expressed that “curbing abusive trademark litigation practices should be left to the judiciary on a case-by-case basis.”
(vii) Suggestions for Other Federal Agencies, Non-Federal Organizations, and Congress
Many commenters proposed the involvement of other Federal agencies to help address these issues, including the U.S. Department of Justice, U.S. Department of State, U.S. Customs and Border Protection, U.S. Small Business Administration (SBA), Federal Communications Commission (FCC), and Federal Trade Commission (FTC). One commenter suggested a hotline monitored by the FTC or USPTO. Others also proposed involvement from bar associations, the SBA, and the Better Business Bureau to help educate small businesses and assist in these types of difficult situations.
Finally, most commenters opined that Congress has a responsibility to discourage or prevent aggressive trademark litigation tactics, with a minority noting that there is no problem to address or that the issue does not require legislative action.
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Many respondents expressed concern that the Federal trademark anti-dilution laws may be abused where the asserted marks have very dubious claims to the “famous” status required for such claims.
As stated in one comment, if every trademark owner utilized aggressive litigation tactics, including cease-and-desist letters, “under the presumption that its marks were ‘famous,’ then those marks would for all practical purposes be ‘trademarks in gross,’ enforceable as to all goods and services.” Some commenters therefore proposed that the anti-dilution laws be amended to prevent such misuse.
One commenter proposed that Congress enact legislation providing standards for sending cease- and-desist letters. Another respondent suggested that Congress amend the Trademark Act to eliminate the current provision for the registration of descriptive terms that have acquired distinctiveness, so that descriptiveness would constitute an absolute bar to registration. Yet another argued for legislative reform to prevent any trademark protection of common terms or phrases. Several comments proposed Congressional hearings on these issues.
One comment proposed legislative reform to address trademark use in the context of artistic works, noting the lack of a statutory affirmative defense to trademark infringement that would protect this type of use. The commenter opined that such legislative reform could prevent many improper trademark claims against artists. Finally, another commenter proposed that Congress codify a trademark misuse defense to allegations of trademark infringement, so that courts could dismiss lawsuits when it is demonstrated that the plaintiff is attempting to use its mark for anti- competitive purposes or otherwise in violation of the law.
III. Federal Government Resources to Protect Intellectual Property and Prevent Counterfeiting
Start-up businesses and small and medium-sized enterprises (SMEs) are principal sources of innovation and are vital to U.S. economic growth. Statistics show that small businesses created more than 5.5 million new jobs in the United States during the 1990s. In the current global economy, protecting innovations in the United States and abroad is important for small businesses as they seek to develop a market presence overseas. The United States Government has many resources available to assist SMEs with intellectual property issues. Those resources that relate to trademark protection and counterfeit prevention in the U.S. market are discussed in this section of the report.
The Department of Commerce’s International Trade Administration’s (ITA) Office of Intellectual Property Rights (OIPR) and U.S. and Foreign Commercial Service (USFCS) work with U.S. firms to help them protect their intellectual property domestically and abroad by offering comprehensive, customized solutions to international trade challenges. The USPTO, responsible
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for granting and administering patents and trademarks, works with SMEs to assist them in protecting their intellectual property. Other Federal Government entities, including the U.S. International Trade Commission (USITC) and the Small Business Administration (SBA), all work to protect and enforce intellectual property on behalf of all intellectual property rights (IPR) stakeholders. The National Intellectual Property Rights Coordination Center (IPR Center) works to deter, interdict, and investigate threats arising from the movement of illegal goods into and out of the United States. Collectively, the Federal agencies discussed below work together to assist small businesses in protecting and enforcing their intellectual property, including trademarks.
A. Department of Commerce’s International Trade Administration’s Office of Intellectual Property (OIPR)
The Department of Commerce (DOC) has undertaken numerous activities to assist SMEs in protecting and enforcing IPR, both in the United States and abroad. OIPR develops and coordinates ITA input on trade-related intellectual property rights policies, programs and practices, and assists companies to overcome challenges to protecting and enforcing their IPR.
StopFakes.gov: The most comprehensive tool available to assist SMEs is the StopFakes.gov web site. ITA, on behalf of U.S. intellectual property agencies, launched the web site (www.StopFakes.gov) in 2004 to provide updates and links to Executive Branch IPR programs. ITA continues to manage this resource, which houses useful information for SMEs.
(1-866-999-HALT): The DOC manages a hotline under the Strategy for Targeting Organized Piracy (STOP) initiative to help SMEs protect their intellectual property rights in the United States and abroad. This hotline is answered by USPTO experts, who work with OIPR to help businesses secure and enforce their IPR, including by ensuring that U.S. businesses enjoy the full benefits of bilateral and multilateral IPR related trade agreements.
Online SME IPR Training Modules: OIPR worked with the USPTO, the SBA, and the Foreign Commercial Service (FCS) to develop an online training program for SMEs to learn how to evaluate, protect, and enforce their IPR. The program is available for free online at www.StopFakes.gov. The module has been translated into Spanish and French to broaden our domestic and foreign outreach with this tool.
Outreach and Seminars: OIPR regularly conducts outreach and training events about how companies can protect and enforce IPR in the U.S. and overseas. Outreach events are conducted in-person and via webinar.
Protecting IPR at Trade Fairs: The DOC developed a program to promote IPR protection at domestic and international trade fairs. The DOC is educating trade fair attendees, exhibitors, and organizers about the value of IPR, raising awareness of IPR issues at trade fairs, and promoting IPR protection at trade fairs and pavilions that the DOC operates, certifies, or supports.
B. United States Patent and Trademark Office
Trademark Resources: The USPTO web site contains considerable information on the trademark searching, prosecution, and maintenance process. USPTO’s Trademark Assistance Center provides general information about the trademark registration process and responds to inquiries about the status of trademark applications and registrations. This information is also available on the USPTO web site through which SMEs can access the Trademark Electronic Search System to search for potentially conflicting federally registered marks and pending
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applications. The USPTO posts on its home page information about TTAB proceedings, including information about the Board’s Accelerated Case Resolution, arbitration, and mediation options.
IPR Awareness: The USPTO offers several IPR awareness programs that are tailored to the most critical IP issues for small businesses. For example, since 2005, USPTO has offered free Intellectual Property Awareness Campaign (IPAC) “IP Basics” programs to more than 1,000 SMEs in various cities throughout the U.S. These events include presentations on how to protect and enforce trademarks domestically and internationally. USPTO also offers China “Road shows” to businesses throughout the U.S. In addition, USPTO Global Intellectual Property Academy (GIPA) has produced six modules on intellectual property protection and enforcement in five languages; namely, English, Spanish, French, Arabic, and Russian. These web-based seminars cover all areas of intellectual property protection, including trademarks and geographical indications.
Patent Trademark Depository Libraries (PTDL): The USPTO has a network of Patent Trademark Depository Libraries (PTDL), which are a rich local resource for small businesses, research and development firms, university and governmental laboratories, and independent inventors and entrepreneurs. Services at the libraries are free, and include assistance in accessing and using patent and trademark documents, training on USPTO databases, obtaining access to the USPTO web site, and hosting public seminars on intellectual property topics for novice and experienced innovators. There are 82 PTDLs in 46 states, the District of Columbia, and Puerto Rico.
C. Department of Commerce’s CommerceConnect
Announced in 2009, CommerceConnect is a one-stop-shop initiative in which Commerce Department employees are cross-trained so that they can connect firms to the full menu of Commerce programs and can link business owners with other Federal, state, local, and nonprofit resources. The effort is designed to cut through red tape and simplify access to services and resources that can help companies grow, create jobs, and become more efficient. CommerceConnect offers an integrated and comprehensive portfolio of Federal, state, local, and non-profit business assistance resources including more than 70 U.S. Department of Commerce programs -- many at no cost to U.S. entrepreneurs and businesses. Trained CommerceConnect specialists can assess clients’ business needsI -- including issues related to intellectual property protection -- and refer them to appropriate resources.
D. U.S. Small Business Administration
SBA provides non-monetary support to small businesses to assist them in developing their businesses. SBA partners with a non-profit organization known as Service Corps of Retired Executives (SCORE). SCORE members are trained to serve as counselors, advisors, and mentors to aspiring entrepreneurs and business owners. These services are offered at no fee as a community service. As part of this association, retired executives assist entrepreneurs and small businesses in the formation and growth of their enterprises. There are 389 SCORE chapters in urban, suburban, and rural communities in the U.S. and U.S. Territories. Through SBA’s partnership with SCORE, businesses may use SCORE’s web site to identify potential mentors on “intellectual property,” “patents,” “trademarks,” and “copyright” subject areas. Through their ASK SCORE online program, online workshops on IPR are available and users can connect with successful executives with a breadth of experience in intellectual property issues.
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E. U.S. International Trade Commission
The U.S. International Trade Commission (USITC) investigates claims regarding intellectual property rights violations stemming from importation of goods, including allegations of patent and trademark infringement. Section 337, 19 U.S.C. § 1337, declares it unlawful to import items that infringe utility and design patents, as well as registered and common law trademarks, and registered copyrights. USITC provides information on Section 337 at www.usitc.gov/trade_remedy/int_prop/index.htm. USITC also has a Trade Remedy Assistance Office (TRAO) that provides information to small businesses concerning the remedies and benefits available under U.S. trade laws and assists eligible small businesses in preparing and filing a Section 337 complaint.
F. National Intellectual Property Rights Coordination Center
The National Intellectual Property Rights Coordination Center (IPR Center) is a task force that uses expertise of its member agencies to share information, develop initiatives, and conduct investigations related to intellectual property theft. As an integrated task force, the IPR Center uses the expertise of its member agencies to share information, develop initiatives, coordinate enforcement actions, and conduct investigations related to IP theft. The IPR Center is accessible to users, including members of the general public, industry, trade associations, law enforcement, and government agencies. All of the said entities are encouraged to report violations of intellectual property rights through the IPR Center web site. The information provided is reviewed by IPR Center staff and disseminated for appropriate investigative response and tactical use to IPR Center partners.
The units have embedded interagency representation from the following key investigative authorities: U.S. Immigration and Customs Enforcement; U.S. Customs and Border Protection; Federal Bureau of Investigation; Food and Drug Administration-Office of Criminal Investigations; U.S. Postal Inspection Service; Department of Commerce International Trade Administration; United States Patent and Trademark Office; and Government of Mexico Tax Administration Service.
The IPR Center also coordinates and provides domestic and international IPR outreach and training to law enforcement, industry, and the public. For example, Operation Joint Venture conducts outreach and disseminates information to private industry regarding IPR issues.
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IV. Recommendations55
After careful review of the available information regarding trademark litigation tactics and comments received from concerned intellectual property stakeholders, it is unclear whether small businesses are disproportionately harmed by enforcement tactics that are based on an unreasonable interpretation of the scope of an owner’s rights. Indeed, the 79 comments received in response to USPTO’s request for comments reflected a diverse range of views on the subject, yet few explicitly addressed whether and to what extent unreasonable enforcement of trademark rights is a significant problem.
Ultimately, because trademark enforcement is a private property rights litigation issue, if abusive tactics are a problem, such tactics may best be addressed by the existing safeguards in the litigation system and by private sector outreach, support and education relating to these issues. However, to the extent small businesses are disproportionately adversely affected by such tactics because they lack the funds to hire counsel to defend against them, the Department of Commerce, in consultation with the Intellectual Property Enforcement Coordinator, will undertake the following actions:
Engage the private sector about providing free or low-cost legal advice to small businesses via pro bono programs and IPR clinics;
Engage the private sector about offering continuing legal education programs focused on trademark policing measures and tactics; and
Enhance Federal agency educational outreach programs by identifying resources that enable small businesses to further their understanding of trademark rights, enforcement measures, and available resources for protecting and enforcing trademarks.
Each of these recommendations is discussed below.
A. Intellectual Property Rights Counseling for Small Businesses
As our research and several submissions point out, there are sufficient mechanisms in place to deter or punish those who resort to abusive trademark litigation tactics. Specifically, attorneys’ fees appear to be a deterrent to trademark litigation abuse because trademark owners know that a successful defendant may recover legal fees where the plaintiff’s allegations of trademark infringement are so baseless as to be frivolous.
From the submissions, it seems that the costs associated with securing trademark counsel to respond to trademark enforcement efforts has the greatest negative impact on small businesses. For example, the expense of hiring an attorney to challenge a frivolous cease-and-desist letter may be too much for a small business to absorb, or the esoteric issues may simply be too daunting, thereby preventing the small business from even attempting to mount an entirely legitimate challenge to a threat of litigation. In such cases, small businesses may instead chose to
55 Although the legislation called on the Secretary of Commerce and the IPEC to make any “policy recommendations” they deemed appropriate, the Department of Commerce herein commits to adopt policies it has identified as likely to assist trademark owners enforce their rights reasonably and assist small businesses navigate these complex intellectual property issues.
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give in to the trademark owner’s baseless demands without a fight. We conclude, therefore, that small business owners could benefit from private sector programs offering low-cost or free trademark advice to help them respond to frivolous claims of trademark infringement.
The Department of Commerce, in consultation with the Intellectual Property Enforcement Coordinator, will engage stakeholders and bar associations to investigate the possibility of the private sector providing comprehensive low-cost or pro bono legal assistance to small business owners to help them respond to frivolous claims of trademark infringement. An example of an existing program on which such an initiative could be modeled is the one offered by the Export Legal Assistance Network (ELAN), a program established by the Federal Bar Association to offer free export legal advice, and supported by the U.S. Department of Commerce and the U.S. Small Business Administration. Through this program, small businesses can obtain an initial legal consultation from knowledgeable lawyers versed in the legal aspects of international trade free of charge. Applying this model to the present facts, knowledgeable trademark lawyers could provide legal advice to small businesses at a reduced rate or free of charge to help them determine if a claim of trademark infringement has any merit and, in cases where the claim is baseless, to help them formulate a response.
In addition, the Department of Commerce, in consultation with the Intellectual Property Enforcement Coordinator, will engage in discussions with universities, bar associations, and intellectual property rights organizations regarding development of additional pro bono/legal clinic IPR programs geared specifically toward small business owners and independent inventors. Such clinics can provide low-cost or free trademark advice to help small businesses respond to frivolous claims of trademark infringement, and should be considered as well. For example, USPTO is considering expansion of its already established law school clinic program. In August 2008, the USPTO launched a Law School Clinical Certification Program that allows law students to practice before the Agency in patent and trademark prosecution matters under the strict guidance of a Law School Clinical faculty Supervisor. Currently, 15 schools in the program offer trademark prosecution services. In the first year of the program, students filed a total of 37 trademark applications on behalf of clinic clients. Given the success of this pilot, USPTO is investigating additional pro bono models that will expand assistance.
B. Engage the Private Sector about Offering Continuing Legal Education Programs Focused on Trademark Policing Measures and Tactics
As noted above, trademark owners are under an obligation to protect their trademarks, because if the owner does not police the relevant mark and enforce its rights against infringers, the strength and value of the mark could be diminished. As the submissions indicate, many skilled practitioners believe that under existing case law they are obliged to err on the side of sending a cease-and-desist letter to protect their clients’ rights. Evaluating when a cease-and-desist letter is necessary and the demands such a letter should contain can be a difficult decision.
Increasing efforts to educate trademark lawyers about how to appropriately protect a client’s mark can help address this problem and reduce the number of inappropriate cease-and-desist letters. We note that the intellectual property bar associations have the expertise and infrastructure to provide continuing legal education programs to lawyers dealing with the issues of infringement and proper protection of trademark rights, including best practices for cease-and- desist letters.
Accordingly, the Department of Commerce, in consultation with the Intellectual Property Enforcement Coordinator, will convene a meeting of interested stakeholders, including interested
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intellectual property bar associations, to discuss the feasibility of providing continuing legal educational programs focused on trademark policing measures and tactics.
C. Educate Small Businesses about Intellectual Property Rights and Available Protection and Enforcement Resources
The Department of Commerce, in consultation with the Intellectual Property Enforcement Coordinator, will work to enhance educational outreach to provide small businesses with information about intellectual property rights and to identify resources they need to protect and enforce such rights.
Educating small businesses about the IP system at large, both in the United States and abroad, and about Federal Government resources available to assist them in the IP context, could help decrease the use and the effectiveness of any overly aggressive trademark litigation tactics, and would be responsive to the public input received. IPR awareness was repeatedly highlighted by commenters as an area where small businesses need assistance and look to the Federal Government more generally for guidance. A number of comments reflected or suggested the need for many small businesses to build a better understanding of trademark rights and the relevant legal framework. Achieving better IPR awareness could favorably impact litigation tactics from the perspective of an enforcer, who may benefit from understanding that some situations do not merit the use of aggressive litigation tactics and that the law may not require them. Another favorable impact could stem from a better educated accused infringer, who may benefit from background knowledge to assess the propriety of the accused use and to understand the rationale behind the trademark enforcement efforts taking place. Thus, the Department of Commerce will take steps to increase awareness of resources available to small businesses to help them obtain and protect their intellectual property rights.
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Appendix A: USG Resource Contact Information Sheet
STOP Hotline at 1-866-999-HALT.
“SME IP Training Tutorial” an online training tool for SMEs http://www.StopFakes.gov/525/menu/index.htm.
“APEC Intellectual Property Explorer,” tool helps businesses identify their intellectual property assets, http://www.stopfakes.gov/.
“Experts’ Advice for Small Businesses Seeking Foreign Patents” (GAO Report), http://www.gao.gov/new.items/d03910.pdf.
USPTO Inventors Assistance, http://www.uspto.gov/inventors/iac/index.jsp; FAQs, http://www.uspto.gov/inventors/independent/index.jsp; and computer-based training, “From Concept to Protection,” http://www.uspto.gov/inventors/index.jsp
USPTO “TMIN,” the Trademark Information Network, which features broadcast-style videos that cover important topics and application filing tips, http://www.uspto.gov/trademarks/process/TMIN.jsp
“International IP Advisory Program”, through which U.S. small businesses can obtain one hour of free legal advice on their IP issues in various countries, http://www.stopfakes.gov/int_ipr_ap.asp
U.S. Copyright Office website for registration and general information (including Circular 1, “Copyright Basics”): http://www.copyright.gov,
USITC’s Trade Remedy Assistance Office (TRAO): online www.usitc.gov/trade_remedy/trao , by telephone at (800) 343-9822 or (202) 205-2200, or by fax at (202) 205-2139.
A
Appendix B: Acronyms
AIPLA American Intellectual Property Law Association APEC Asia-Pacific Economic Cooperation DOC Department of Commerce FCS Foreign Commercial Service FTC Federal Trade Commission GIPA Global Intellectual Property Academy INTA International Trademark Association IPAC Intellectual Property Awareness Campaign IPEC Intellectual Property Enforcement Coordinator IPO Intellectual Property Owner’s Association IPR CENTER National Intellectual Property Rights Coordination Center ITA International Trade Administration NTIA National Telecommunications and Information Administration OECD Organization for Economic Cooperation and Development OIPR Office of Intellectual Property Rights PTDL Patent and Trademark Depository Library SBA Small Business Administration SCORE Service Corps of Retired Executives SME Small to Medium Sized Enterprise TRAO Trade Remedy Assistance Office (United States International Trade Commission) TTAB Trademark Trial and Appeal Board USG United States Government USITC United States International Trade Commission USPTO United States Patent and Trademark Office USTR United States Trade Representative
B S. 2968
One Hundred Eleventh Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday, the fifth day of January, two thousand and ten
An Act To make certain technical and conforming amendments to the Lanham Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Trademark Technical and Con- forming Amendment Act of 2010.’’.
SEC. 2. DEFINITION. For purposes of this Act, the term ‘‘Trademark Act of 1946’’ means the Act entitled ‘‘An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other pur- poses’’, approved July 5, 1946 (commonly referred to as the ‘‘Lanham Act’’; 15 U.S.C. 1051 et. seq).
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. (a) CERTIFICATES OF REGISTRATION.—Section 7 of the Trade- mark Act of 1946 (15 U.S.C. 1057) is amended— (1) by inserting ‘‘United States’’ before ‘‘Patent and Trade- mark Office’’ each place that term appears; (2) in subsection (b), by striking ‘‘registrant’s’’ each place that appears and inserting ‘‘owner’s’’; (3) in subsection (e)— (A) by striking ‘‘registrant’’ each place that term appears and inserting ‘‘owner’’; and (B) in the third sentence, by striking ‘‘or, if said certifi- cate is lost or destroyed, upon a certified copy thereof’’; and (4) by amending subsection (g) to read as follows: ‘‘(g) CORRECTION OF PATENT AND TRADEMARK OFFICE MIS- TAKE.—Whenever a material mistake in a registration, incurred through the fault of the United States Patent and Trademark Office, is clearly disclosed by the records of the Office a certificate stating the fact and nature of such mistake shall be issued without charge and recorded and a printed copy thereof shall be attached to each printed copy of the registration and such corrected registra- tion shall thereafter have the same effect as if the same had been originally issued in such corrected form, or in the discretion of the Director a new certificate of registration may be issued without charge. All certificates of correction heretofore issued in accordance with the rules of the United States Patent and Trade- mark Office and the registrations to which they are attached shall S. 2968—2 have the same force and effect as if such certificates and their issue had been specifically authorized by statute.’’. (b) INCONTESTABILITY OF RIGHT TO USE MARK UNDER CERTAIN CONDITIONS.—Section 15 of the Trademark Act of 1946 (15 U.S.C. 1065) is amended— (1) by striking ‘‘right of the registrant’’ and inserting ‘‘right of the owner’’; (2) by amending paragraph (1) to read as follows: ‘‘(1) there has been no final decision adverse to the owner’s claim of ownership of such mark for such goods or services, or to the owner’s right to register the same or to keep the same on the register; and’’; and (3) in paragraph (2), by inserting ‘‘United States’’ before ‘‘Patent and Trademark Office’’. (c) APPEAL TO COURTS.—Section 21 of the Trademark Act of 1946 (15 U.S.C. 1071) is amended— (1) by inserting ‘‘United States’’ before ‘‘Patent and Trade- mark Office’’ each place that term appears; (2) in subsection (a)(1), by inserting ‘‘or section 71’’ after ‘‘section 8’’; and (3) in subsection (b)(4), by striking ‘‘If there be’’ and inserting ‘‘If there are’’. (d) CONFORMING REQUIREMENTS FOR AFFIDAVITS.— (1) DURATION, AFFIDAVITS AND FEES.—Section 8 of the Trademark Act of 1946 (15 U.S.C. 1058) is amended to read as follows: ‘‘SEC. 8. DURATION, AFFIDAVITS AND FEES. ‘‘(a) TIME PERIODS FOR REQUIRED AFFIDAVITS.—Each registra- tion shall remain in force for 10 years, except that the registration of any mark shall be canceled by the Director unless the owner of the registration files in the United States Patent and Trademark Office affidavits that meet the requirements of subsection (b), within the following time periods: ‘‘(1) Within the 1-year period immediately preceding the expiration of 6 years following the date of registration under this Act or the date of the publication under section 12(c). ‘‘(2) Within the 1-year period immediately preceding the expiration of 10 years following the date of registration, and each successive 10-year period following the date of registration. ‘‘(3) The owner may file the affidavit required under this section within the 6-month grace period immediately following the expiration of the periods established in paragraphs (1) and (2), together with the fee described in subsection (b) and the additional grace period surcharge prescribed by the Director. ‘‘(b) REQUIREMENTS FOR AFFIDAVIT.—The affidavit referred to in subsection (a) shall— ‘‘(1)(A) state that the mark is in use in commerce; ‘‘(B) set forth the goods and services recited in the registra- tion on or in connection with which the mark is in use in commerce; ‘‘(C) be accompanied by such number of specimens or fac- similes showing current use of the mark in commerce as may be required by the Director; and ‘‘(D) be accompanied by the fee prescribed by the Director; or S. 2968—3 ‘‘(2)(A) set forth the goods and services recited in the reg- istration on or in connection with which the mark is not in use in commerce; ‘‘(B) include a showing that any nonuse is due to special circumstances which excuse such nonuse and is not due to any intention to abandon the mark; and ‘‘(C) be accompanied by the fee prescribed by the Director. ‘‘(c) DEFICIENT AFFIDAVIT.—If any submission filed within the period set forth in subsection (a) is deficient, including that the affidavit was not filed in the name of the owner of the registration, the deficiency may be corrected after the statutory time period, within the time prescribed after notification of the deficiency. Such submission shall be accompanied by the additional deficiency sur- charge prescribed by the Director. ‘‘(d) NOTICE OF REQUIREMENT.—Special notice of the require- ment for such affidavit shall be attached to each certificate of registration and notice of publication under section 12(c). ‘‘(e) NOTIFICATION OF ACCEPTANCE OR REFUSAL.—The Director shall notify any owner who files any affidavit required by this section of the Director’s acceptance or refusal thereof and, in the case of a refusal, the reasons therefor. ‘‘(f) DESIGNATION OF RESIDENT FOR SERVICE OF PROCESS AND NOTICES.—If the owner is not domiciled in the United States, the owner may designate, by a document filed in the United States Patent and Trademark Office, the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the last designated address, or if the owner does not designate by a document filed in the United States Patent and Trademark Office the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark, such notices or process may be served on the Director.’’. (2) AFFIDAVITS AND FEES.—Section 71 of the Trademark Act of 1946 (15 U.S.C. 1141k) is amended to read as follows:
‘‘SEC. 71. DURATION, AFFIDAVITS AND FEES. ‘‘(a) TIME PERIODS FOR REQUIRED AFFIDAVITS.—Each extension of protection for which a certificate has been issued under section 69 shall remain in force for the term of the international registration upon which it is based, except that the extension of protection of any mark shall be canceled by the Director unless the holder of the international registration files in the United States Patent and Trademark Office affidavits that meet the requirements of subsection (b), within the following time periods: ‘‘(1) Within the 1-year period immediately preceding the expiration of 6 years following the date of issuance of the certificate of extension of protection. ‘‘(2) Within the 1-year period immediately preceding the expiration of 10 years following the date of issuance of the certificate of extension of protection, and each successive 10- year period following the date of issuance of the certificate of extension of protection. S. 2968—4 ‘‘(3) The holder may file the affidavit required under this section within a grace period of 6 months after the end of the applicable time period established in paragraph (1) or (2), together with the fee described in subsection (b) and the addi- tional grace period surcharge prescribed by the Director. ‘‘(b) REQUIREMENTS FOR AFFIDAVIT.—The affidavit referred to in subsection (a) shall— ‘‘(1)(A) state that the mark is in use in commerce; ‘‘(B) set forth the goods and services recited in the extension of protection on or in connection with which the mark is in use in commerce; ‘‘(C) be accompanied by such number of specimens or fac- similes showing current use of the mark in commerce as may be required by the Director; and ‘‘(D) be accompanied by the fee prescribed by the Director; or ‘‘(2)(A) set forth the goods and services recited in the exten- sion of protection on or in connection with which the mark is not in use in commerce; ‘‘(B) include a showing that any nonuse is due to special circumstances which excuse such nonuse and is not due to any intention to abandon the mark; and ‘‘(C) be accompanied by the fee prescribed by the Director. ‘‘(c) DEFICIENT AFFIDAVIT.—If any submission filed within the period set forth in subsection (a) is deficient, including that the affidavit was not filed in the name of the holder of the international registration, the deficiency may be corrected after the statutory time period, within the time prescribed after notification of the deficiency. Such submission shall be accompanied by the additional deficiency surcharge prescribed by the Director. ‘‘(d) NOTICE OF REQUIREMENT.—Special notice of the require- ment for such affidavit shall be attached to each certificate of extension of protection. ‘‘(e) NOTIFICATION OF ACCEPTANCE OR REFUSAL.—The Director shall notify the holder of the international registration who files any affidavit required by this section of the Director’s acceptance or refusal thereof and, in the case of a refusal, the reasons therefor. ‘‘(f) DESIGNATION OF RESIDENT FOR SERVICE OF PROCESS AND NOTICES.—If the holder of the international registration of the mark is not domiciled in the United States, the holder may des- ignate, by a document filed in the United States Patent and Trade- mark Office, the name and address of a person resident in the United States on whom may be served notices or process in pro- ceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the last designated address, or if the holder does not designate by a document filed in the United States Patent and Trademark Office the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark, such notices or process may be served on the Director.’’. SEC. 4. STUDY AND REPORT. (a) IN GENERAL.—Not later than 1 year after the date of enact- ment of this Act, the Secretary of Commerce, in consultation with S. 2968—5 the Intellectual Property Enforcement Coordinator, shall study and report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on— (1) the extent to which small businesses may be harmed by litigation tactics by corporations attempting to enforce trade- mark rights beyond a reasonable interpretation of the scope of the rights granted to the trademark owner; and (2) the best use of Federal Government services to protect trademarks and prevent counterfeiting. (b) RECOMMENDATIONS.—The study and report required under paragraph (1) shall also include any policy recommendations the Secretary of Commerce and the Intellectual Property Enforcement Coordinator deem appropriate.
Speaker of the House of Representatives.
Vice President of the United States and President of the Senate. Feature By Cheryl L Hodgson
When enforcement becomes bullying
A trademark owner has a legal duty to police its mark. The duty to police one’s mark But when does good-faith, albeit aggressive, protection Trademark monitoring and enforcement have never been more important for the average trademark owner, yet smaller companies of trademark rights become bad-faith bullying based often lack the resources for costly litigation and many do not on a claim of rights which do not exist? understand that a failure to monitor and police their rights can be fatal. Loss of rights through genericide is the classic threat to any mark left unmonitored. Some mark owners miss the point entirely and ignore or even promote ‘household’ use of their marks, single- handedly contributing to loss of rights. Trademark bullying has become the subject of increasing debate, By failing to inform the public of the generic term of the with President Obama signing the Trademark Technical and product in advertisements, trademark owners may not prevent a Conforming Amendment Act 2010 in March. The act provides for a generic association of the mark. In the United States, former study to examine “the extent to which small businesses may be trademarks such as escalator, cellophane and aspirin are among the harmed by litigation tactics by corporations attempting to enforce fallen. On the other hand, Xerox has led the way and serves as an trademark rights beyond a reasonable interpretation of the scope of example of how to educate the public and media as to proper use of the rights granted to the trademark owner”. a mark in advertising as a brand, not an action verb. Trademark bullying essentially occurs when brand owners Enforcement and monitoring begin at home. Sales and choose a mark and seek to prevent anyone from using it, even for marketing staff, as well as outside advertising agencies, must be non-competitive goods and services which do not cause a likelihood taught to use marks properly. Counsel or trained staff should take of confusion. The line between acting as a prudent trademark owner the time to review publicly disseminated materials, and monitor, and being nothing more than a ‘bully’ becomes easily blurred, enforce and constantly correct misuses of the mark. depending on the strength of the mark. The same actions taken by But to what degree should a trademark owner’s enforcement be the owner of a strong, distinctive trademark, when taken by the seen as a good-faith effort to police one’s rights and when does it owner of a descriptive or otherwise weak mark, can be viewed as step over the line? This question can be answered by first looking at prudent in the former case and absurd in the latter. The question of the strength of the mark and, in the case of domains, when when a legal duty to police becomes school-yard bullying is trademark rights were established. therefore a real concern. Importantly, bully status is not limited to large companies. The Monsters hit out One of my clients, a well-known publishing company, was recently Of the numerous cases dealing with trademark bullying currently in threatened by a trademark owner over the descriptive use of a the news, perhaps none has been more publicized than the term as the title of an audio disc pertaining to stress reduction. protracted litigation by Monster Cable. Monster has reportedly filed The claimant had a weak registration for an otherwise descriptive 190 proceedings before the US Patent and Trademark Office and 30 term, together with a logo, and had bullied its way around the federal court law suits to protect the word MONSTER – for instance, marketplace for a number of years. It operated under the belief of against job site monster.com, Walt Disney over products tied to the superior legal rights for a mark it dare not litigate lest it be held film Monsters, Inc and Monster Mini Golf Franchises. descriptive. While my client was prepared to defend on the Not to be outdone, Monster energy drink, a brand of Hansen grounds that the claimant would be required to prove secondary (which itself somehow escaped being sued by Monster Cable), meaning, it voluntarily withdrew the product from the market. recently used its own Monster status to bring a claim over use of the The trademark owner’s actions were therefore effective, since it mark VERMONSTER beer by a small Vermont brewery. was easier to withdraw a product with modest sales from the With all this talk of scary monsters, ‘monster’ both as a word and market than to fight. as a mark provides a case study on the possible blurring between In examining this issue of trademark bullying, both federal good-faith and bad-faith trademark policing. When a word is used as court cases and ‘reverse domain name hijacking’ holdings in a valid mark, the owner’s enforcement tactics raise important issues Uniform Domain Dispute Resolution (UDRP) decisions are relevant. germane to any trademark owner. www.WorldTrademarkReview.com June/July 2010 World Trademark Review 73 Feature: When enforcement becomes bullying
‘Monster’ is a classic example of a trademark in an otherwise Common mistakes made by companies generic term which has been applied arbitrarily to goods and services. Other classic examples are ‘Amazon’ (once merely a river, now a term claimed by Amazon.com for anything remotely internet It is important to recognize the value of proper protection strategies related), and ‘Apple’ for computers – arguably now as famous for early on, particularly in the case of small companies. Finding computers and iPods as for a mere fruit. expertise to assist with proper registration is an issue, and many As an aside, trademark rights in the word ‘apple’ were limited for young entrepreneurs operate with the mistaken belief that a good a number of years by a consent agreement entered into with the descriptive domain is all that is needed to protect and build a brand. Beatles, who owned the trademark APPLE for their record label. The Entire companies have been built off of generic domains, including Beatles objected when Apple first filed in Class 9 for computers, some that belatedly spend a small fortune seeking to create a resulting in a “consent to use” that was litigated again upon launch trademark where none will likely ever exist. The losing battle of of the iPod. www.hotels.com before the Federal Circuit in recent years is a good This early agreement may actually have added to Apple’s strategy. example (In re Hotels.com, Case 2008-1429, July 23 2009); the court When the iPod first came out, Apple could launch its campaign using found that “the generic term ‘hotels’ did not lose its generic character only the equally famous ‘bitten apple’ design. The word mark was by placement in the domain name ‘hotels.com’”. nowhere to be found and no one seemed to notice that the word Then there are those that never bother to register otherwise good ‘Apple’ was missing on billboards around the world. Brand owners with trademarks, but rely solely on rights in domains, leaving them an arbitrary mark are therefore well served to create a compelling icon particularly vulnerable to false claims of cybersquatting. This capable of becoming synonymous with the word mark. happened to one client challenged by Amazon over a domain that the client had used for years for computer consulting services, featuring a Defining the bully – related goods and likelihood of confusion picture of the Amazon River at the landing page of his first site. Back to the issue of bullying, the modern-day ‘likelihood of Without having obtained the registration to which he was justly confusion’ test does not require direct competition between users of entitled early on, he was vulnerable to allegations that were simply a mark. Instead, likelihood of confusion as to source of the goods, too costly to defend. This is a perfect example of where a statutory sponsorship or affiliation is the key. Judicial opinions applying the defence of reverse domain name hijacking could have been more rule to fact-specific cases fill volumes interpreting this simple appropriate to the facts. phrase. I would argue that a trademark owner acts as a ‘bully’ when its enforcement efforts cross the outer limits of likelihood of confusion on non-competitive goods and services, or where they are Educating clients on mark protection – the external counsel challenge based on doubtful claims of ‘famous’ status for purposes of dilution. Where direct competition is present, aggressive protection of rights is more justified and supported by the courts, even where a Choosing a strong mark that serves as the proverbial shield and also mark is relatively weak. In these instances, it is easy to conclude that as a potent sword requires a knowledgeable and willing client. the trademark owner is acting not only to protect its mark, but also Effective counselling takes time and patience, and clients who are to protect the consuming public from deception or confusion able and willing to hear the message. It also means educating clients (protecting the public from deception is the public policy that protection is an ongoing process and that one does not always underlying the grant of exclusive trademark rights in the first place). have to begin with multiple registrations in multiple classes. Often it If owners of weak marks can assert rights in non-competitive is prudent to advise young brand owners to get started and grow their goods, which could easily become the subject of trademark abuse, protection proactively through proper planning and budgeting over what can be said about a stronger, non-identical mark for unrelated several years. goods? Some clients respond only out of fear and hear the message only Enter the related goods doctrine, which emerged in 1917 as the in reaction to being forced to defend unfounded claims for which they Aunt Jemima rule (Aunt Jemima Mill Co v Rigney & Co (247 F 407, are unprepared. Potential clients which are unable to hear the 409-10 (2d Cir 1917)). In this case, the court found that, while not message and understand the importance of choosing a strong, directly competitive, use of the same mark for pancakes and syrup defensible mark at the outset are best left to their own devices – or to was an infringing use. This early ruling can also be labelled the the day of reckoning when faced with expensive costs of defence or ‘complementary goods’ rule, where goods such as vodka and orange loss of rights. juice are considered related for purposes of asserting valid claims against junior users on complementary goods. The doctrine was expanded beyond complementary goods in An inquiry of the related nature of the goods is still valid as part another early ruling, holding that YALE for locks and keys could of the broader test of likelihood of confusion. It is commonly used prevent registration of YALE for flashlights and batteries (Yale today as part of the eight-part Sleekcraft test of the Ninth Circuit Electric Corp v Robertson, F 2d 972 (2nd Cir 1928)). In this case, Judge and the Polaroid factors of the Second Circuit, particularly where the Learned Hand raised the issue of the outer limits by asking, “What goods and services are non-competitive. The test is also often harm did it do a chewing gum maker to have an ironmonger use his applied by asking whether the allegedly infringing mark is within trademark?” the senior user’s zone of natural expansion. No matter how framed, A few years later, in another case, Hand agreed that WATERMAN the key question is that of consumer perception: does the consumer on razor blades infringed WATERMANS’ for fountain pens, but perceive that the goods come from the same source? stated: “There is indeed a limit; the goods on which the supposed Returning to the Monster example, can one argue that Monster infringer puts the mark may be too remote from any that the owner is merely testing the outer limits of the test of likelihood of would be likely to make or sell” (LE Waterman Co v Gordon, 72 F 2d confusion in the case of mini-golf courses and a job website? Is 272 (2d Cir 1934)). Monster justified in asserting infringement and dilution claims
74 World Trademark Review June/July 2010 www.WorldTrademarkReview.com A famous mark, once proven ‘famous’, can transcend categories and leap tall buildings of unrelated goods and services as a ‘supermark’
against new entrants using the mark on completely unrelated goods responding to claims of reverse domain hijacking by denying and services? Would MONSTER for lipstick be too remote from the transfer of the domain. In cases where the domain was registered original MONSTER cable? Hand, were he around to ask, would likely prior to establishment of trademark rights by complainants seeking draw the line in the sand on this use. to recover domains containing the mark, the defence of reverse domain hijacking has resulted in holdings denying transfer to the Unsubstantiated claims that a mark is famous complainant. A famous US mark, once proven ‘famous’ in a litigated proceeding, According to UDRP Rule 1, the term ‘reverse domain name can transcend categories and leap tall buildings of unrelated goods hijacking’ means “using [the UDRP] in bad faith to attempt to and services as a ‘super mark’. Owners of famous marks can prevent deprive a registered domain-name holder of a domain name”. dilution regardless of the class or competitive nature of the goods The rule has served to expose overzealous UDRP complainants and services. in a number of instances. The arbitrators tend to look first to other In 2006 the Federal Trademark Dilution Act was amended, and a grounds to dispose of or deny transfer of a domain, but increasingly successful claim of dilution now requires proof that a mark is not the doctrine has been applied to prevent recapture of a domain merely famous in a niche area, but also well known to the general from an otherwise innocent registrant. public. This differs from the situation in the European Union, where A recent National Arbitration Forum decision involved the niche market fame is still recognized. Japan requires confusion for domain ‘austindinersclub.com’. Diners Club International filed well-recognized marks, but not for famous marks. against the registrant, an Austin-based club of 140 members who Just how far can the trademark owner go before becoming a bully paid an annual fee to enjoy discounted fine dining at local for asserting rights in unrelated goods and services with a self- restaurants. While Diners Club proved its rights in the mark, the serving claim that its mark is famous – a claim that remains panel found that the respondent had legitimate rights in the unsubstantiated without the requisite judicial holding on the merits? domain, since evidence showed that the domain owner was In April 2009 Professor J Thomas McCarthy, in an interview with commonly known in the community as the Austin Diners Club. The the Wall Street Journal about Monster’s suit against Monster Mini panel rejected the reverse domain hijacking claim, as it found that Golf Course, “expressed doubt that Monster Cable possesses a the Austin Diners Club did have legitimate rights in the mark. famous mark”. Monster, on the other hand, stated in the same Where a domain has been registered for years prior to adoption article that it believes its mark is indeed famous, although it of the domain as a trademark and the prior registrant has not used acknowledged that it has not obtained such a ruling. the domain competitively, there is a good chance of bringing a Interestingly, a related question is whether the very act of filing successful claim of reverse domain name hijacking. so many actions contributes to Monster’s fame. Assuming that A 2005 WIPO decision found reverse domain name hijacking of McCarthy was correct as to Monster’s lack of a famous mark as of ‘trailblazer.com’ over a domain first registered in 1995. The April 2009, is fame therefore Monster’s goal? As time passes and it complainant had changed its name and filed for rights in continues to challenge new entrants that are using ‘Monster’ for TRAILBLAZER LEARNING in 2006 and then sought to recapture the unrelated goods and services, is it establishing fame without having domain ‘trailblazer.com’. The arbitrator held: “The complainant filed to obtain a judicial ruling on the issue? The company continues to the complaint because it admittedly wanted the domain name to garner press for its filings and, as its reputation precedes it, less ‘enhance [its] online presence for marketing to [its] education financially able mark owners either are intimidated into succumbing customers and to make [it] more commonly known to the public.’ or cannot afford the fight. In this way, fame is arguably being built. While these may be legitimate aspirations, they cannot and should The question of whether fame becomes the inevitable result of not be achieved through illegitimate means, such as by filing a the bully pulpit is a curious one to consider. meritless complaint under the policy that has accomplished nothing more than wasting the time and resources of both parties.” UDRP focus on merit A 2008 UDRP decision involving the domain ‘hero.com’ also UDRP proceedings arguably offer better protection for domain resulted in a holding of reverse domain hijacking. The registrant had registrants than the federal courts. There are more results on merit owned the domain since 1995 and provided evidence of its use and and fewer settlements prior to a costly trial or final decision in operation of an early internet café named The Heroic Sandwich. opposition proceedings. Moreover, panellists seem fair in While ‘hero’ is generic in English (itself a factor in the holding), the www.WorldTrademarkReview.com June/July 2010 World Trademark Review 75 Feature: When enforcement becomes bullying
US act ‘ineffective’?
One provision of the US Anti-cybersquatting Act (15 USC 1114(2)(D)(v)), complainant had formed what was considered a distinctive mark in as currently drafted, lends support that any study of the broader issue Switzerland using two letters from each of the owner’s names HE should also include a review of the rights of innocent domain owners and RO. The respondent had refused offers to sell the domain to the unfairly attacked by trademark owners. complainant, negating common indicia of bad faith in UDRP It states: “A domain name registrant whose domain name has proceedings. The three-person panel denied transfer, stating: “[I]t been suspended, disabled, or transferred under a policy described should have been apparent to the complainant, on the basis of its under clause (ii)(II) may, upon notice to the mark owner, file a civil own investigations, that it could not reasonably succeed in bringing action to establish that the registration or use of the domain name by a complaint under the policy.” such registrant is not unlawful under this Act. The court may grant A final consideration for brand owners looking to strongly injunctive relief to the domain name registrant, including the enforce their rights against any type of similar mark, is the resulting reactivation of the domain name or transfer of the domain name to publicity. For many, to be seen as a trademark bully is negative. the domain name registrant.” However, is this really a deterrent to all? Does a less socially Relief from a wrongful transfer order under a UDRP proceeding conscious brand owner really care about the bad publicity that may expressly requires filing a separate civil action, but only after the inevitably create the fame it needs to satisfy the new US rule? A registrant has been ordered to return the domain. The statute seems reputation as a bully can actually be seen as a positive for less meaningless and ineffective, since the issue can be asserted in socially conscious trademark owners – they can not only potentially defence of the original UDRP proceeding – so why would any domain monopolize the word as a mark, but also gain fame by becoming owner go to the expense of filing such a separate federal action? infamous. On the other hand, a socially conscious brand might well This provision, while originally well intended, offers little comfort to censor its enforcement efforts in order to avoid being seen as a bully innocent domain owners being sued by overzealous trademark or acting out of alignment with its stated values. owners. What of instances where federal court complaints against It really is a thin line between right and wrong. WTR smaller companies raise issues of infringement by way of earlier registered domains? Can this be asserted by counterclaim? In one case, an attempt to assert reverse domain name hijacking as a form of unfair competition claim was rejected since there was no competition. Cheryl L Hodgson is an author of the Brandaide blog [email protected]
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76 World Trademark Review June/July 2010 www.WorldTrademarkReview.com 1 Genesis
THE BEGINNING OF THE WORLD its own kind of seeds. And God saw that this was good. The First Day—Light 13There was evening, and then there was 1God created the sky and the earth. At morning. This was the third day. 1 first, 2the earth was completely empty. There was nothing on the earth. Darkness The Fourth Day—Sun, Moon, and Stars covered the ocean, and God’s Spirit moved 14Then God said, “Let there be lights in overa the water. 3Then God said, “Let there the sky. These lights will separate the days be light!” And light began to shine.b 4He saw from the nights. They will be used for signs the light, and he knew that it was good. Then to show when special meetingsd begin and to he separated the light from the darkness. show the days and years. 15They will be in 5God named the light “day,” and he named the sky to shine light on the earth.” And it the darkness “night.” happened. There was evening, and then there was 16So God made the two large lights. He morning. This was the first day. made the larger light to rule during the day and the smaller light to rule during the night. The Second Day—Sky He also made the stars. 17God put these lights 6Then God said, “Let there be a spacec to in the sky to shine on the earth. 18He put separate the water into two parts!” 7So God them in the sky to rule over the day and over made the space and separated the water. Some the night. They separated the light from the of the water was above it, and some of the darkness. And God saw that this was good. water was below it. 8God named that space 19There was evening, and then there was “sky.” There was evening, and then there was morning. This was the fourth day. morning. This was the second day. The Fifth Day—Fish and Birds The Third Day—Dry Land and Plants 20Then God said, “Let the water be filled 9Then God said, “Let the water under the with many living things, and let there be birds sky be gathered together so that the dry land to fly in the air over the earth.” 21So God cre- will appear.” And it happened. 10God named ated the large sea animals.e He created all the the dry land “earth,” and he named the water many living things in the sea and every kind that was gathered together “seas.” And God of bird that flies in the air. And God saw that saw that this was good. this was good. 11Then God said, “Let the earth grow 22God blessed all the living things in the grass, plants that make grain, and fruit trees. sea and told them to have many babies and fill The fruit trees will make fruit with seeds in the seas. And he blessed the birds on land and it. And each plant will make its own kind of told them to have many more babies. seed. Let these plants grow on the earth.” 23There was evening, and then there was And it happened. 12The earth grew grass and morning. This was the fifth day. plants that made grain. And it grew trees that made fruit with seeds in it. Every plant made The Sixth Day—Land Animals and People 24Then God said, “Let the earth produce a 1:2 moved over The Hebrew word means “to fly many kinds of living things. Let there be many over” or “to swoop down,” like a bird flying over its nest to protect its babies. different kinds of animals. Let there be large b 1:1-3 Or “In the beginning, God created the heav- animals and small crawling animals of every ens and the earth. While 2the earth had no special kind. And let all these animals produce more shape, and darkness covered the ocean, and God’s animals.” And all these things happened. Spirit hovered over the water, 3God said, ‘Let there 25So God made every kind of animal. He be light,’ and there was light.” Or “When God began made the wild animals, the tame animals, and to create the sky and the earth, 2while the earth was all the small crawling things. And God saw completely empty, and darkness covered the ocean, and a powerful wind blew over the water, 3God d 1:14 special meetings The Israelites used the sun said, ‘Let there be light,’ and there was light.” and moon to decide when the months and years c 1:6 space Or “firmament.” The Hebrew word can began. Many Israelite festivals and special meetings refer to a piece of metal that has been hammered began at the time of the new moon or full moon. into the shape of a bowl. e 1:21 large sea animals Or “sea monsters.” GENESIS 1:26 2 that this was good. the man he made in that garden. 9Then the 26Then God said, “Now let’s make humansa Lord God caused all the beautiful trees that who will be like us.b They will rule over all were good for food to grow in the garden. In the fish in the sea and the birds in the air. the middle of the garden, he put the tree of They will rule over all the large animals and life and the tree that gives knowledge about all the little things that crawl on the earth.” good and evil. 27So God created humans in his own image. 10A river flowed from Eden and watered the He created them to be like himself.c He cre- garden. The river then separated and became ated them male and female. 28God blessed four smaller rivers. 11The name of the first them and said to them, “Have many children. river was Pishon. This river flowed around the Fill the earth and take control of it. Rule over entire country of Havilah.g 12(There is gold in the fish in the sea and the birds in the air. that country, and that gold is pure. A kind of Rule over every living thing that moves on expensive perfume and onyx* are also found the earth.” there.) 13The name of the second river was 29God said, “I am giving you all the grain Gihon. This river flowed around the whole bearing plants and all the fruit trees. These land of Cush.h 14The name of the third river trees make fruit with seeds in it. This grain was Tigris.* This river flowed east of Assyria. and fruit will be your food. 30And I am giv- The fourth river was the Euphrates.* ing all the green plants to the animals. These 15The Lord God put the man in the Gar- green plants will be their food. Every animal den of Eden to work the soil and take care on earth, every bird in the air, and all the little of the garden. 16The Lord God gave him this things that crawl on the earth will eat that command: “You may eat from any tree in the food.” And all these things happened. garden. 17But you must not eat from the tree 31God looked at everything he had made. that gives knowledge about good and evil. If And he saw that everything was very good. you eat fruit from that tree, on that day you There was evening, and then there was will certainly die!” morning. This was the sixth day. A Companion for Adam The Seventh Day—Rest 18Then the Lord God said, “I see that it is 1So the earth, the sky, and everything in not good for the man to be alone. I will make 2 them were finished. 2God finished the the companion he needs, one just right for work he was doing, so on the seventh day he him.” rested from his work. 3God blessed the sev- 19The Lord God used dust from the ground enth day and made it a holy* day. He made it and made every animal in the fields and every special because on that day he rested from all bird in the air. He brought all these animals the work he did while creating the world. to the man, and the man gave them all a name. 20The man gave names to all the tame THE BEGINNING OF HUMANITY animals, to all the birds in the air, and to all 4This is the story about the creation of the the wild animals. He saw many animals and sky and the earth. This is what happened birds, but he could not find a companion that when the Lord God made the earth and the was right for him. 21So the Lord God caused sky. 5This was before there were plants on the man to sleep very deeply. While he was the earth. Nothing was growing in the fields asleep, God took one of the ribs from the because the Lord God had not yet made it man’s body. Then he closed the man’s skin rain on the earth, and there was no one to where the rib had been. 22The Lord God used care for the plants. the rib from the man to make a woman. Then 6So waterd came up from the earth and he brought the woman to the man. 23And the spread over the ground. 7Then the Lord man said, God took dust from the ground and made a man.e He breathed the breath of life into “ Finally! One like me, the man’s nose, and the man became a living with bones from my bones thing. 8Then the Lord God planted a garden and a body from my body. in the East,f in a place named Eden. He put She was taken out of a man, a 1:26 humans The Hebrew word means “man,” “peo- so I will call her ‘woman.’” ple,” or the name “Adam.” It is like the word meaning “earth” or “red clay.” 24That is why a man leaves his father and b 1:26 Now let’s make … like us Or “Now let’s make mother and is joined to his wife. In this way humans in our image and in our likeness.” c 1:27 So God created humans … himself Or “So God Tigris and Euphrates rivers as far east as the Persian created them in his image. In the image of God he Gulf. created them.” Compare Gen. 5:1, 3. g 2:11 Havilah The land along the west coast of the d 2:6 water Or “a mist.” Arabian peninsula and possibly, the part of Africa e 2:7 man The Hebrew word means “man,” “people,” south of Ethiopia. or the name “Adam.” It is like the word meaning h 2:13 Cush Usually this means Ethiopia, but here, “earth” or “red clay.” it probably refers to the area north and east of the f 2:8 East This usually means the area between the Tigris River. 3 GENESIS 4:1 two people become one. 16Then the Lord God said to the woman, 25The man and his wife were naked, but they were not ashamed. “ I will cause you to have much trouble when you are pregnant. The Beginning of Sin And when you give birth to children, 1The snake was the most clever of all you will have much pain. 3 the wild animals that the Lord God had You will want your husband very much, made. The snake spoke to the woman and but he will rule over you.”a said, “Woman, did God really tell you that you must not eat from any tree in the garden?” 17Then the Lord God said to the man, 2The woman answered the snake, “No, we can eat fruit from the trees in the garden. 3But “ I commanded you not to eat from that there is one tree we must not eat from. God tree. told us, ‘You must not eat fruit from the tree But you listened to your wife and ate that is in the middle of the garden. You must from it. not even touch that tree, or you will die.’” So I will curse* the ground because of 4But the snake said to the woman, “You you. will not die. 5God knows that if you eat the You will have to work hard all your life fruit from that tree you will learn about good for the food the ground produces. and evil, and then you will be like God!” 18 The ground will grow thorns and weeds 6The woman could see that the tree was for you. beautiful and the fruit looked so good to eat. And you will have to eat the plants that She also liked the idea that it would make her grow wild in the fields.b wise. So she took some of the fruit from the 19 You will work hard for your food, tree and ate it. Her husband was there with until your face is covered with sweat. her, so she gave him some of the fruit, and You will work hard until the day you die, he ate it. and then you will become dust again. 7Then it was as if their eyes opened, and I used dust to make you, they saw things differently. They saw that and when you die, you will become dust they were naked. So they got some fig leaves, again.” sewed them together, and wore them for clothes. 20Adamc named his wife Eve.d He gave her 8During the cool part of the day, the Lord this name because Eve would be the mother God was walking in the garden. The man and of everyone who ever lived. the woman heard him, and they hid among 21The Lord God used animal skins and the trees in the garden. 9The Lord God called made some clothes for the man and his wife. to the man and said, “Where are you?” Then he put the clothes on them. 10The man said, “I heard you walking in 22The Lord God said, “Look, the man has the garden, and I was afraid. I was naked, so become like us—he knows about good and I hid.” evil. And now the man might take the fruit 11The Lord God said to the man, “Who told from the tree of life. If the man eats that fruit, you that you were naked? Did you eat fruit he will live forever.” from that special tree? I told you not to eat 23So the Lord God forced the man out of from that tree!” the Garden of Eden to work the ground he 12The man said, “The woman you put here was made from. 24The Lord God forced the with me gave me fruit from that tree. So I man to leave the garden. Then he put Cherub ate it.” angels* and a sword of fire at the entrance to 13Then the Lord God said to the woman, the garden to protect it. The sword flashed “What have you done?” around and around, guarding the way to the She said, “The snake tricked me, so I ate tree of life. the fruit.” 14So the Lord God said to the snake, The First Family 1Adam had sexual relations with his wife “ You did this very bad thing, 4 Eve. She became pregnant and gave birth so bad things will happen to you. to a son. She named him Cain.e Eve said, It will be worse for you than for any other animal. a 3:16 You will … over you Or “You will want to rule You must crawl on your belly your husband, but he will rule over you.” In Hebrew and eat dust all the days of your life. this is like the last part of Gen. 4:7. 15 I will make you and the woman b 3:18 See Gen. 1:28-29. c 3:20 enemies to each other. Adam This name means “man” or “people.” It is like the word meaning “earth” or “red clay.” Your children and her children d 3:20 Eve This name is like the Hebrew word mean- will be enemies. ing “life.” You will bite her child’s foot, e 4:1 Cain This name is like the Hebrew word mean- but he will crush your head.” ing “make” or “get.” GENESIS 4:2 4 “With the Lord’s help, I have made a man!” city the same name as his son Enoch. 2Eve gave birth again to Cain’s brother 18Enoch had a son named Irad. Irad had Abel. Abel became a shepherd, and Cain a son named Mehujael. Mehujael had a son became a farmer. named Methushael. And Methushael had a son named Lamech. The First Murder 19Lamech married two women. One wife 3-4At harvest time,a Cain brought a gift to was named Adah, and the other was named the Lord. He brought some of the food that Zillah. 20Adah gave birth to Jabal. Jabal was he grew from the ground, but Abel brought the fatherf of people who live in tents and some animals from his flock. He chose some earn their living by keeping cattle. 21Jabal of his best sheep and brought the best parts was Jubal’s brother. Jubal was the father of from them.b people who play the harp and flute. 22Zillah The Lord accepted Abel and his gift. 5But gave birth to Tubal-Cain. Tubal-Cain was the he did not accept Cain and his offering. Cain father of people who work with bronze and was sad because of this, and he became very iron. The sister of Tubal-Cain was named angry. 6The Lord asked Cain, “Why are you Naamah. angry? Why does your face look sad? 7You 23Lamech said to his wives: know that if you do what is right, I will accept you. But if you don’t, sin is ready to attack “ Adah and Zillah, hear my voice! you. That sin will want to control you, but you You wives of Lamech, listen to me. must control it.”c A man hurt me, so I killed him. 8Cain said to his brother Abel, “Let’s go out I even killed a child for hitting me. to the field.”d So they went to the field. Then 24 The punishment for killing Cain was very Cain attacked his brother Abel and killed bad. him. But the punishment for killing me will 9Later, the Lord said to Cain, “Where is be many times worse!” your brother Abel?” Cain answered, “I don’t know. Is it my job Adam and Eve Have a New Son to watch over my brother?” 25Adam again had sexual relations with his 10-11Then the Lord said, “What have wife, and she gave birth to another son. She you done? You killed your brother and the named him Seth.g Eve said, “God has given ground opened up to take his blood from your me another son. Cain killed Abel, but now I hands. Now his blood is shouting to me from have Seth.” 26Seth also had a son. He named the ground. So you will be cursed from this him Enosh. At that time people began to pray ground. 12Now when you work the soil, the to the Lord.h ground will not help your plants grow. You will not have a home in this land. You will The History of Adam’s Family wander from place to place.” 1This is the history of Adam’si family. 13Then Cain said, “This punishment is 5 When God created people, he made them more than I can bear! 14You are forcing me like himself. j 2He created them male and to leave the land, and I will not be able to be female. And on the same day he made them, near you or have a home! Now I must wander he blessed them and called them “humans.”k from place to place, and anyone I meet could 3After Adam was 130 years old, he had kill me.” another son. This son looked just like Adam.l 15Then the Lord said to Cain, “No, if any- Adam named his son Seth. 4After Seth was one kills you, I will punish that person much, born, Adam lived 800 years and had other much more.” Then the Lord put a mark on sons and daughters. 5So Adam lived a total of Cain to show that no one should kill him. 930 years; then he died. 6After Seth was 105 years old, he had a Cain’s Family son named Enosh. 7After Enosh was born, 16Cain went away from the Lord and lived in the land of Nod.e f 4:20 father This probably means that this man 17Cain had sexual relations with his wife. invented these things or was the first one to use them. She became pregnant and gave birth to a son g 4:25 Seth This is like a Hebrew word meaning “to named Enoch. Cain built a city and gave the give.” h 4:26 people … the LORD Literally, “people began a 4:3-4 At harvest time Literally, “at the end of days.” calling on the name YAHWEH .” b 4:3-4 He chose … from them Literally, “He brought i 5:1 Adam This name means “man” or “people.” It is some of his firstborn sheep, especially their fat.” like the word meaning “earth” or “red clay.” c 4:7 But if you … control it Or “But if you don’t do j 5:1 When God … like himself Literally, “He made right, sin is crouching at your door. It wants you, but him in the image of God.” See Gen. 1:27; 5:3. you must rule over it.” k 5:2 humans The Hebrew word means “Adam,” d 4:8 Let’s go … field This sentence is found in the “man,” or “people.” ancient versions but not in the standard Hebrew l 5:3 he had … like Adam Or “he fathered a son in text. his image and likeness.” In Hebrew this is like Gen. e 4:16 Nod This name means “wandering.” 1:27; 5:1. 5 GENESIS 6:19 Seth lived 807 years and had other sons and During this time and also later, the daughters. 8So Seth lived a total of 912 years; Nephilim* people lived in the land. They then he died. have been famous as powerful soldiers since 9After Enosh was 90 years old, he had a ancient times. son named Kenan. 10After Kenan was born, 5The Lord saw that the people on the earth Enosh lived 815 years and had other sons and were very evil. He saw that they thought daughters. 11So Enosh lived a total of 905 only about evil things all the time. 6He was years; then he died. sorry that he had made people on the earth. It 12After Kenan was 70 years old, he had a made him very sad in his heart. 7So the Lord son named Mahalalel. 13After Mahalalel was said, “I will destroy all the people I created born, Kenan lived 840 years and had other on the earth. I will destroy every person and sons and daughters. 14So Kenan lived a total every animal and everything that crawls on of 910 years; then he died. the earth. And I will destroy all the birds in 15When Mahalalel was 65 years old, he had the air, because I am sorry that I have made a son named Jared. 16After Jared was born, them.” Mahalalel lived 830 years and had other sons 8But Noah pleased the Lord. and daughters. 17So Mahalalel lived a total of 895 years; then he died. Noah and the Great Flood 18After Jared was 162 years old, he had a 9This is the history of Noah’s family. He son named Enoch. 19After Enoch was born, was a good man all his life, and he always Jared lived 800 years and had other sons followed God. 10Noah had three sons: Shem, and daughters. 20So Jared lived a total of 962 Ham, and Japheth. years; then he died. 11-12When God looked at the earth, he saw 21After Enoch was 65 years old, he had a that people had ruined it. Violence was every- son named Methuselah. 22After Methuselah where, and it had ruined their life on earth. was born, Enoch walked with God for 300 13So God said to Noah, “Everyone has filled years and had other sons and daughters. 23So the earth with anger and violence. So I will Enoch lived a total of 365 years. 24One day destroy all living things. I will remove them Enoch was walking with God, and he disap- from the earth. 14Use cypress woodd and peared. God took him.a build a boat for yourself. Make rooms in the 25After Methuselah was 187 years old, he boate and cover it with tar inside and out.* had a son named Lamech. 26After Lamech 15“This is the size I want you to make the was born, Methuselah lived 782 years and boat: 300 cubitsf long, 50 cubitsg wide, and had other sons and daughters. 27So Methuse- 30 cubitsh high. 16Make a window for the lah lived a total of 969 years; then he died. boat about 1 cubiti below the roof. j Put a 28When Lamech was 182 years old, he door in the side of the boat. Make three floors had a son. 29Lamech named his son Noah.b in the boat: a top deck, a middle deck, and a Lamech said, “We work very hard as farm- lower deck. ers because God cursed the ground. But Noah 17“Understand what I am telling you. I will will bring us rest.” bring a great flood of water on the earth. I 30After Noah was born, Lamech lived 595 will destroy all living things that live under years and had other sons and daughters. 31So heaven. Everything on the earth will die. 18I Lamech lived a total of 777 years; then he will make a special agreement with you. You, died. your wife, your sons, and their wives will all 32After Noah was 500 years old, he had go into the boat. 19Also, you will take two of sons named Shem, Ham, and Japheth. every living thing on the earth with you into
People Become Evil not judge people forever, because they will all die 1-4The number of people on earth contin- in 120 years.” 6 ued to increase. When these people had d 6:14 cypress wood Hebrew, “gopher timbers.” It is daughters, the sons of God saw how beauti- uncertain what kind of wood this is. It might be a ful they were. So they chose the women they kind of tree or squared timbers. wanted. They married them, and the women e 6:14 Make rooms in the boat Or “Make caulking had their children. for the boat.” This could be small plants that were Lord stuffed into the cracks and covered with tar. Then the said, “People are only f 6:15 300 cubits 437' 1/8" (133 m) if this was the human. I will not let my Spirit be troubled short cubit or 510' 1 13/16" (155.5 m) if it was the by them forever. I will let them live only 120 long cubit. years.”c g 6:15 50 cubits 72' 10" (22.2 m) if this was the short cubit or 85' 5/16" (25.92 m) if it was the long cubit. a 5:24 Or “Enoch pleased God. Enoch disappeared. h 6:15 30 cubits 43' 8 7/16" (13.3 m) if this was the God took him.” short cubit or 51' 3/16" (15.55 m) if it was the long b 5:29 Noah This name is like the Hebrew word cubit. meaning “to rest,” “to be sorry,” or “comfort.” i 6:16 1 cubit 17 1/2" (44.4 cm) if this was the short c 6:1-4 People … 120 years Or “The spirit from me cubit or 20 5/8" (51.83 cm) if it was the long cubit. will not live in people forever, because they are j 6:16 Make a window … below the roof Or “Make flesh. They will live only 120 years.” Or “My Spirit will an opening for the boat about 18 inches tall.” GENESIS 6:20 6 the boat. Take a male and female of every water. 20The water continued to rise above kind of animal so that they might survive the mountains. The water was more than 20 with you. 20Two of every kind of bird, animal, feeta above the highest mountain. and creeping thing will come to you so that 21-22Every living thing on earth died— you might keep them alive. 21Also bring every every man and woman, every bird, and every kind of food into the boat, for you and for the kind of animal. All the many kinds of animals animals.” and all the things that crawl on the ground 22Noah did everything the Lord com- died. Every living, breathing thing on dry manded him. land died. 23In this way God wiped the earth clean—he destroyed every living thing on the The Flood Begins earth—every human, every animal, every- 1Then the Lord said to Noah, “I have seen thing that crawls, and every bird. All that was 7 that you are a good man, even among the left was Noah and his family and the animals evil people of this time. So gather your family, that were with him in the boat. 24The water and all of you go into the boat. 2Get seven continued to cover the earth for 150 days. pairs (seven males and seven females) of every kind of clean* animal. And get one pair The Flood Ends (one male and one female) of every other ani- 1But God did not forget about Noah. God mal on the earth. Lead all these animals into 8 remembered him and all the animals that the boat with you. 3Get seven pairs (seven were with him in the boat. God made a wind males and seven females) of all the birds. This blow over the earth, and all the water began will allow all these animals to continue liv- to disappear. ing on the earth after the other animals are 2Rain stopped falling from the sky, and destroyed. 4Seven days from now, I will send water stopped flowing from under the earth. much rain on the earth. It will rain for 40 3-4The water that covered the earth began to days and 40 nights, and I will wipe every- go down. After 150 days the water was low thing off the face of the earth. I will destroy enough that the boat touched land again. everything I made.” 5Noah did everything the The boat stopped on one of the mountains of Lord told him to do. Ararat.* This was the 17th day of the seventh 6Noah was 600 years old at the time the month. 5The water continued to go down, rains came. 7He and his family went into the and by the first day of the tenth month, the boat to be saved from the flood. His wife and tops of the mountains were above the water. his sons and their wives were on the boat 6Forty days later Noah opened the window with him. 8All the clean animals, all the other he had made in the boat. 7Then he sent out animals on the earth, the birds, and every- a raven. The raven flew from place to place thing that crawls on the earth 9went into the until the ground was dry and the water was boat with Noah. These animals went into the gone. 8Noah also sent out a dove. He wanted boat in groups of two, male and female, just as it to find dry ground. He wanted to know if God commanded. 10Seven days later the flood water still covered the earth. started. The rain began to fall on the earth. 9The dove could not find a place to rest 11-13On the 17th day of the second month, because water still covered the earth, so the when Noah was 600 years old, the springs dove came back to the boat. Noah reached under the earth broke through the ground, out his hand and caught the dove and brought and water flowed out everywhere. The sky it back into the boat. also opened like windows and rain poured 10After seven days Noah again sent out the down. The rain fell on the earth for 40 days dove. 11And that afternoon the dove came back and 40 nights. That same day Noah went into to Noah. The dove had a fresh olive leaf in its the boat with his wife, his sons Shem, Ham, mouth. This was a sign to show Noah that and Japheth, and their wives. 14They and there was dry ground on the earth. 12Seven every kind of animal on the earth were in the days later Noah sent the dove out again. But boat. Every kind of cattle, every kind of ani- this time the dove didn’t come back. mal that crawls on the earth, and every kind 13After that Noah opened the doorb of the of bird were in the boat. 15All these animals boat. He looked and saw that the ground was went into the boat with Noah. They came dry. This was the first day of the first month in groups of two from every kind of animal of the year. He was 601 years old. 14By the that had the breath of life. 16All these animals 27th day of the second month, the ground went into the boat in groups of two, just as was completely dry. God had commanded Noah. Then the Lord 15Then God said to Noah, 16“Leave the closed the door behind Noah. boat. You, your wife, your sons, and your sons’ 17Water flooded the earth for 40 days. The wives should go out now. 17Bring every living water began rising and lifted the boat off the a 7:20 18 20 feet Literally, “15 cubits” which would be ground. The water continued to rise, and 21' 10 3/16" (6.66 m) if this was the short cubit or 25' the boat floated on the water high above the 6 1/16" (7.77 m) if it was the long cubit. earth. 19The water rose so much that even b 8:13 opened the door Literally, “removed the the highest mountains were covered by the covering.” 7 GENESIS 10:2 animal out of the boat with you—all the birds, clouds over the earth, you will see the rain- animals, and everything that crawls on the bow in the clouds. 15When I see this rainbow, earth. These animals will make many more I will remember the agreement between me animals, and they will fill the earth again.” and you and every living thing on the earth. 18So Noah went out with his sons, his wife, This agreement says that a flood will never and his sons’ wives. 19All the animals, every- again destroy all life on the earth. 16When I thing that crawls, and every bird left the boat. look and see the rainbow in the clouds, I will All the animals came out of the boat in family remember the agreement that continues for- groups. ever. I will remember the agreement between 20Then Noah built an altar* to honor the me and every living thing on the earth.” Lord. Noah took some of all the clean* birds 17So God said to Noah, “This rainbow is and some of all the clean animals and burned proof of the agreement that I made with all them on the altar as a gift to God. living things on earth.” 21The Lord smelled these sacrifices, and it pleased him. He said to himself, “I will never Problems Begin Again again curse the earth as a way to punish peo- 18Noah’s sons came out of the boat with ple. People are evil from the time they are him. Their names were Shem, Ham, and young, but I will never again destroy every Japheth. (Ham was the father of Canaan.) living thing on the earth like I have just done. 19These three men were Noah’s sons. And all 22As long as the earth continues, there will the people on earth came from these three always be a time for planting and a time for sons. harvest. There will always be cold and hot, 20Noah became a farmer and planted a summer and winter, day and night on earth.” vineyard.* 21One day Noah made some wine. He got drunk, went into his tent, and took off The New Beginning all his clothes. 22Ham, the father of Canaan, 1God blessed Noah and his sons and said saw that his father was naked and told his 9 to them, “Have many children. Fill the brothers who were outside the tent. 23Shem earth with your people. 2Every animal on and Japheth took a robe, put it across their earth, every bird in the air, every animal that shoulders, and walked backward into the crawls on the ground, and every fish in the tent. Then they covered their father without sea will be afraid of you. All of them will be looking at him. under your control. 3In the past, I gave you 24Later, Noah woke up. (He was sleeping the green plants to eat. Now every animal will because of the wine.) When he learned what also be food for you. I give you everything on his youngest son Ham had done to him, 25he earth—it is yours. 4But I give you one com- said, mand. You must not eat meat that still has its life (blood) in it. 5Also, I will demand your “ May there be a curse on Canaana! blood for your lives. That is, I will demand May he be a slave to his brothers.” the life of any person or animal that takes a human life. 26Noah also said,
6 “ God made humans to be like himself. “ May the Lord, the God of Shem, be So whoever kills a person must be killed praised! by another person. May Canaan be Shem’s slave. 27 May God give more land to Japheth. 7“Have many children and fill the earth May God live in Shem’s tents, with your people.” and may Canaan be their slave.” 8Then God said to Noah and his sons, 9“I now make my promise to you and to your 28After the flood Noah lived 350 years. 29He people who will live after you. 10I make my lived a total of 950 years; then he died. promise to all the birds, and to all the cattle, and to all the animals that came out of the Nations Grow and Spread boat with you. I make my promise to every 1This is the history of the families of living thing on earth. 11This is my promise 10 Shem, Ham, and Japheth. They are to you: All life on the earth was destroyed by Noah’s sons. These men had children after the flood. But that will never happen again. A the flood. flood will never again destroy all life on the earth.” Japheth’s Descendants 12And God said, “I will give you some- 2Japheth’s sons were Gomer, Magog, Madai, thing to prove that I made this promise to Javan, Tubal, Meshech, and Tiras. you. It will continue forever to show that I have made an agreement with you and every 13 living thing on earth. I am putting a rain- a 9:25 Canaan Ham’s son. The people of Canaan bow in the clouds as proof of the agreement lived along the coast of Palestine, Lebanon, and between me and the earth. 14When I bring Syria. Later, God gave this land to the Israelites. GENESIS 10:3 8 3Gomer’s sons were Ashkenaz, Riphath, of two sons. One son was named Peleg.e He and Togarmah. was given this name because the earth was 4Javan’s sons were Elishah, Tarshish, Kit- divided during his life. The other son was tim, and Dodanim.a named Joktan. 5All the people who lived in the area around 26Joktan was the father of Almodad, She- the Mediterranean Sea came from these sons leph, Hazarmaveth, Jerah, 27Hadoram, Uzal, of Japheth. The people separated and went Diklah, 28Obal, Abimael, Sheba, 29Ophir, to different countries according to languages, Havilah, and Jobab. All these people were Jok- families, and nations. tan’s sons. 30They lived in the area between Mesha and the hill country in the East.f Ham’s Descendants Mesha was toward the country of Sephar. 6Ham’s sons were Cush,b Mizraim,c Put, 31These are the people from the family of and Canaan. Shem. They are arranged by families, lan- 7Cush’s sons were Seba, Havilah, Sabtah, guages, countries, and nations. Raamah, and Sabtecah. 32This is the list of the families from Noah’s Raamah’s sons were Sheba and Dedan. sons. They are arranged according to their 8Cush also had a son named Nimrod who nations. From these families came all the became a very powerful man on earth. 9He people who spread across the earth after the was a great hunter before the Lord. That is flood. why people compare other men to him and say, “That man is like Nimrod, a great hunter The Tower of Babel before the Lord.” 1There was a time when the whole 10Nimrod’s kingdom spread from Babylon 11 world spoke one language. Everyone to Erech, to Akkad, and then to Calneh in used the same words. 2The people moved the land of Shinar. 11Nimrod also went into from the East and found a plain in the country Assyria. In Assyria, Nimrod built the cities of of Shinar and stayed there to live. 3Then they Nineveh, Rehoboth Ir, Calah, and 12Resen. said to each other, “Let’s make some bricks (Resen is the city between Nineveh and of clay and bake them in the fire.” Then they Calah, the big city.) used these bricks as stones, and they used tar* 13Mizraim was the father of the people as mortar. of Lud, Anam, Lehab, Naphtuh, 14Pathrus, 4Then the people said, “Let’s build our- Casluh, and Caphtor. (The Philistine people selves a city and a tower that will reach to the came from Casluh.) sky. Then we will be famous. This will keep 15Canaan was the father of Sidon. Sidon us together so that we will not be scattered all was Canaan’s first son. Canaan was also the over the earth.” father of the Hittites, 16Jebusites, Amorites, 5Then the Lord came down to see the city Girgashites, 17Hivites, Arkites, the Sinites, and the tower. 6The Lord said, “These people 18Arvadites, Zemarites, and Hamathites. The all speak the same language. And I see that families of Canaan spread to different parts of they are joined together to do this work. This the world. is only the beginning of what they can do. 19The land where the Canaanites lived Soon they will be able to do anything they went from Sidon down along the coast to want. 7Let’s go down and confuse their lan- Gerar and from Gaza as far east as Sodom and guage. Then they will not understand each Gomorrah and from Admah and Zeboiim as other.” far north as Laish. 8So people stopped building the city, and 20All these people were descendants of the Lord scattered them all over the earth. Ham. They are arranged by families, lan- 9That is the place where the Lord confused guages, countries, and nations. the language of the whole world. That is why it is called Babel.g And it was from there that Shem’s Descendants the Lord caused the people to spread out to 21Shem was Japheth’s older brother. One of all the other places on earth. Shem’s descendants was Eber, the father of all the Hebrew people.d The History of Shem’s Family 22Shem’s sons were Elam, Asshur, 10This is the history of Shem’s family. Two Arphaxad, Lud, and Aram. years after the flood, when Shem was 100 23Aram’s sons were Uz, Hul, Gether, and years old, his son Arphaxad was born. 11After Mash. that Shem lived 500 years. He had other sons 24Arphaxad was the father of Shelah. Shelah and daughters. was the father of Eber. 25Eber was the father a 10:4 Dodanim Or “Rodanim, the people of Rhodes.” e 10:25 Peleg This name means “division.” b 10:6 Cush Another name for Ethiopia. f 10:30 East This usually means the area between c 10:6 Mizraim Another name for Egypt. Also in the Tigris and Euphrates rivers as far east as the verse 13. Persian Gulf. Also in 11:2. d 10:21 One … Hebrew people Literally, “To Shem g 11:9 Babel Or “Babylon.” This is like a word mean- was born the father of Eber’s sons.” ing “confuse.” 9 GENESIS 12:20 12When Arphaxad was 35 years old, his son 3 I will bless those who bless you, Shelah was born. 13After Shelah was born, and I will curse* those who curse you. Arphaxad lived 403 years. During that time I will use you to bless he had other sons and daughters. all the people on earth.” 14After Shelah was 30 years old, his son Eber was born. 15After Eber was born, Shelah Abram Goes to Canaan lived 403 years. During that time he had 4So Abram left Haran just like the Lord other sons and daughters. said, and Lot went with him. Abram was 75 16After Eber was 34 years old, his son Peleg years old when he left Haran. 5He took his was born. 17After Peleg was born, Eber lived wife Sarai, his nephew Lot, all the slaves, and another 430 years. During that time he had all the other things he had gotten in Haran. other sons and daughters. Then he and his group moved to the land of 18After Peleg was 30 years old, his son Reu Canaan.* 6Abram traveled through the land as was born. 19After Reu was born, Peleg lived far as the town of Shechem and then to the another 209 years. During that time he had big tree at Moreh. The Canaanites were living other sons and daughters. in the land at that time. 20After Reu was 32 years old, his son Serug 7The Lord appearedb to Abram and said, “I was born. 21After Serug was born, Reu lived will give this land to your descendants.” another 207 years. During that time he had Abram built an altar* to honor the Lord other sons and daughters. who appeared to him there. 8Then he left that 22After Serug was 30 years old, his son place and traveled to the mountains east of Nahor was born. 23After Nahor was born, Bethel. He set up his tent there. Bethel was to Serug lived another 200 years. During that the west, and Aic was to the east. Abram built time he had other sons and daughters. another altar at that place to honor the Lord, 24After Nahor was 29 years old, his son and he worshiped the Lord there. 9Then he Terah was born. 25After Terah was born, moved on toward the Negev,* stopping for a Nahor lived another 119 years. During that time at several places on the way. time he had other sons and daughters. 26After Terah was 70 years old, his sons Abram in Egypt Abram, Nahor, and Haran were born. 10During this time there was not enough food in the land, so Abram went down to The History of Terah’s Family Egypt to live. 11Just before they arrived in 27This is the history of Terah’s family. Terah Egypt, Abram told Sarai, “Look, I know that was the father of Abram, Nahor, and Haran. you are a very beautiful woman. 12When the Haran was the father of Lot. 28Haran died Egyptian men see you, they will say, ‘This in his hometown, Ur of Babylonia,a while woman is his wife.’ Then they will kill me his father Terah was still alive. 29Abram and and keep you alive because they want you. Nahor both married. Abram’s wife was named 13So tell them that you are my sister. Then Sarai. Nahor’s wife was named Milcah. Mil- they will be good to me because of you. In cah was the daughter of Haran. Haran was this way you will save my life.” the father of Milcah and Iscah. 30Sarai did not 14So when Abram went into Egypt, the have any children because she was not able Egyptian men saw that Sarai was a very beau- to have children. tiful woman. 15Even some of Pharaoh’s offi- 31Terah took his family and left Ur of Baby- cials noticed her and told Pharaoh how beau- lonia. They planned to travel to Canaan.* tiful she was. So they took her to Pharaoh’s Terah took his son Abram, his grandson Lot house. 16Pharaoh was kind to Abram because (Haran’s son), and his daughter-in-law Sarai he thought Abram was Sarai’s brother. He (Abram’s wife). They traveled to the city of gave Abram sheep, cattle, donkeys, camels, Haran and decided to stay there. 32Terah lived and men and women servants. to be 205 years old. He died in Haran. 17Pharaoh took Abram’s wife, so the Lord caused Pharaoh and all the people in his house God Calls Abram to have very bad diseases. 18Pharaoh called 1The Lord said to Abram, Abram and said to him, “You have done a very 12 “Leave your country and your people. bad thing to me! Why didn’t you tell me Sarai Leave your father’s family was your wife? 19You said, ‘She is my sister.’ and go to the country that I will show Why did you say that? I took her so that she you. could be my wife, but now I give your wife 2 I will build a great nation from you. back to you. Take her and go!” 20Then Pha- I will bless you raoh commanded his men to lead Abram out and make your name famous. of Egypt. So Abram and his wife left that place People will use your name and took everything they had with them. to bless other people. b 12:7 The LORD appeared God often used special shapes so that people could see him. Sometimes he a 11:28 Ur of Babylonia Literally, “Ur of the Chal- was like a man, an angel, a fire, or a bright light. deans.” A city in southern Babylonia. Also in verse 31. c 12:8 Ai The name of this town means “the ruins.” GENESIS 13:1 10 Abram Returns to Canaan of Gomorrah, King Shinab of Admah, King 1So Abram left Egypt. He traveled Shemeber of Zeboiim, and the king of Bela. 13 through the Negev* with his wife (Bela is also called Zoar.) and everything he owned. Lot was also with 3All these kings joined their armies in the them. 2At this time Abram was very rich. He Valley of Siddim. (The Valley of Siddim is now had many animals and much silver and gold. the Salt Sea.) 4These kings had served Kedor- 3Abram continued traveling around. He laomer for twelve years. But in the 13th year, left the Negev and went back to Bethel. He they all rebelled against him. 5So in the 14th went to the place between the city of Bethel year, King Kedorlaomer and the kings with and Ai,a where he and his family had camped him came to fight against them. Kedorlaomer before. 4This was where Abram had built and the kings with him defeated the Rephaites an altar* earlier. So he worshiped the Lord in Ashteroth Karnaim. They also defeated the there. Zuzites in Ham. They defeated the Emites in Shaveh Kiriathaim. 6And they defeated the Abram and Lot Separate Horites who lived in the area from the hill 5During this time Lot was also traveling country of Seirb to El Paran.c (El Paran is near with Abram. Lot had many animals and tents. the desert.) 7Then King Kedorlaomer turned 6Abram and Lot had so many animals that the back and went to En Mishpat (that is, Kadesh) land could not support both of them together. and defeated the Amalekites. He also defeated 7(The Canaanites and the Perizzites were the Amorites living in Hazezon Tamar. also living in this land at the same time.) The 8At that time the kings of Sodom, Gomor- shepherds of Abram and Lot began to argue. rah, Admah, Zeboiim, and Bela (Zoar) joined 8So Abram said to Lot, “There should be together to fight against their enemies in the no arguing between you and me or between Valley of Siddim.d 9They fought against King your people and my people. We are all broth- Kedorlaomer of Elam, King Tidal of Goiim, ers. 9We should separate. You can choose any King Amraphel of Shinar, and King Arioch place you want. If you go to the left, I will go of Ellasar. So there were four kings fighting to the right. If you go to the right, I will go against five. to the left.” 10There were many holes filled with tar* in 10Lot looked and saw the whole Jordan Val- the Valley of Siddim. When the kings of Sodom ley. He saw that there was much water there. and Gomorrah and their armies ran away, (This was before the Lord destroyed Sodom some of the soldiers fell into these holes, but and Gomorrah. At that time the Jordan Val- the others ran away to the mountains. ley all the way to Zoar was like the Lord’s 11So Kedorlaomer and his armies took Garden. This was good land, like the land of everything that the people of Sodom and Egypt.) 11So Lot chose to live in the Jordan Gomorrah owned. They took all their food Valley. The two men separated, and Lot began and clothing and left. 12Lot, the son of traveling east. 12Abram stayed in the land of Abram’s brother, was living in Sodom, and Canaan,* and Lot lived among the cities in the they captured him. They also took everything valley. Lot moved as far as Sodom and made he owned and left. 13One of the men who his camp there. 13The Lord knew that the had escaped went to Abram the Hebrew and people of Sodom were very evil sinners. told him what happened. Abram was camped 14After Lot left, the Lord said to Abram, near the trees of Mamre the Amorite. Mamre, “Look around you. Look north and south Eshcol, and Anere had made an agreement to and east and west. 15All this land that you help each other, and they had also signed an see I will give to you and your people who agreement to help Abram. live after you. This will be your land forever. 16I will make your people so many that they Abram Rescues Lot will be like the dust of the earth. If people 14When Abram learned that Lot was cap- could count all the particles of dust on earth, tured, he called all of his family together. they could count your people. 17So go. Walk There were 318 trained soldiers. He led the through your land. I now give it to you.” men and chased the enemy all the way to the 18So Abram moved his tents. He went to town of Dan. 15That night he and his men live near the big trees of Mamre. This was made a surprise attack against the enemy. near the city of Hebron. There he built an They defeated them and chased them to altar* to honor the Lord. Hobah, north of Damascus. 16Then Abram brought back everything the enemy had sto- Lot Is Captured len, as well as the women and servants, his 1Amraphel was the king of Shinar, 14 Arioch was the king of Ellasar, Kedor- b 14:6 Seir Or “Edom.” c 14:6 laomer was the king of Elam, and Tidal was El Paran Probably the town Elath, at the 2 southern tip of Israel near the Red Sea. the king of Goiim. All these kings fought a d 14:8 Valley of Siddim The valley or plain along the war against King Bera of Sodom: King Birsha eastern or southeastern side of the Dead Sea. e 14:13 Mamre … Aner Literally, “Mamre … was a a 13:3 Ai The name of this town means “the ruins.” brother of Eshcol and a brother of Aner.” 11 GENESIS 16:2 nephew Lot, and everything Lot owned. land. You will own this land.” 17Then Abram went home after he defeated 8But Abram said, “Lord God, how can I be Kedorlaomer and the kings with him. On his sure that I will get this land?” way home, the king of Sodom went out to 9God said to Abram, “We will make an meet him in the Valley of Shaveh. (This is agreement. Bring me a three-year-old cow, now called King’s Valley.) a three-year-old goat, a three-year-old ram, a dove, and a young pigeon.” Melchizedek 10Abram brought all these to God. Abram 18Melchizedek, the king of Salem and a killed these animals and cut each of them into priest of God Most High, also went to meet two pieces. Then he laid each half across from Abram. He brought bread and wine. 19He the other half. He did not cut the birds into blessed Abram and said, two pieces. 11Later, large birds flew down to eat the animals, but Abram chased them “ Abram, may you be blessed by God Most away. High, 12The sun began to go down and Abram the one who made heaven and earth. got very sleepy. While he was asleep, a very 20 And we praise God Most High, terrible darkness came over him. 13Then the who helped you defeat your enemies.” Lord said to Abram, “You should know this: Your descendants will live in a country that is Abram gave Melchizedek one-tenth of not their own. They will be strangers there. everything he had taken during the battle. The people there will make them slaves and 21Then the king of Sodom told Abram, “Give be cruel to them for 400 years. 14But then I me my people who were captured. But you will punish the nation that made them slaves. can keep everything else.” Your people will leave that land, and they will 22But Abram said to the king of Sodom, “I take many good things with them. promise to the Lord, the God Most High, the 15“You yourself will live to be very old. You one who made heaven and earth. 23I promise will die in peace and be buried with your fam- that I will not keep anything that is yours— ily. 16After four generations your people will not even a thread or a sandal strap! I don’t come to this land again and defeat the Amor- want you to say, ‘I made Abram rich.’ 24The ites. That will happen in the future because only thing I will accept is the food that my the Amorites are not yet guilty enough to lose young men have eaten, but you should give their land.” the other men their share. Take what we won 17After the sun went down, it got very dark. in battle and give some to Aner, Eshcol, and The dead animals were still on the ground, Mamre. These men helped me in the battle.” each animal cut into two pieces. Then a smoking firepotb and a flaming torch passed God’s Agreement With Abram between the halves of the dead animals.c 1After all these things happened, the 18So on that day the Lord made a promise 15 word of the Lord came to Abram and an agreement with Abram. He said, “I will in a vision.* God said, “Abram, don’t be give this land to your descendants. I will give afraid. I will defend you and give you a great them the land between the River of Egyptd reward.” and the great river Euphrates. 19This is the 2But Abram said, “Lord God, there is noth- land of the Kenites, Kenizzites, Kadmonites, ing you can give me that will make me happy, 20Hittites, Perizzites, Rephaites, 21Amorites, because I have no son. My slave Eliezer from Canaanites, Girgashites, and Jebusites.” Damascus will get everything I own after I die.” 3Abram said, “You have given me no Hagar the Servant Girl son, so a slave born in my house will get 1Sarai was Abram’s wife, but she everything I have.” 16 did not have any children. She had 4Then the Lord spoke to Abram and said, an Egyptian slave named Hagar. 2Sarai told “That slave will not be the one to get what Abram, “The Lord has not allowed me to you have. You will have a son who will get have children, so sleep with my slave. Maybe everything you own.” she can have a son, and I will accept him as 5Then God led Abram outside and said, my own.” Abram did what Sarai said. “Look at the sky. See the many stars. There are so many you cannot count them. Your b 15:17 firepot A clay pot in which burning coals family will be like that.” were placed to be used for starting new fires. 6Abram believed the Lord, and because of c 15:17 passed between … animals This showed this faith the Lord accepted him as one who that God “signed” or “sealed” the agreement he has done what is right. 7He said to Abram, “I made with Abram. People showed that they am the Lord who led you from Ur of Baby- were sincere in making an agreement by walking a between the parts of animals that had been cut into lonia. I did this so that I could give you this pieces and saying something like, “May this same thing happen to me if I don’t keep the agreement.” a 15:7 Ur of Babylonia Literally, “Ur of the Chal- d 15:18 River of Egypt That is, the stream called deans.” A city in southern Babylonia. “Wadi El-Arish.” GENESIS 16:3 12 3So after living ten years in the land of way. 2If you do this, I will prepare an agree- Canaan,* Sarai gave her Egyptian slave to ment between us. I will promise to make your Abram as a second wife. 4Abram slept with people a great nation.” Hagar, and she became pregnant. When 3Then Abram bowed down before God. Hagar realized this, she became very proud God said to him, 4“This is my part of our and began to feel that she was better than agreement: I will make you the father of Sarai her owner. 5Then Sarai said to Abram, many nations. 5I will change your name from “My slave girl now hates me, and I blame you Abramd to Abraham,e because I am making for this. I gave her to you, and she became you the father of many nations. 6I will give pregnant. Then she began to feel that she is you many descendants. New nations and better than I am. I want the Lord to judge kings will come from you. 7And I will pre- which of us is right.” pare an agreement between me and you. This 6But Abram said to Sarai, “She is your agreement will also be for all your descen- slave. You can do anything you want to her.” dants. It will continue forever. I will be your So Sarai was cruel to Hagar, and Hagar ran God and the God of all your descendants. away. 8And I will give this land to you and to all your descendants. I will give you the land you Hagar’s Son Ishmael are traveling through—the land of Canaan.* I 7The angel of the Lord found Hagar near a will give you this land forever, and I will be spring of water in the desert. The spring was your God.” by the road to Shur. 8The angel said, “Hagar, 9Then God said to Abraham, “Now, this is Sarai’s slave girl, why are you here? Where your part of the agreement: You and all your are you going?” descendants will obey my agreement. 10This Hagar said, “I am running away from is my agreement that all of you must obey. Sarai.” This is the agreement between me and you 9The angel of the Lord said to her, “Sarai is and all your descendants. Every male must your owner. Go home to her and obey her.” be circumcised.* 11You will cut the skin to 10The angel of the Lord also said, “From you show that you follow the agreement between will come many people—too many people to me and you. 12When the baby boy is eight count.” days old, you will circumcise him. Every boy 11Then the angel of the Lord said, born among your people and every boy who is a slave of your people must be circumcised. “ Hagar, you are now pregnant, 13So every baby boy in your nation will be and you will have a son. circumcised. Every boy who is born from You will name him Ishmael,a your family or bought as a slave will be cir- because the Lord has heard that you cumcised. 14Abraham, this is the agreement were treated badly. between you and me: Any male who is not 12 Ishmael will be wild and free circumcised will be cut off from his peoplef like a wild donkey. because he has broken my agreement.” He will be against everyone, and everyone will be against him. Isaac—the Promised Son He will move from place to place 15God said to Abraham, “I will give Sarai,g and camp near his brothers.” your wife, a new name. Her new name will be Sarah.h 16I will bless her. I will give her a 13The Lord talked to Hagar. She began to son, and you will be the father. She will be the use a new name for God. She said to him, mother of many new nations. Kings of nations “You are ‘God Who Sees Me.’” She said this will come from her.” because she thought, “I see that even in this 17Abraham bowed his face to the ground to place God sees me and cares for me!” 14So show he respected God. But he laughed and the well there was called Beer Lahai Roi.b It is said to himself, “I am 100 years old. I cannot between Kadesh and Bered. have a son, and Sarah is 90 years old. She 15Hagar gave birth to Abram’s son, and cannot have a child.” Abram named the son Ishmael. 16Abram was 18Then Abraham said to God, “I hope Ish- 86 years old when Ishmael was born from mael will live and serve you.” Hagar. 19God said, “No, I said that your wife Sarah
Circumcision—Proof of the Agreement 1When Abram was 99 years old, the d 17:5 Abram This name means “honored father.” 17 Lord appeared to him. He said, “I am e 17:5 Abraham This name means “great father” or God All-Powerful.c Obey me and live the right “father of many.” f 17:14 cut off from his people This means he must be separated from his family and lose his share of a 16:11 Ishmael This name means “God hears.” the inheritance. b 16:14 Beer Lahai Roi This means “The well of the g 17:15 Sarai A name, probably Aramaic, meaning Living One who sees me.” “princess.” c 17:1 God All-Powerful Literally, “El Shaddai.” h 17:15 Sarah A Hebrew name meaning “princess.” 13 GENESIS 18:29 will have a son. You will name him Isaac.a I Sarah was listening in the tent and heard will make my agreement with him that will these things. 11Abraham and Sarah were very continue forever with all his descendants. old. Sarah was past the right age for women 20“You mentioned Ishmael, and I heard to have children. 12So she laughed to herself you. I will bless him, and he will have many and said, “I am old, and my husband is old. I children. He will be the father of twelve great am too old to have a baby.” leaders. His family will become a great nation. 13Then the Lord said to Abraham, “Sarah 21But I will make my agreement with Isaac, laughed and said she was too old to have a the son who Sarah will have. He will be born baby. 14But is anything too hard for the Lord? at this same time next year.” I will come again in the spring, just as I said I 22After God finished talking with Abraham, would, and your wife Sarah will have a son.” God went up into heaven. 23Then Abraham 15Sarah said, “I didn’t laugh!” (She said this gathered together Ishmael and all the slaves because she was afraid.) born in his house. He also gathered all the Then the Lord said, “No, I know that is not slaves he had bought. Every man and boy in true. You did laugh!” Abraham’s house was gathered together, and 16Then the men got up to leave. They they were all circumcised.* Abraham circum- looked toward Sodom and began walking in cised them that day, just as God had told him that direction. Abraham walked with them to to do. send them on their way. 24Abraham was 99 years old when he was circumcised. 25And Ishmael, his son, was 13 Abraham’s Bargain With God years old when he was circumcised. 26Abra- 17The Lord said to himself, “Should I tell ham and his son were circumcised on the Abraham what I am going to do now? 18Abra- same day. 27Also, on that day all the men in ham will become a great and powerful nation, Abraham’s house were circumcised. All the and all the nations on earth will be blessed slaves born in his house and all the slaves he because of him. 19I have made a special agree- had bought were circumcised. ment with him. I did this so that he would command his children and his descendants to The Three Visitors live the way the Lord wants them to. I did this 1Later, the Lord again appeared to so that they would live right and be fair. Then 18 Abraham near the oak trees of Mamre. I, the Lord, can give him what I promised.” It was the hottest part of the day, and Abra- 20Then the Lord said, “I have heard many ham was sitting at the door of his tent. 2He times that the people of Sodom and Gomor- looked up and saw three men standing in rah are very evil. 21I will go and see if they front of him. When he saw the men, he ran are as bad as I have heard. Then I will know to them and bowed before them. 3Abraham for sure.” said, “Sirs,b please stay a while with me, your 22So the men turned and started walk- servant. 4I will bring some water to wash your ing toward Sodom while Abraham stood feet. You can rest under the trees. 5I will get there before the Lord. 23Then Abraham some food for you, and you can eat as much approached him and asked, “Will you destroy as you want. Then you can continue your the good people while you are destroying journey.” those who are evil? 24What if there are fifty The three men said, “Do as you wish.” good people in that city? Will you still destroy 6Abraham hurried to the tent. He said to it? Surely you will save the city for the fifty Sarah, “Quickly, prepare enough flour for good people living there. 25Surely you would three loaves of bread.” 7Then Abraham ran not destroy the city. You would not destroy to his cattle. He took his best young calf and fifty good people to kill those who are evil. If gave it to the servant there. He told the ser- that happened, those who are good would be vant to quickly kill the calf and prepare it the same as those who are evil—both would for food. 8Abraham brought the meat and be punished. As the judge of the whole world, some milk and cheese and set them down in surely you would do the right thing!” front of the three men. Then he stood near 26Then the Lord said, “If I find fifty good the men, ready to serve them while they sat people in the city of Sodom, I will save the under the tree and ate. whole city.” 9Then the men said to Abraham, “Where is 27Then Abraham said, “Compared to you, your wife Sarah?” Lord, I am only dust and ashes. But let me Abraham said, “She is there, in the tent.” bother you again and ask you this question. 10Then one of them said, “I will come again 28What if there are five less than fifty? Will in the spring. At that time your wife Sarah you destroy a whole city because of just five will have a son.” people?” The Lord said, “If I find forty-five good a 17:19 Isaac This name means “he laughs” or “he is happy.” people there, I will not destroy the city.” 29 b 18:3 Sirs This Hebrew word can mean “sirs” or Abraham spoke again. He said, “And if “Lord.” This might show that these were not ordinary you find only forty good people there, will you men. destroy the city?” GENESIS 18:30 14 The Lord said, “If I find forty good people, the door, pulled him back inside the house, I will not destroy the city.” and closed the door. 11Then they did some- 30Then Abraham said, “Lord, please don’t thing to the men outside the door—they be angry with me, but let me ask you this. caused all these evil men, young and old, to If only thirty good people are in the city, will become blind. So the men trying to get in the you destroy it?” house could not find the door. The Lord said, “If I find thirty good people there, I will not destroy the city.” The Escape From Sodom 31Then Abraham said, “Lord, may I bother 12The two men said to Lot, “Are there you again and ask, what if there are twenty any other people from your family living in good people?” this city? Do you have any sons-in-law, sons, The Lord answered, “If I find twenty good daughters, or any other people from your fam- people, I will not destroy the city.” ily here? If so, you should tell them to leave 32Then Abraham said, “Lord, please don’t now. 13We are going to destroy this city. The be angry with me, but let me bother you this Lord heard how evil this city is, so he sent us one last time. If you find ten good people to destroy it.” there, what will you do?” 14So Lot went out and spoke to his sons- The Lord said, “If I find ten good people in in-law, the men who had married his other the city, I will not destroy it.” daughters. He said, “Hurry and leave this 33The Lord finished speaking to Abraham city! The Lord will soon destroy it!” But they and left. Then Abraham went back home. thought he was joking. 15The next morning at dawn, the angels Lot’s Visitors were trying to make Lot hurry. They said, 1-2That evening the two angels came “This city will be punished, so take your wife 19 to the city of Sodom. Lot was sitting and your two daughters who are still with near the city gates and saw them. He got up you and leave this place. Then you will not be and went to them. He bowed to show respect destroyed with the city.” and said, “Sirs, please come to my house, and 16When Lot did not move fast enough, the I will serve you. There you can wash your feet two men grabbed his hand. They also took the and stay the night. Then tomorrow you can hands of his wife and his two daughters. The continue your journey.” two men led Lot and his family safely out of The angels answered, “No, we will stay the the city. The Lord was kind to Lot and his night in the city square.” family. 17So after the two men brought Lot and 3But Lot continued to ask them to come to his family out of the city, one of the men said, his house, so they agreed and went with him. “Now run to save your life! Don’t look back at Lot gave them something to drink. He baked the city, and don’t stop anywhere in the val- some bread for them, and they ate it. ley. Run until you are in the mountains. If you 4That evening, just before bedtime, men stop, you will be destroyed with the city!” from every part of town came to Lot’s house. 18But Lot said to the two men, “Sirs, please They stood around the house and called to don’t force me to run so far! 19You have been Lot. They said, 5“Where are the two men very kind to me, your servant. You have been who came to you tonight? Bring them out to very kind to save me, but I cannot run all us. We want to have sex with them.” the way to the mountains. What if I am too 6Lot went outside and closed the door slow and something happens? I will be killed! behind him. 7He said to the men, “No, my 20Look, there is a very small town near here. friends, I beg you, please don’t do this evil Let me run to that town. I can run there and thing! 8Look, I have two daughters who have be safe.” never slept with a man before. I will give my 21The angel said to Lot, “Very well, I’ll let daughters to you. You can do anything you you do that. I will not destroy that town. 22But want with them. But please don’t do anything run there quickly. I cannot destroy Sodom to these men. They have come to my house, until you are safely in that town.” (That town and I must protect them.”a is named Zoar,b because it is a small town.) 9The men surrounding the house answered, “Get out of our way!” They said to themselves, Sodom and Gomorrah Destroyed “This man Lot came to our city as a visitor. 23Lot was entering the town as the sun Now he wants to tell us how we should live!” came up, 24and the Lord began to destroy Then the men said to Lot, “We will do worse Sodom and Gomorrah. He caused fire and things to you than to them.” So the men burning sulfur to fall from the sky. 25He started moving closer and closer to Lot. They destroyed the whole valley—all the cities, the were about to break down the door. people living in the cities, and all the plants 10But the two men staying with Lot opened in the valley. 26Lot’s wife was following behind him and a 19:8 I must protect them Whoever invited a looked back at the city. When she did, she traveler in as a guest was also promising to protect the traveler. b 19:22 Zoar This name means “small.” 15 GENESIS 21:6 became a block of salt. himself told me, ‘This woman is my sister,’ 27Early the next morning, Abraham got up and she also said, ‘This man is my brother.’ and went to the place where he stood before I am innocent. I did not know what I was the Lord. 28Abraham looked down into the doing.” valley toward the cities of Sodom and Gomor- 6Then God said to Abimelech in a dream, rah. He saw clouds of smoke rising from the “Yes, I know that you are innocent and that land, like smoke from a furnace.* you did not know what you were doing. I 29God destroyed the cities in the valley, but saved you. I did not allow you to sin against he remembered what Abraham had said. So me. I was the one who did not allow you to God sent Lot away from those cities before sleep with her. 7So give Abraham his wife destroying them. again. He is a prophet.* He will pray for you, and you will live. But if you don’t give Sarah Lot and His Daughters back to him, I promise that you will die. And 30Lot was afraid to stay in Zoar, so he and all your family will die with you.” his two daughters went to live in the moun- 8So very early the next morning, Abim- tains in a cave. 31One day the older daugh- elech called all his servants and told them ter said to the younger, “Everywhere on the about the dream. The servants were very earth, men and women marry and have a afraid. 9Then Abimelech called Abraham and family. But our father is old, and there are said to him, “Why have you done this to us? no men around here to give us children. 32So What wrong did I do to you? Why did you lie let’s get our father drunk with wine. Then we and say that she was your sister? You brought can have sex with him. That way we can use great trouble to my kingdom. You should not our father to keep our family alive!” have done this to me. 10What were you afraid 33That night the two girls went to their of? Why did you do this to me?” father and got him drunk with wine. Then the 11Then Abraham said, “I thought no one in older daughter went and had sexual relations this place respected God. I thought someone with him. He did not even know when she would kill me to get Sarah. 12She is my wife, came to bed or when she got up. but she is also my sister. She is the daugh- 34The next day the older daughter said to ter of my father but not the daughter of my the younger daughter, “Last night I went to mother. 13God led me away from my father’s bed with my father. Let’s get him drunk with house. He led me to wander to many differ- wine again tonight. Then you can go and have ent places. When that happened, I told Sarah, sex with him. In this way we can use our ‘Do something for me. Wherever we go, tell father to have children, and our family will people you are my sister.’” not come to an end.” 35So that night the two 14So Abimelech gave Sarah back to Abra- girls got their father drunk with wine. Then ham. Abimelech also gave Abraham some the younger daughter went and had sexual sheep, cattle, and slaves. 15And Abimelech relations with him. Again, Lot did not know said, “Look all around you. This is my land. when she came to bed or when she got up. You may live any place you want.” 36Both of Lot’s daughters became pregnant. 16Abimelech said to Sarah, “I gave your Their father was the father of their babies. brother Abraham 1000 pieces of silver. I 37The older daughter gave birth to a son. She did this to show that I am very sorry. I want named him Moab.a Moab is the ancestor* of everyone to see that I did the right thing.” all the Moabites living today. 38The younger 17-18The Lord made all the women in daughter also gave birth to a son. She named Abimelech’s family not able to have children. him Ben-Ammi.b Ben-Ammi is the ancestor of God did this because Abimelech had taken all the Ammonites living today. Sarah, Abraham’s wife. But Abraham prayed to God, and God healed Abimelech, his wife, Abraham Goes to Gerar and his servant girls. 1Abraham left that place and traveled 20to the Negev.* He settled in the city Finally, a Baby for Sarah of Gerar, between Kadesh and Shur. While in 1The Lord came back to visit Sarah Gerar, 2Abraham told people that Sarah was 21 as he said he would, and he kept his his sister. King Abimelech of Gerar heard promise to her. 2At exactly the time God said this. Abimelech wanted Sarah, so he sent it would happen, Sarah became pregnant and some servants to take her. 3But one night God gave birth to a son for Abraham in his old age. spoke to Abimelech in a dream and said, “You 3Abraham named his son Isaac.c 4Abraham will die. The woman you took is married.” did what God commanded and circumcised* 4But Abimelech had not yet slept with Isaac when he was eight days old. Sarah, so he said, “Lord, I am not guilty. 5Abraham was 100 years old when his son Would you kill an innocent man? 5Abraham Isaac was born. 6Sarah said, “God has made a 19:37 Moab In Hebrew this name sounds like me happy, and everyone who hears about this “from father.” b 19:38 Ben-Ammi In Hebrew this name sounds like c 21:3 Isaac This name means “he laughs” or “he is “son of my father” or “son of my people.” happy.” GENESIS 21:7 16 will be happy with me. 7No one thought that 24And Abraham said, “I promise to treat I, Sarah, would be able to have Abraham’s you the same way you have treated me.” child. But I have given Abraham a son, even 25Then Abraham complained to Abimelech though he is old.” because Abimelech’s servants had captured a well of water. Trouble at Home 26But Abimelech said, “I don’t know who 8Isaac continued to grow, and soon he was did this. You never told me about this before old enough to begin eating solid food. So today!” Abraham gave a big party. 9Sarah saw Hagar’s 27So Abraham and Abimelech made an son playing. (Hagar was the Egyptian slave agreement. Abraham gave Abimelech some woman who gave birth to Abraham’s first sheep and cattle as proof of the agreement. son.) 10Sarah said to Abraham, “Get rid of 28Abraham also put sevena female lambs in that slave woman and her son. Send them front of Abimelech. away! When we die, our son Isaac will get 29Abimelech asked Abraham, “Why everything we have. I don’t want that slave did you put these seven female lambs by woman’s son sharing these things with my themselves?” son Isaac!” 30Abraham answered, “When you accept 11This upset Abraham very much. He was these lambs from me, it will be proof that I worried about his son Ishmael. 12But God said dug this well.” to Abraham, “Don’t worry about the boy and 31So after that, the well was called Beer- the slave woman. Do what Sarah wants. Your sheba.b Abraham gave the well this name descendants will be those who come through because it was the place where they made a Isaac. 13But I will also bless the son of your promise to each other. slave woman. He is your son, so I will make a 32So Abraham and Abimelech made an great nation from his family also.” agreement at Beersheba. Then Abimelech 14Early the next morning Abraham took and Phicol, his military commander, went some food and water and gave them to Hagar. back to the country of the Philistines. She carried them and left with her boy. She 33Abraham planted a special tree at Beer- left that place and wandered in the desert of sheba and prayed to the Lord, the God who Beersheba. lives forever. 34And Abraham lived as a 15After some time, when all their drink- stranger for a long time in the country of the ing water was gone, Hagar put her son under Philistines. a bush. 16Then she walked a short distance away and sat down. She thought her son Abraham, Kill Your Son would die because there was no water. She 1After these things God decided to did not want to watch him die. She sat there 22test Abraham’s faith. God said to him, and began to cry. “Abraham!” 17God heard the boy crying, and God’s And he said, “Yes!” angel called to Hagar from heaven. He said, 2Then God said, “Take your son to the land “What is wrong, Hagar? Don’t be afraid! The of Moriah and kill your son there as a sacri- Lord has heard the boy crying there. 18Go fice* for me. This must be Isaac, your only help the boy. Hold his hand and lead him. I son, the one you love. Use him as a burnt will make him the father of many people.” offering* on one of the mountains there. I will 19Then God allowed Hagar to see a well of tell you which mountain.” water. So she went to the well and filled her 3In the morning Abraham got up and bag with water. Then she gave water to the saddled his donkey. He took Isaac and two boy to drink. servants with him. He cut the wood for the 20God continued to be with the boy while sacrifice. Then they went to the place where he grew up. Ishmael lived in the desert and God told them to go. 4After they traveled became a hunter. He learned to shoot a bow three days, Abraham looked up, and in the very well. 21His mother found a wife for him distance he saw the place where they were in Egypt. They continued to live in the Paran going. 5Then he said to his servants, “Stay desert. here with the donkey. The boy and I will go to that place and worship. Then we will come Abraham’s Bargain With Abimelech back to you later.” 22Then Abimelech and Phicol spoke with 6Abraham took the wood for the sacrifice Abraham. Phicol was the commander of Abi- and put it on his son’s shoulder. Abraham melech’s army. They said to Abraham, “God took the special knife and fire. Then both he is with you in everything you do. 23So make a promise to me here before God. Promise that a 21:28 you will be fair with me and with my chil- seven The Hebrew word for “seven” is like the Hebrew word for “oath” or “promise,” and it is dren. Promise that you will be kind to me and like the last part of the name Beersheba. The seven this country where you have lived. Promise animals were proof of this promise. that you will be as kind to me as I have been b 21:31 Beersheba This name means “well of the to you.” oath.” 17 GENESIS 23:20 and his son went together to the place for Sarah Dies worship. 1Sarah lived to be 127 years old. 7Isaac said to his father Abraham, “Father!” 232She died in the city of Kiriath Arba Abraham answered, “Yes, son?” (Hebron) in the land of Canaan.* Abraham Isaac said, “I see the wood and the fire. was very sad and cried for her there. 3Then But where is the lamb we will burn as a he left his dead wife and went to talk to the sacrifice?” Hittites. He said, 4“I am only a foreigner stay- 8Abraham answered, “God himself is pro- ing in your country. I have no place to bury viding the lamb for the sacrifice, my son.” my wife. Please give me some land so that I So both Abraham and his son went together can bury her.” to that place. 9When they came to the place 5The Hittites answered Abraham, 6“Sir, you where God told them to go, Abraham built an are a great leaderc among us. You can have altar.* He carefully laid the wood on the altar. the best place we have to bury your dead. You Then he tied up his son Isaac and laid him on can have any of our burying places that you the altar on top of the wood. 10Then Abraham want. None of us will stop you from burying reached for his knife to kill his son. your wife there.” 11But the angel of the Lord stopped him. 7Abraham got up and bowed to the people. The angel called from heaven and said, “Abra- 8He said to them, “If you really want to help ham, Abraham!” me bury my dead wife, speak to Ephron the Abraham answered, “Yes?” son of Zohar for me. 9I would like to buy the 12The angel said, “Don’t kill your son or cave of Machpelah, which belongs to Ephron. hurt him in any way. Now I can see that It is at the end of his field. I will pay him the you do respect and obey God. I see that you full price. I want all of you to be witnesses are ready to kill your son, your only son, for that I am buying it as a burial place.” me.” 10Ephron was sitting there among the 13Then Abraham noticed a ram whose people. He answered Abraham, 11“No, sir. horns were caught in a bush. So Abraham Here in front of my people, I give you that went and took the ram. He offered it, instead land and the cave on it so that you can bury of his son, as a sacrifice to God. 14So Abraham your wife.” gave that place a name, “The Lord Provides.”a 12Abraham bowed before the Hittites. 13He Even today people say, “On the mountain of said to Ephron before all the people, “But I the Lord, he will give us what we need.”b want to give you the full price for the field. 15The angel of the Lord called to Abraham Accept my money, and I will bury my dead.” from heaven a second time. 16The angel said, 14Ephron answered Abraham, 15“Sir, listen “You were ready to kill your only son for to me. Ten poundsd of silver mean nothing me. Since you did this for me, I make you to you or me. Take the land and bury your this promise: I, the Lord, promise that 17I dead wife.” will surely bless you and give you as many 16Abraham understood that Ephron was descendants as the stars in the sky. There telling him the price of the land.e So Abra- will be as many people as sand on the sea- ham paid him for the land. He weighed out shore. And your people will live in cities that ten pounds of silver for Ephron and gave it to they will take from their enemies. 18Every the merchant.f nation on the earth will be blessed through 17-18So the field of Ephron changed owners. your descendants. I will do this because you This field was in Machpelah, near Mamre. obeyed me.” Abraham became the owner of the field, the 19Then Abraham went back to his servants. cave in it, and all the trees in the field. Every- They all traveled back to Beersheba, and one in the city saw the agreement between Abraham stayed there. Ephron and Abraham. 19After this, Abraham 20After all these things happened, a mes- buried his wife Sarah in the cave of that field sage was sent to Abraham. It said, “Your near Mamre (Hebron) in the land of Canaan. brother Nahor and his wife Milcah have 20Abraham bought the field and the cave in it children now. 21The first son is Uz. The sec- from the Hittites. So this became his property ond son is Buz. The third son is Kemuel, the to be used as a burial place. father of Aram. 22Then there are Kesed, Hazo, Pildash, Jidlaph, and Bethuel.” 23Bethuel was the father of Rebekah. Milcah was the mother of these eight sons, and Nahor was the father. Nahor was Abraham’s brother. 24Also Nahor c 23:6 great leader Literally, “God’s prince.” had four other sons from his slave woman* d 23:15 Ten pounds Literally, “400 shekels” (4.6 kg). Reumah. The sons were Tebah, Gaham, Also in verse 16. e 23:16 Tahash, and Maacah. Abraham understood … the land Literally, “Abraham heard.” a 22:14 The LORD Provides Hebrew, “Yahweh Yireh,” f 23:16 merchant Someone who earns their living which can mean “the LORD sees” or “the LORD gives.” by buying and selling things. Here, this is probably a b 22:14 On the mountain … need Or “On this moun- person who was helping Abraham and Ephron write tain the LORD can be seen.” the contract in verses 17 and 18. GENESIS 24:1 18 A Wife for Isaac the well. She was the daughter of Bethuel. 1Abraham lived to be a very old man. (Bethuel was the son of Milcah and Nahor, 24The Lord blessed him and every- Abraham’s brother.) Rebekah came to the thing he did. 2Abraham’s oldest servant was well with her water jar on her shoulder. 16She in charge of everything he owned. Abraham was very pretty. She was a virgin; no man had called that servant to him and said, “Put your ever had sexual relations with her. She went hand under my leg.a 3Now I want you to down to the well and filled her jar. 17Then the make a promise to me. Promise to me before servant ran to her and said, “Please give me a the Lord, the God of heaven and earth, that little water to drink from your jar.” you will not allow my son to marry a girl 18Rebekah quickly lowered the jar from from Canaan.* We live among these people, her shoulder and gave him a drink. She said, but don’t let him marry a Canaanite girl. 4Go “Drink this, sir.” 19As soon as she finished back to my country, to my own people, to giving him something to drink, Rebekah said, find a wife for my son Isaac. Bring her here “I will also pour some water for your camels.” to him.” 20So Rebekah quickly poured all the water 5The servant said to him, “Maybe this from her jar into the drinking trough for the woman will not want to come back with me camels. Then she ran to the well to get more to this land. If that happens, should I take water, and she gave water to all the camels. your son with me to your homeland?” 21The servant quietly watched her. He 6Abraham said to him, “No, don’t take wanted to be sure that the Lord had given my son to that place. 7The Lord, the God of him an answer and had made his trip suc- heaven, brought me from my homeland to this cessful. 22After the camels finished drinking, place. That place was the home of my father he gave Rebekah a gold ring that weighed 1⁄4 and the home of my family, but he promised ounce.b He also gave her two gold arm brace- that this new land would belong to my family. lets that weighed 2 ouncesc each. 23The ser- May the Lord send his angel before you so vant asked, “Who is your father? And is there that you can choose a wife for my son. 8If the a place in your father’s house for me and my girl refuses to come with you, you will be free men to sleep?” from this promise. But you must not take my 24Rebekah answered, “My father is Bethuel, son back to that place.” the son of Milcah and Nahor.” 25Then she 9So the servant put his hand under his said, “Yes, we have straw and other food for master’s leg and made the promise. your camels and a place for you to sleep.” 26The servant bowed and worshiped the The Search Begins Lord. 27He said, “Praise be to the Lord, the 10The servant took ten of Abraham’s camels God of my master Abraham. The Lord has and left that place. The servant carried with been kind and loyal to him by leading me to him many different kinds of beautiful gifts. his own people.” He went to Mesopotamia, to Nahor’s city. 11In 28Then Rebekah ran and told her family the evening, when the women come out to about all these things. 29-30She had a brother get water, he went to the water well outside named Laban. She told him what the man had the city. He made the camels kneel down at said to her. Laban was listening to her. And the well. when he saw the ring and the bracelets on his 12The servant said, “Lord, you are the God sister’s arms, he ran out to the well. There the of my master Abraham. Allow me to find a man was, standing by the camels at the well. wife for his son today. Please show this kind- 31Laban said, “Sir, you are welcome to come ness to my master Abraham. 13Here I am, in!d You don’t have to stand outside here. I standing by this well of water, and the young have prepared a room for you to sleep in and women from the city are coming out to get a place for your camels.” water. 14I am waiting for a special sign to 32So Abraham’s servant went into the know which is the right one for Isaac. This is house. Laban unloaded his camels and gave the special sign: I will say to the girl, ‘Please them straw and feed. Then he gave Abra- put your jar down so that I can drink.’ I will ham’s servant water so that he and the men know that she is the right one if she says, with him could wash their feet. 33Laban then ‘Drink, and I will also give water to your cam- gave him food to eat, but the servant refused els.’ If that happens, it will be proof that she to eat. He said, “I will not eat until I have told is the right one for Isaac and that you have you why I came.” shown kindness to my master.” So Laban said, “Then tell us.”
A Wife Is Found Bargaining for Rebekah 15Before the servant finished praying, 34The servant said, “I am Abraham’s servant. a young woman named Rebekah came to 35The Lord has greatly blessed my master in b 24:22 1/4 ounce Literally, “1 beka” (5.75 g). a 24:2 Put your hand under my leg This was a sign of c 24:22 2 ounces Literally, “5 measures” (57.5 g). a very important promise that Abraham trusted his d 24:31 Sir, you are welcome to come in Literally, servant to keep. “Come in, blessed of the LORD !” 19 GENESIS 25:8 everything. My master has become a great men had something to eat and drink, and they man. The Lord has given him many flocks of spent the night there. Early the next morning sheep and herds of cattle. He has much sil- they got up and the servant said, “Now we ver and gold and many servants. He has many must go back to my master.” camels and donkeys. 36Sarah was my master’s 55Rebekah’s mother and her brother said, wife. When she was very old, she gave birth “Let Rebekah stay with us for a short time. to a son, and my master has given everything Let her stay with us ten days. After that she he owns to that son. 37My master forced me can go.” to make a promise to him. He said to me, ‘You 56But the servant said to them, “Don’t make must not allow my son to marry a girl from me wait. The Lord has made my trip success- Canaan.* We live among these people, but I ful. Now let me go back to my master.” don’t want him to marry one of the Canaan- 57Rebekah’s brother and mother said, “We ite girls. 38So you must promise to go to my will call Rebekah and ask her what she wants father’s country. Go to my family and choose a to do.” 58They called her and asked her, “Do wife for my son.’ 39I said to my master, ‘Maybe you want to go with this man now?” the woman will not come back to this place Rebekah said, “Yes, I will go.” with me.’ 40But my master said to me, ‘I serve 59So they allowed Rebekah to go with the Lord, and he will send his angel with you Abraham’s servant and his men. Her nurse and help you. You will find a wife for my son also went with them. 60While Rebekah was among my people there. 41But if you go to my leaving they said to her, father’s country, and they refuse to give you a wife for my son, you will be free from this “ Our sister, may you be the mother of promise.’ millions of people, 42“Today I came to this well and said, and may your descendants defeat their ‘Lord, God of my master Abraham, please enemies and take their cities.” make my trip successful. 43I will stand by this well and wait for a young woman to come to 61Then Rebekah and her nurse got on the get water. Then I will say, “Please give me camels and followed the servant and his men. water from your jar to drink.” 44The right So the servant took Rebekah and left. woman will answer in a special way. She 62Isaac had left Beer Lahai Roi and was now will say, “Drink this water, and I will also get living in the Negev.* 63One evening he went water for your camels.” That way I will know out to the field to think.a He looked up and that she is the one the Lord has chosen for saw the camels coming from far away. my master’s son.’ 64Rebekah also looked and saw Isaac. Then 45“Before I finished praying, Rebekah came she jumped down from the camel. 65She said out to the well to get water. She had her water to the servant, “Who is that young man walk- jar on her shoulder as she went to get water ing in the field to meet us?” from the well. I asked her to give me some The servant said, “That is my master’s son.” water. 46She quickly lowered the jar from her So Rebekah covered her face with her veil. shoulder and poured me some water. Then 66The servant told Isaac everything that she said, ‘Drink this, and I’ll get some water had happened. 67Then Isaac brought the girl for your camels.’ So I drank the water, and into his mother’s tent. Rebekah became his she gave water to my camels. 47Then I asked wife that day. Isaac loved her very much. So her, ‘Who is your father?’ She answered, ‘My he was comforted after his mother’s death. father is Bethuel the son of Milcah and Nahor.’ Then I gave her the ring and bracelets for her Abraham’s Family arms. 48I bowed my head and worshiped the 1Abraham married again. His new wife Lord. I praised the Lord, the God of my mas- 25was named Keturah. 2She gave birth ter Abraham. I thanked him for leading me to Zimran, Jokshan, Medan, Midian, Ishbak, straight to the granddaughter of my master’s and Shuah. 3Jokshan was the father of Sheba brother. 49Now, tell me, will you be kind and and Dedan. The people of Asshur,b Leum, and loyal to my master and give him your daugh- Letush were descendants of Dedan. 4The sons ter? Or will you refuse to give her to him? Tell of Midian were Ephah, Epher, Hanoch, Abida, me so that I will know what I should do.” and Eldaah. All these sons came from the 50Then Laban and Bethuel answered, “We marriage of Abraham and Keturah. 5-6Before see that this is from the Lord, so there is Abraham died, he gave some gifts to his sons nothing we can say to change it. 51Here is who were from his slave women.* He sent Rebekah. Take her and go. Let her marry your them to the East,c away from Isaac. Then master’s son. This is what the Lord wants.” Abraham gave everything he owned to Isaac. 52When Abraham’s servant heard this, he 7Abraham lived to be 175 years old. 8Then bowed to the ground before the Lord. 53Then a 24:63 think Or “to go for a walk.” he gave Rebekah the gifts he brought. He b 25:3 Asshur Or “Assyria.” gave her beautiful clothes and gold and sil- c 25:5 East This usually means the area between the ver jewelry. He also gave expensive gifts to Tigris and Euphrates rivers as far east as the Persian her mother and brother. 54Then he and his Gulf. GENESIS 25:9 20 he grew weak and died. He had lived a long hunter, who loved to be out in the fields. But and satisfying life. He died and went to be Jacob was a quiet man, who stayed at home. with his people. 9His sons Isaac and Ishmael 28Isaac loved Esau. He liked to eat the animals buried him in the cave of Machpelah. This Esau killed. But Rebekah loved Jacob. cave is in the field of Ephron, the son of Zohar. 29One day Esau came back from hunting. It was east of Mamre. 10This is the same cave He was tired and weak from hunger. Jacob that Abraham bought from the Hittites. He was boiling a pot of beans. 30So Esau said to was buried there with his wife Sarah. 11After Jacob, “I am weak with hunger. Let me have Abraham died, God blessed Isaac. Isaac was some of that red soup.” (That is why people living at Beer Lahai Roi. call him “Red.”d) 12This is the list of Ishmael’s family. Ish- 31But Jacob said, “You must sell me your mael was Abraham and Hagar’s son. (Hagar rights as the firstborn son.e” was Sarah’s Egyptian maid.) 13These are the 32Esau said, “I am almost dead with hunger, names of Ishmael’s sons: The first son was so what good are these rights to me now?” Nebaioth; then Kedar was born, then Adbeel, 33But Jacob said, “First, promise me that Mibsam, 14Mishma, Dumah, Massa, 15Hadad, you will give them to me.” So Esau made an Tema, Jetur, Naphish, and Kedemah. 16These oath* to him and sold his rights as the first- were the names of Ishmael’s sons. Each son born son to Jacob. 34Then Jacob gave Esau had his own camp that became a small town. bread and lentilf soup. Esau ate the food, had The twelve sons were leaders over their own something to drink, and then left. So Esau people. 17Ishmael lived to be 137 years old. showed that he did not care about his rights Then he died and went to be with his people. as the firstborn son. 18His descendants camped throughout the desert area from Havilah to Shur, near Egypt, Isaac Lies to Abimelech all the way to Assyria. And they often attacked 1Now there was a famine.* This was his brothers’ people.a 26like the famine that happened during Abraham’s life. So Isaac went to the town of Isaac’s Family Gerar, to King Abimelech of the Philistines. 19This is the story of Isaac. Abraham had a 2The Lord spoke to Isaac and said, “Don’t go son named Isaac. 20When Isaac was 40 years down to Egypt. Live in the land that I com- old, he married Rebekah. Rebekah was from manded you to live in. 3Stay in this land, and Paddan Aram. She was Bethuel’s daughter I will be with you. I will bless you. I will give and the sister of Laban the Aramean. 21Isaac’s you and your family all these lands. I will do wife could not have children. So Isaac prayed what I promised to Abraham your father. 4I to the Lord for her. The Lord heard Isaac’s will make your family as many as the stars prayer, and he allowed Rebekah to become of heaven, and I will give all these lands to pregnant. your family. Through your descendantsg 22While Rebekah was pregnant, the babies every nation on earth will be blessed. 5I will inside her struggled with one another. She do this because your father Abraham obeyed prayed to the Lord and said, “What is hap- my words and did what I said. He obeyed my pening to me?” 23The Lord said to her, commands, my laws, and my rules.” 6So Isaac settled in Gerar. 7His wife Rebekah “The leaders of two nations was very beautiful. The men of that place are in your body. asked Isaac about Rebekah. He said, “She is Two nations will come from you, my sister.” He was afraid to tell them Rebekah and they will be divided. was his wife. He was afraid the men would One of them will be stronger, kill him so that they could have her. and the older will serve the younger.” 8After Isaac had lived there a long time, Abimelech looked out of his window and 24When the right time came, Rebekah gave saw Isaac and his wife enjoying one another. birth to twins. 25The first baby was red. His 9Abimelech called for Isaac and said, “This skin was like a hairy robe. So he was named woman is your wife. Why did you tell us that Esau.b 26When the second baby was born, she was your sister?” he was holding tightly to Esau’s heel. So that Isaac said to him, “I was afraid that you baby was named Jacob.c Isaac was 60 years would kill me so that you could have her.” old when Jacob and Esau were born. 10Abimelech said, “You have done a bad 27The boys grew up. Esau became a skilled thing to us. One of our men might have had a 25:18 attacked his brothers’ people See Gen. d 25:30 Red Literally, “Edom,” a name that means 16:12. This could also mean “He fell (settled) along- “red.” side all his brothers.” e 25:31 rights as the firstborn son Usually, after the b 25:25 Esau This name is like the word meaning father died, the firstborn son got half of the father’s “hairy.” property and became the new head of the family. c 25:26 Jacob This name is like the Hebrew word Also in verse 34. meaning “heel.” It also means “the one who follows” f 25:34 lentil A type of bean. or “tricky.” g 26:4 descendants Or “Descendant.” See Gal. 3:16. 21 GENESIS 27:15 sex with your wife. Then he would be guilty 28They answered, “Now we know that the of a great sin.” Lord is with you. We think that we should 11So Abimelech gave a warning to all the make an agreement. We want you to make a people. He said, “No one must hurt this man promise to us. 29We did not hurt you; now you or this woman. If anyone hurts them, they should promise not to hurt us. We sent you will be killed.” away, but we sent you away in peace. Now it is clear that the Lord has blessed you.” Isaac Becomes Rich 30So Isaac gave a party for them. They all 12Isaac planted fields in that place, and that ate and drank. 31Early the next morning each year he gathered a great harvest. The Lord man made a promise and a vow.* Then the blessed him very much. 13Isaac became rich. men left in peace. He gathered more and more wealth until 32On that day Isaac’s servants came and he became a very rich man. 14He had many told him about the well they had dug. The flocks and herds of animals. He also had servants said, “We found water in that well.” many slaves. All the Philistines were jealous 33So Isaac named it Shibah.e And that city is of him. 15So they destroyed all the wells that still called Beersheba.f Isaac’s father Abraham and his servants had dug many years before. They filled them with Esau’s Wives sand. 16Abimelech said to Isaac, “Leave our 34When Esau was 40 years old, he mar- country. You have become much more power- ried two Hittite women. One was Judith the ful than we are.” daughter of Beeri. The other was Basemath 17So Isaac left that place and camped near the daughter of Elon. 35These marriages made the little river of Gerar. He stayed there and Isaac and Rebekah very unhappy. lived. 18Long before this time, Abraham had dug many wells. After he died, the Philis- Jacob Tricks Isaac tines filled the wells with sand. So Isaac went 1Isaac grew old, and his eyes became back and dug those wells again. He gave 27so weak that he could not see clearly. them the same names his father had given One day he called his older son Esau to him them. 19Isaac’s servants also dug a well near and said, “Son!” the little river and found fresh water.a 20But Esau answered, “Here I am.” the men who herded sheep in the Valley of 2Isaac said, “I am old. Maybe I will die Gerar argued with Isaac’s servants. They said, soon. 3So take your bow and arrows and go “This water is ours.” So Isaac named that well hunting. Kill an animal for me to eat. 4Prepare Esek.b He gave it that name because it was the food that I love. Bring it to me, and I will the place where they had argued with him. eat it. Then I will bless you before I die.” 5So 21Then Isaac’s servants dug another well. Esau went hunting. But there was an argument over this well too. Rebekah was listening when Isaac told this So Isaac named that well Sitnah.c to his son Esau. 6Rebekah said to her son 22Isaac moved from there and dug another Jacob, “Listen, I heard your father talking to well. No one came to argue about this well. your brother Esau. 7Your father said, ‘Kill an So Isaac named it Rehoboth.d He said, “Now animal for me to eat. Prepare the food for me, the Lord has found a place for us. We will and I will eat it. Then I will bless you before grow and be successful in this place.” I die.’ 8So listen, son, and do what I tell you. 23From there Isaac went to Beersheba. 9Go out to our goats and bring me two young 24The Lord spoke to him that night and said, ones. I will prepare them the way your father “I am the God of your father Abraham. Don’t loves them. 10Then you will carry the food to be afraid. I am with you, and I will bless you. your father, and he will bless you before he I will make your family great. I will do this dies.” because of my servant Abraham.” 25So Isaac 11But Jacob told his mother Rebekah, “My built an altar and worshiped the Lord in that brother Esau is a hairy man. I am not hairy place. He set up camp there, and his servants like him. 12If my father touches me, he will dug a well. know that I am not Esau. Then he will not 26Abimelech came from Gerar to see Isaac. bless me—he will curse* me because I tried He brought with him Ahuzzath, his advisor, to trick him.” and Phicol, the commander of his army. 13So Rebekah said to him, “I will accept the 27Isaac asked, “Why have you come to see blame if there is trouble. Do what I said. Go me? You were not friendly to me before. You get the goats for me.” even forced me to leave your country.” 14So Jacob went out and got two goats and brought them to his mother. His mother a 26:19 fresh water Or “an underground stream.” cooked the goats in the special way that Isaac Literally, “living water.” loved. 15Then Rebekah took the clothes that b 26:20 Esek This means “argument” or “fight.” c 26:21 Sitnah This means “hatred” or “being an e 26:33 Shibah A Hebrew word meaning “seven” or enemy.” “oath.” d 26:22 Rehoboth This means “open place” or f 26:33 Beersheba This name means “well of the “crossroads.” oath.” GENESIS 27:16 22 her older son Esau loved to wear. She put began to shake. He said, “Then who was it these clothes on the younger son Jacob. 16She that cooked and brought me food before you took the skins of the goats and put them on came? I ate it all, and I blessed him. Now it is Jacob’s hands and on his neck. 17Then she got too late to take back my blessing.” the food she had cooked and gave it to Jacob. 34When Esau heard his father’s words, he 18Jacob went to his father and said, became very angry and bitter. He cried out “Father.” and said to his father, “Then bless me also, His father answered, “Yes, son. Who are father!” you?” 35Isaac said, “Your brother tricked me! He 19Jacob said to his father, “I am Esau, your came and took your blessing!” first son. I have done what you told me. Now 36Esau said, “His name is Jacob.a That is sit up and eat the meat from the animals that I the right name for him. He has tricked me hunted for you. Then you can bless me.” twice. He took away my rights as the firstborn 20But Isaac said to his son, “How have you son.b And now he has taken away my bless- hunted and killed the animals so quickly?” ing.” Then Esau said, “Have you saved any Jacob answered, “Because the Lord your blessing for me?” God allowed me to find the animals quickly.” 37Isaac answered, “I have already given 21Then Isaac said to Jacob, “Come near to Jacob the power to rule over you. And I said me so that I can feel you, my son. If I can all his brothers would be his servants. I have feel you, I will know if you are really my son given him the blessing for much grain and Esau.” wine. There is nothing left to give you, my 22So Jacob went to Isaac his father. Isaac felt son.” him and said, “Your voice sounds like Jacob’s 38But Esau continued to beg his father. “Do voice, but your arms are hairy like the arms you have only one blessing, father? Bless me of Esau.” 23Isaac did not know it was Jacob, also, father!” Esau began to cry. because his arms were hairy like Esau’s. So 39Then Isaac said to him, Isaac blessed Jacob. 24Isaac said, “Are you really my son Esau?” “ You will not live on good land. Jacob answered, “Yes, I am.” You will not have much rain. 40 You will have to fight to live, The Blessing for Jacob and you will be a slave to your brother. 25Then Isaac said, “Bring me the food. I But when you fight to be free, will eat it and bless you.” So Jacob gave him you will break away from his control.” the food, and he ate it. Then Jacob gave him some wine, and he drank it. Jacob Leaves the Country 26Then Isaac said to him. “Son, come near 41After that Esau hated Jacob because of and kiss me.” 27So Jacob went to his father this blessing. Esau said to himself, “My father and kissed him. When Isaac smelled Esau’s will soon die, and after we are finished with clothes, he blessed him and said, that, I will kill Jacob.” 42Rebekah heard about Esau’s plan to kill “ My son smells like the fields the Lord has Jacob. She sent for Jacob and said to him, “Lis- blessed. ten, your brother Esau is planning to kill you. 28 May the Lord give you plenty of rain, 43So, son, do what I say. My brother Laban is good crops, and wine. living in Haran. Go to him and hide. 44Stay 29 May the nations serve you with him for a short time until your brother and many people bow down to you. stops being angry. 45When your brother for- You will rule over your brothers. gets what you did to him, I will send a servant Your mother’s sons will bow down to you to bring you back. I don’t want to lose both of and obey you. my sons the same day.” 46Then Rebekah said to Isaac, “Your son “ Whoever curses* you will be cursed. Esau married Hittite women. I am very upset Whoever blesses you will be blessed.” about this, because they are not our people. I’ll have nothing to live for if Jacob marries Esau’s “Blessing” one of these women!” 30Isaac finished blessing Jacob. Then, just 1Isaac called Jacob and blessed him. as Jacob left his father Isaac, Esau came in 28Then Isaac gave him a command from hunting. 31Esau prepared the food in the and said, “You must not marry a Canaanite special way his father loved. He brought it to woman. 2So leave this place and go to Pad- his father and said, “Father, I am your son. dan Aram. Go to the house of Bethuel, your Get up and eat the meat from the animals that a 27:36 I killed for you. Then you can bless me.” Jacob This name is like the Hebrew word 32 meaning “heel.” It also means “the one who follows” But Isaac said to him, “Who are you?” or “tricky.” He answered, “I am your son—your first b 27:36 rights as the firstborn son Usually, after the son—Esau.” father died, the firstborn son got half of the father’s 33Then Isaac became so upset that he property and became the new head of the family. 23 GENESIS 29:15 mother’s father. Laban, your mother’s brother, 20Then Jacob made a promise. He said, “If lives there. Marry one of his daughters. 3I God will be with me, and if he will protect pray that God All-Powerfula will bless you and me on this trip, and if he gives me food to eat give you many children. I pray that you will and clothes to wear, 21and if I return in peace become the father of a great nation 4and that to my father’s house—if he does all these God will bless you and your children the same things—then the Lord will be my God. 22I way he blessed Abraham. And I pray that you am setting this stone up as a memorial stone. will own the land where you live. This is the It will show that this is a holy* place for God, land God gave to Abraham.” and I will give God one-tenth of all he gives 5So Isaac sent Jacob to Rebekah’s brother me.” in Paddan Aram. Jacob went to Laban, son of Bethuel the Aramean. Laban was the brother Jacob Meets Rachel of Rebekah, the mother of Jacob and Esau. 1Then Jacob continued his trip. He 6Esau learned that his father Isaac blessed 29went to the country in the East. 2He Jacob and sent him away to Paddan Aram to looked and saw a well in the field. There find a wife there. He also learned that Isaac were three flocks of sheep lying near the well, commanded Jacob not to marry a Canaanite where the sheep drank water. There was a woman. 7Esau learned that Jacob obeyed his large rock covering the mouth of the well. father and his mother and went to Paddan 3When all the flocks were gathered there, the Aram. 8Esau saw from this that his father did shepherds would roll the rock away from the not want his sons to marry Canaanite women. well. Then all the sheep could drink from the 9Esau already had two wives, but he went to water. After the sheep were full, the shep- Abraham’s son Ishmael and married another herds would put the rock back in its place. woman, Mahalath, the daughter of Ishmael. 4Jacob said to the shepherds there, “Broth- Mahalath was Nebaioth’s sister. ers, where are you from?” They answered, “We are from Haran.” Jacob’s Dream at Bethel 5Then Jacob said, “Do you know Laban, the 10Jacob left Beersheba and went to Haran. son of Nahor?” 11The sun had already set when he came to a The shepherds answered, “We know him.” good place to spend the night. He took a rock 6Then Jacob said, “How is he?” there and laid his head on it to sleep. 12Jacob They answered, “He is well. Look, that is had a dream. He dreamed there was a ladder his daughter Rachel coming now with his that was on the ground and reached up into sheep.” heaven. He saw the angels of God going up 7Jacob said, “Look, it is still day and long and down the ladder. 13And then Jacob saw before the sun sets. It is not yet time for the the Lord standing by the ladder. He said, “I animals to be gathered together for the night. am the Lord, the God of your grandfather So give them water and let them go back into Abraham. I am the God of Isaac. I will give the field.” you the land that you are lying on now. I will 8But they said, “We cannot do that until give this land to you and to your children. all the flocks are gathered together. Then we 14You will have as many descendants as there will move the rock from the well, and all the are particles of dust on the earth. They will sheep will drink.” spread east and west, north and south. All the 9While Jacob was talking with the shep- families on earth will be blessed because of herds, Rachel came with her father’s sheep. you and your descendants. (It was her job to take care of the sheep.) 15“I am with you, and I will protect you 10Rachel was Laban’s daughter. Laban was the everywhere you go. I will bring you back to brother of Rebekah, Jacob’s mother. When this land. I will not leave you until I have Jacob saw Rachel, he went and moved the done what I have promised.” rock and gave water to the sheep. 11Then 16Then Jacob woke up and said, “I know Jacob kissed Rachel and cried. 12He told her that the Lord is in this place, but I did not that he was from her father’s family. He told know he was here until I slept.” her that he was the son of Rebekah. So Rachel 17Jacob was afraid and said, “This is a very ran home and told her father. great place. This is the house of God. This is 13When Laban heard the news about his the gate to heaven.” sister’s son Jacob, he ran to meet him. Laban 18Jacob got up very early in the morning. hugged him and kissed him and brought him He took the rock he had slept on and set it up to his house. Jacob told Laban everything that on its edge. Then he poured oil on the rock. had happened. In this way he made it a memorial to God. 14Then Laban said, “This is wonderful! You 19The name of that place was Luz, but Jacob are from my own family.” So Jacob stayed named it Bethel.b with Laban for a month. a 28:3 God All-Powerful Literally, “El Shaddai.” Laban Tricks Jacob b 28:19 Bethel A town in Israel. This name means 15One day Laban said to Jacob, “You are “God’s house.” a relative of mine. It is not right for you to GENESIS 29:16 24 continue working for me without pay. What said, “Now, surely my husband will love me. should I pay you?” I have given him three sons.” 16Now Laban had two daughters. The older 35Then Leah gave birth to another son. was Leah and the younger was Rachel. She named this son Judah.e Leah named him 17Leah’s eyes were gentle,a but Rachel was this because she said, “Now I will praise the beautiful. 18Jacob loved Rachel, so he said Lord.” Then Leah stopped having children. to Laban, “I will work seven years for you 1Rachel saw that she was not giving if you will allow me to marry your daughter 30Jacob any children. She became jeal- Rachel.” ous of her sister Leah. So Rachel said to Jacob, 19Laban said, “It would be better for her to “Give me children, or I will die!” marry you than someone else. So stay with 2Jacob became angry with Rachel and said, me.” “I am not God. He is the one who has caused 20So Jacob stayed and worked for Laban for you to not have children.” seven years. But it seemed like a very short 3Then Rachel said, “You can have my maid time because he loved Rachel very much. Bilhah. Sleep with her, and she will have a 21After seven years Jacob said to Laban, child for me.f Then I can be a mother through “Give me Rachel so that I can marry her. My her.” time of work for you is finished.” 4So Rachel gave Bilhah to her husband 22So Laban gave a party for all the people Jacob. He had sexual relations with Bilhah. in that place. 23That night Laban brought his 5She became pregnant and gave birth to a son daughter Leah to Jacob. Jacob and Leah had for Jacob. sexual relations together. 24(Laban gave his 6Rachel said, “God has listened to my maid Zilpah to his daughter to be her maid.) prayer. He decided to give me a son.” So she 25In the morning Jacob saw that it was Leah named this son Dan.g he had slept with, and he said to Laban, “You 7Bilhah became pregnant again and gave have tricked me. I worked hard for you so that Jacob a second son. 8Rachel said, “I have I could marry Rachel. Why did you trick me?” fought hard to compete with my sister, and I 26Laban said, “In our country we don’t have won.” So she named that son Naphtali.h allow the younger daughter to marry before 9Leah saw that she could have no more the older daughter. 27Continue for the full children. So she gave her slave girl Zilpah to week of the marriage ceremony, and I will Jacob. 10Then Zilpah had a son. 11Leah said, also give you Rachel to marry. But you must “I am lucky.” So she named the son Gad.i serve me another seven years.” 12Zilpah gave birth to another son. 13Leah 28So Jacob did this and finished the week. said, “I am very happy! Now women will call Then Laban gave him his daughter Rachel as me happy.” So she named that son Asher. j a wife. 29(Laban gave his maid Bilhah to his 14During the wheat harvest Reuben daughter Rachel to be her maid.) 30So Jacob went into the fields and found some special had sexual relations with Rachel also. And flowers.k He brought them to his mother Jacob loved Rachel more than Leah. Jacob Leah. But Rachel said to Leah, “Please give worked for Laban for another seven years. me some of your son’s flowers.” 15Leah answered, “You have already taken Jacob’s Family Grows away my husband. Now you are trying to take 31The Lord saw that Jacob loved Rachel away my son’s flowers.” more than Leah, so he made it possible for But Rachel answered, “If you will give me Leah to have children. But Rachel did not your son’s flowers, you can sleep with Jacob have any children. tonight.” 32Leah gave birth to a son, and she named 16Jacob came in from the fields that night. him Reuben.b She named him this because Leah saw him and went out to meet him. She she said, “The Lord has seen my troubles. My said, “You will sleep with me tonight. I have husband does not love me. So now maybe my husband will love me.” 33Leah became pregnant again and had e 29:35 Judah This name is like the word meaning another son. She named this son Simeon.c “He is praised.” Lord f 30:3 she will have a child for me Literally, “she will She said, “The has heard that I am not give birth on my knees, and I, too, will have a son loved, so he gave me this son.” through her.” 34Leah became pregnant again and had g 30:6 Dan This is like the Hebrew word meaning “to another son. She named this son Levi.d She decide” or “to judge.” h 30:8 Naphtali This is like the Hebrew word mean- a 29:17 Leah’s eyes were gentle This might be a ing “my struggle.” polite way of saying Leah was not very pretty. i 30:11 Gad This is like the Hebrew word meaning b 29:32 Reuben This is like the Hebrew word mean- “lucky” or “fortunate.” ing “Look, a son.” j 30:13 Asher This is like the Hebrew word meaning c 29:33 Simeon This is like the Hebrew word mean- “blessed” or “happy.” ing “He hears.” k 30:14 special flowers Or “mandrakes.” The Hebrew d 29:34 Levi This is like the Hebrew word meaning word means “love plant.” People thought these “accompany,” “be joined together,” or “become close.” plants could help women have babies. 25 GENESIS 31:11 paid for you with my son’s flowers.” So Jacob his sons to watch these sheep. 36So the sons slept with Leah that night. took all the spotted animals and led them to 17Then God allowed Leah to become preg- another place. They traveled for three days. nant again. She gave birth to a fifth son. 18She Jacob stayed and took care of all the animals said, “God has given me a reward because I that were left. gave my slave to my husband.” So she named 37Then Jacob cut green branches from pop- her son Issachar.a lar and almond trees. He stripped off some 19Leah became pregnant again and gave of the bark so that the branches had white birth to a sixth son. 20She said, “God has stripes on them. 38He put the branches in given me a fine gift. Now surely Jacob will front of the flocks at the watering places. accept me, because I have given him six When the animals came to drink, they also sons.” So she named this son Zebulun.b mated in that place. 39Then when the goats 21Later, Leah gave birth to a daughter. She mated in front of the branches, the young that named her Dinah. were born were spotted, striped, or black. 22Then God heard Rachel’s prayer and made 40Jacob separated the spotted and the black it possible for Rachel to have children. 23She animals from the other animals in the flock. became pregnant and gave birth to a son. He kept his animals separate from Laban’s. She said, “God has taken away my shame.” 41Any time the stronger animals in the flock 24Rachel named the son Joseph,c saying, were mating, Jacob put the branches before “May the Lord give me another son.” their eyes. The animals mated near those branches. 42But when the weaker animals Jacob Tricks Laban mated, Jacob did not put the branches there. 25After the birth of Joseph, Jacob said So the young animals born from the weak to Laban, “Now let me go back to my own animals were Laban’s. And the young animals homeland. 26Give me my wives and my chil- born from the stronger animals were Jacob’s. dren. I have earned them by working for you. 43In this way Jacob became very rich. He You know that I served you well.” had large flocks, many servants, camels, and 27Laban said to him, “Please, let me say donkeys. something. I knowd that the Lord has blessed me because of you. 28Tell me what I should Time to Leave—Jacob Runs Away pay you, and I will give it to you.” 1One day Jacob heard Laban’s sons 29Jacob answered, “You know that I have 31 talking. They said, “Jacob has taken worked hard for you. Your flocks have grown everything that our father owned. He has and been well while I cared for them. 30When become rich—and he has taken all this I came, you had little. Now you have much, wealth from our father.” 2Then Jacob noticed much more. Every time I did something for that Laban was not as friendly as he had been you, the Lord blessed you. Now it is time for in the past. 3The Lord said to Jacob, “Go back me to work for myself—it is time to do things to your own land where your ancestors* lived. for my family.” I will be with you.” 31Laban asked, “Then what should I give 4So Jacob told Rachel and Leah to meet you?” him in the field where he kept his flocks of Jacob answered, “I don’t want you to give sheep and goats. 5He said to them, “I have me anything! I only want you to let me do seen that your father is angry with me. He this one thing: I will go back and take care of was always friendly with me in the past, but your sheep. 32But let me go through all your now he is not. 6You both know that I have flocks today and take every lamb with spots worked as hard as I could for your father. 7But or stripes. Let me take every black young goat he cheated me. He has changed my pay ten and every female goat with stripes or spots. times. But during all this time, God protected That will be my pay. 33In the future you can me from all of Laban’s tricks. easily see if I am honest. You can come to 8“At one time Laban said, ‘You can keep all look at my flocks. If I have any goat that isn’t the goats with spots. This will be your pay.’ spotted or any sheep that isn’t black, you will After he said this, all the animals gave birth to know that I stole it.” spotted goats, so they were all mine. But then 34Laban answered, “I agree to that. We will Laban said, ‘I will keep the spotted goats. You do what you ask.” 35But that day Laban hid can have all the striped goats. That will be all the male goats that had spots. And he hid your pay.’ After he said this, all the animals all the female goats that had spots on them. gave birth to striped goats. 9So God has taken He also hid all the black sheep. Laban told the animals away from your father and has given them to me. a 30:18 Issachar This is like the Hebrew word mean- 10“I had a dream during the time when the ing “reward” or “salary.” animals were mating. I saw that the only male b 30:20 Zebulun This is like the Hebrew word mean- ing “praise” or “honor.” goats that were mating were the ones with 11 c 30:23-24 Joseph This is like the Hebrew word stripes and spots. The angel of God spoke to meaning “to add.” me in that dream. The angel said, ‘Jacob!’ d 30:27 know Or “guessed,” “divined,” or “concluded.” “I answered, ‘Yes!’ GENESIS 31:12 26 12“The angel said, ‘Look, only the striped not steal your gods. If you find anyone here and spotted goats are mating. I am causing with me who has taken your gods, they will this to happen. I have seen all the wrong be killed. Your men will be my witnesses. You things Laban has been doing to you. I am can look for anything that belongs to you. doing this so that you can have all the new Take anything that is yours.” (Jacob did not baby goats. 13I am the God who came to you know that Rachel had stolen Laban’s gods.) at Bethel, and there you made an altar, poured 33So Laban went and looked through Jacob’s olive oil on it, and made a promise to me. camp. He looked in Jacob’s tent and then in Now I want you to be ready to go back to the Leah’s tent. Then he looked in the tent where country where you were born.’” the two slave women stayed, but he did not 14Rachel and Leah answered Jacob, “Our find the gods from his house. Then he went father has nothing to give us when he dies. into Rachel’s tent. 34Rachel had hidden the 15He treated us like strangers. He sold us to gods inside her camel’s saddle, and she was you, and then he spent all the money that sitting on them. Laban looked through the should have been ours. 16God took all this whole tent, but he did not find the gods. wealth from our father, and now it belongs to 35And Rachel said to her father, “Father, us and our children. So you should do what- don’t be angry with me. I am not able to ever God told you to do.” stand up before you. I am having my monthly 17So Jacob prepared for the trip. He put his time of bleeding.” So Laban looked through children and his wives on camels. 18Then they the camp, but he did not find the gods from began traveling back to the land of Canaan,* his house. where his father lived. All the flocks of ani- 36Then Jacob became very angry and said, mals that Jacob owned walked ahead of them. “What wrong have I done? What law have I He carried everything with him that he had broken? What right do you have to chase me gotten while he lived in Paddan Aram. and stop me? 37You looked through every- 19While Laban was gone to cut the wool thing I own and found nothing that belongs from his sheep, Rachel went into his house to you. If you found something, show it to and stole the false gods that belonged to her me. Put it here where our men can see it. father. Let our men decide which one of us is right. 20Jacob tricked Laban the Aramean. He did 38I have worked 20 years for you. During all not tell Laban he was leaving. 21Jacob took that time none of the baby sheep and goats his family and everything he owned and left died during birth. And I have not eaten any quickly. They crossed the Euphrates River and of the rams from your flocks. 39Any time a traveled toward the hill country of Gilead. sheep was killed by wild animals, I always 22Three days later Laban learned that paid for the loss myself. I did not take the Jacob had run away. 23So he gathered his dead animal to you and say that it was not my men together and began to chase Jacob. After fault. But I was robbed day and night. 40In the seven days Laban found Jacob near the hill daytime the sun took away my strength, and country of Gilead. 24That night God came to at night sleep was taken from my eyes by the Laban in a dream and said, “Be careful! Be cold. 41I worked 20 years like a slave for you. careful of every word you say to Jacob.” For the first 14 years I worked to win your two daughters. The last six years I worked to The Search for the Stolen Gods earn your animals. And during that time you 25The next morning Laban caught up with changed my pay ten times. 42But the God of Jacob. Jacob had set up his camp on the my ancestors,* the God of Abraham and the mountain, so Laban and all his men set up Fear of Isaac,a was with me. If God had not their camp in the hill country of Gilead. been with me, you would have sent me away 26Laban said to Jacob, “Why did you trick with nothing. But he saw the trouble that I me? Why did you take my daughters like had and the work that I did, and last night they were women you captured during war? God proved that I am right.” 27Why did you run away without telling me? If you had told me, I would have given you Jacob and Laban’s Treaty a party. There would have been singing and 43Laban said to Jacob, “These women are dancing with music. 28You didn’t even let my daughters. These children belong to me, me kiss my grandchildren and my daughters and these animals are mine. Everything you goodbye. You were very foolish to do this! 29I see here belongs to me, but I can do nothing have the power to really hurt you. But last to keep my daughters and their children. 44So night the God of your father came to me in I am ready to make an agreement with you. a dream. He warned me not to hurt you in We will set up a pile of stones to show that we any way. 30I know that you want to go back to have an agreement.” your home. That is why you left. But why did 45So Jacob found a large rock and put it you steal the gods from my house?” there to show that he had made an agreement. 31Jacob answered, “I left without telling 46He told his men to find some more rocks you, because I was afraid. I thought you would take your daughters away from me. 32But I did a 31:42 Fear of Isaac A name for God. 27 GENESIS 32:28 and to make a pile of rocks. Then they ate 9Then Jacob said, “God of my father Abra- beside the pile of rocks. 47Laban named that ham! God of my father Isaac! Lord, you told place Yegar Sahadutha.a But Jacob named that me to come back to my country and to my place Galeed.b family. You said that you would do good to 48Laban said to Jacob, “This pile of rocks me. 10You have been very kind to me. You did will help us both remember our agreement.” many good things for me. The first time I trav- That is why Jacob called the place Galeed. eled across the Jordan River, I owned noth- 49Then Laban said, “Let the Lord watch over ing—only my walking stick. But now I own us while we are separated from each other.” enough things to have two full groups. 11I ask So that place was also named Mizpah.c you to please save me from my brother Esau. 50Then Laban said, “If you hurt my daugh- I am afraid that he will come and kill us all, ters, remember that God will punish you. If even the mothers with the children. 12Lord, you marry other women, remember that God you said to me, ‘I will be good to you. I will is watching. 51Here are the rocks that I have increase your family and make your children put between us, and here is the special rock as many as the sands of the sea. There will be to show that we made an agreement. 52This too many to count.’” pile of rocks and this one special rock both 13Jacob stayed in that place for the night. help us to remember our agreement. I will He prepared some things to give to Esau as a never go past these rocks to fight against you, gift. 14He took 200 female goats and 20 male and you must never go on my side of these goats, 200 female sheep and 20 male sheep. rocks to fight against me. 53May the God of 15He took 30 camels and their colts, 40 cows Abraham, the God of Nahor, and the God of and 10 bulls, 20 female donkeys and 10 male their ancestors* judge us guilty if we break donkeys. 16He gave each flock of animals to this agreement.” his servants. Then he said to them, “Sepa- Jacob’s father, Isaac, called God “Fear.” So rate each group of animals. Go ahead of me Jacob used that name to make the promise. and keep some space between each herd.” 54Then Jacob killed an animal and offered it as 17Jacob gave them their orders. To the ser- a sacrifice* on the mountain. And he invited vant with the first group of animals he said, his men to come and share a meal. After they “When Esau my brother comes to you and finished eating, they spent the night on the asks you, ‘Whose animals are these? Where mountain. 55Early the next morning Laban are you going? Whose servant are you?’ 18then kissed his grandchildren and his daughters you should answer, ‘These animals belong to goodbye. He blessed them and went back your servant Jacob. He sent them as a gift to home. you, my master Esau. And he also is coming behind us.’” Jacob Prepares to Meet Esau 19Jacob also ordered the second servant, 1Jacob also left that place. While he was the third servant, and all the other servants 32traveling, he saw God’s angels. 2When to do the same thing. He said, “You will say he saw them, he said, “This is God’s camp!” the same thing to Esau when you meet him. So Jacob named that place Mahanaim.d 20You will say, ‘This is a gift to you, and your 3Jacob’s brother Esau was living in the area servant Jacob is behind us.’” called Seir in the hill country of Edom.* Jacob Jacob thought, “If I send these men ahead sent messengers to Esau. 4He told them, “Tell with gifts, maybe Esau will forgive me and this to my master Esau: ‘Your servant Jacob accept me.” 21So Jacob sent the gifts to Esau, says, I have lived with Laban all these years. but he stayed that night in the camp. 5I have many cattle, donkeys, flocks, and ser- 22During the night, Jacob got up and began vants. Sir, I am sending you this message to moving his two wives, his two maids, and his ask you to accept us.’” eleven sons across the Jabbok River at the 6The messengers came back to Jacob and crossing. 23After he sent his family across the said, “We went to your brother Esau. He is river, he sent across everything he had. coming to meet you. He has 400 men with him.” The Fight With God 7Jacob was very frightened and worried. He 24Jacob was left alone, and a man came and divided the people who were with him and all wrestled with him. The man fought with him the flocks, herds, and camels into two groups. until the sun came up. 25When the man saw 8Jacob thought, “If Esau comes and destroys that he could not defeat Jacob, he touched one group, the other group can run away and Jacob’s leg and put it out of joint. be saved.” 26Then the man said to Jacob, “Let me go. The sun is coming up.” But Jacob said, “I will not let you go. You a 31:47 Yegar Sahadutha Aramaic words meaning must bless me.” “rock pile of the agreement.” 27 b 31:47 Galeed Another name for Gilead. This And the man said to him, “What is your Hebrew name means “rock pile of the agreement.” name?” c 31:49 Mizpah This means “a place to watch from.” And Jacob said, “My name is Jacob.” d 32:2 Mahanaim This name means “two camps.” 28Then the man said, “Your name will not GENESIS 32:29 28 be Jacob. Your name will now be Israel.a I give 12Then Esau said, “Now you can continue you this name because you have fought with your journey. I will go with you.” God and with men, and you have won.” 13But Jacob said to him, “You know that 29Then Jacob asked him, “Please tell me my children are weak. And I must be careful your name.” with my flocks and their young animals. If I But the man said, “Why do you ask my force them to walk too far in one day, all the name?” Then the man blessed Jacob at that animals will die. 14So you go on ahead. I will place. follow you slowly. I will go slowly enough for 30So Jacob named that place Peniel.b He the cattle and other animals to be safe and so said, “At this place, I saw God face to face, but that my children will not get too tired. I will my life was spared.” 31Then the sun came up meet you in Seir.” as Jacob left Peniel. He was limping because 15So Esau said, “Then I will leave some of of his leg. 32So even today, the people of Israel my men to help you.” don’t eat the muscle that is on the hip joint, But Jacob said, “That is very kind of you, because this is the muscle where Jacob was but there is no need to do that.” 16So that hurt. day Esau started on his trip back to Seir. 17But Jacob went to Succoth.c There he built a house Jacob Meets Esau for himself and small barns for his cattle. That 1Jacob looked and saw Esau coming is why the place was named Succoth. 33with 400 men. Jacob divided his fam- 18Jacob safely ended his trip from Paddan ily into four groups. Leah and her children Aram when he came to the town of Shechem were in one group, Rachel and Joseph were in Canaan.* He made his camp in a field in one group, and the two maids and their near the city. 19He bought the field where he children were in two groups. 2Jacob put the camped from the family of Hamor, father of maids with their children first. Then he put Shechem. He paid 100 pieces of silver for it. Leah and her children behind them, and he 20He built an altar there to honor God. He put Rachel and Joseph in the last place. named the place “El,d the God of Israel.” 3Jacob himself went out before them. While he was walking toward his brother Esau, he The Rape of Dinah bowed down to the ground seven times. 1One day, Dinah, the daughter of Leah 4When Esau saw Jacob, he ran to meet him. 34and Jacob, went out to see the women He put his arms around Jacob, hugged his of that place. 2She was seen by Shechem, the neck, and kissed him. Then they both cried. son of Hamor the Hivite, who ruled that area. 5Esau looked up and saw the women and chil- Shechem took Dinah and raped her. 3But he dren. He said, “Who are all these people with was so attracted to her that he fell in love and you?” began expressing his feelings to her. 4He told Jacob answered, “These are the children his father, “Please get this girl for me so that that God gave me. God has been good to I can marry her.” me.” 5Jacob learned that Shechem had done this 6Then the two maids and the children with very bad thing to his daughter. But all his sons them went to Esau. They bowed down before were out in the fields with the cattle. So he him. 7Then Leah and the children with her did nothing until they came home. 6Then went to Esau and bowed down. And then Shechem’s father, Hamor, came out to talk Rachel and Joseph went to him and bowed with Jacob. down. 7In the fields Jacob’s sons heard the news 8Esau said, “Who were all those people I about what had happened. They were very saw while I was coming here? And what were angry because Shechem had brought shame all those animals for?” to Israel by raping Jacob’s daughter. They Jacob answered, “These are my gifts to you came in from the fields as soon as they heard so that you might accept me.” about the terrible thing Shechem had done. 9But Esau said, “You don’t have to give me 8But Hamor talked to Dinah’s brothers and gifts, brother. I have enough for myself.” said, “My son Shechem wants Dinah very 10Jacob said, “No, I beg you! If you really much. Please let him marry her. 9This mar- accept me, please accept the gifts I give you. riage will show we have a special agreement. I am very happy to see your face again. It is Then our men can marry your women, and like seeing the face of God. I am very happy your men can marry our women. 10You can to see that you accept me. 11So I beg you to live in the same land with us. You will be free also accept the gifts I give you. God has been to own the land and to trade here.” very good to me. I have more than I need.” 11Shechem also talked to Jacob and to Because Jacob begged Esau to take the gifts, Dinah’s brothers and said, “Please accept me. he accepted them. I will do anything you ask me to do. 12I will a 32:28 Israel This name might mean “he fights for c 33:17 Succoth A town east of the Jordan River. This God,” “he fights with God,” or “God fights.” name means “temporary shelters.” b 32:30 Peniel A name that means “the face of God.” d 33:20 El A Hebrew name for God. 29 GENESIS 35:15 give you any gifta you want if you will only these people treat our sister like a prostitute? allow me to marry Dinah. I will give you any- They were wrong to do that to our sister!” thing you ask, but let me marry her.” 13Jacob’s sons decided to lie to Shechem Jacob in Bethel and his father because Shechem had done 1God said to Jacob, “Go to the town of such a bad thing to their sister Dinah. 14The 35Bethel.b That is where I appeared to brothers said to them, “We cannot allow our you when you were running away from your sister to marry you because you are not yet brother Esau. Live there and make an altar* circumcised.* That would bring us shame. to honor me as El,c the God who appeared 15But we will allow you to marry her if you do to you.” this one thing: Every man in your town must 2So Jacob told his family and all the other be circumcised like us. 16Then your men can people with him, “Destroy all these foreign marry our women, and our men can marry gods that you have. Make yourselves pure. your women. Then we will become one peo- Put on clean clothes. 3We will leave here and ple. 17If you refuse to be circumcised, we will go to Bethel. There I will build an altar to the take Dinah away.” God who has always helped me during times 18This agreement made Hamor and of trouble. He has been with me wherever I Shechem very happy. 19Shechem was very have gone.” happy to do what Dinah’s brothers asked. 4So the people gave Jacob all the foreign Shechem was the most honored man in gods they had, and they gave him all the rings his family. 20Hamor and Shechem went to they were wearing in their ears. He buried the meeting place of their city. They spoke to everything under an oak tree near the town the men of the city and said, 21“These people called Shechem. want to be friends with us. We want to let 5Then Jacob and his sons left that place. them live in our land and be at peace with us. The people in the surrounding cities wanted We have enough land for all of us. We are free to follow and kill them, but God filled them to marry their women, and we are happy to with such great fear that they did not go after give them our women to marry. 22But there them. 6So Jacob and his people went to Luz, is one thing that all our men must agree to which is now called Bethel. It is in the land do. All our men must agree to be circumcised of Canaan.* 7Jacob built an altar there. He like they are. 23If we do this, we will become named the place “El Bethel.”d Jacob chose rich from all their cattle and other animals. this name because that is the place where We should make this agreement with them God first appeared to him when he was run- so that they will stay here with us.” 24All the ning from his brother. men who heard this in the meeting place 8Deborah, Rebekah’s nurse, died there. agreed with Hamor and Shechem. And every They buried her under the oak tree at Bethel. man was circumcised at that time. They named that place Allon Bacuth.e 25Three days later the men who were cir- cumcised were still sore. Two of Jacob’s sons, Jacob’s New Name Simeon and Levi, knew that the men would 9When Jacob came back from Paddan Aram, be weak at this time. So they went to the city God appeared to him again. God blessed Jacob and killed all the men there. 26Dinah’s broth- 10and said to him, “Your name is Jacob, but I ers, Simeon and Levi, killed Hamor and his will change that name. You will no longer be son Shechem. Then they took Dinah out of called Jacob. Your new name will be Israel.f” Shechem’s house and left. 27Jacob’s sons went So God named him Israel. to the city and stole everything that was there 11God said to him, “I am God All-Powerful, g because of what Shechem had done to their and I give you this blessing: Have many chil- sister. 28So the brothers took all their animals, dren and grow into a great nation. Other all their donkeys, and everything else in the nations and other kings will come out of you. city and in the fields. 29The brothers took 12I gave Abraham and Isaac some special land. everything those people owned. They even Now I give the land to you and to all your took their wives and children. people who will live after you.” 13Then God 30But Jacob said to Simeon and Levi, “You left that place. 14-15Jacob set up a memorial have caused me a lot of trouble. All the people stone* there. He made the rock holy* by pour- in this place will hate me. All the Canaan- ing wine and oil on it. This was a special place ites and the Perizzites will turn against me. There are only a few of us. If the people in b 35:1 Bethel A town in Israel. This name means this place gather together to fight against us, “God’s house.” I will be destroyed. And all our people will be c 35:1 El A Hebrew name for God. destroyed with me.” d 35:7 El Bethel A name that means “the God of 31But the brothers said, “Should we let Bethel.” e 35:8 Allon Bacuth This name means “the oak tree of sadness.” f 35:10 Israel This name might mean “he fights for a 34:12 gift Or “dowry.” Here, the money a man paid God,” “he fights with God,” or “God fights.” for a wife. g 35:11 God All-Powerful Literally, “El Shaddai.” GENESIS 35:16 30 because God spoke to Jacob there, and Jacob Esau moved away from his brother Jacob. He named the place Bethel. took his wives, sons, daughters, all his slaves, cattle and other animals, and everything else Rachel Dies Giving Birth that he had gotten in Canaan and moved to 16Jacob and his group left Bethel. Before the hill country of Seir.d (Esau is also named they came to Ephrath, Rachel began giving Edom.) birth to her baby. 17She was having a lot of 9Esau is the father of the people of Edom.* trouble with this birth. She was in great pain. These are the names of Esau’s family living in When her nurse saw this, she said, “Don’t be the hill country of Seir: afraid, Rachel. You are giving birth to another 10Esau and Adah’s son was Eliphaz. Esau son.” and Basemath’s son was Reuel. 18Rachel died while giving birth to the son. 11Eliphaz had five sons: Teman, Omar, Before dying, she named the boy Benoni.a But Zepho, Gatam, and Kenaz. 12Eliphaz also had Jacob called him Benjamin.b a slave woman* named Timna. Timna and 19Rachel was buried on the road to Eph- Eliphaz had a son named Amalek. rath (that is, Bethlehem). 20Jacob put a spe- 13Reuel had four sons: Nahath, Zerah, cial rock on Rachel’s grave to honor her. That Shammah, and Mizzah. special rock is still there today. 21Then Israel* These were Esau’s grandsons from his wife continued his journey. He camped just south Basemath. of Eder tower.c 14Esau’s third wife was Oholibamah, the 22Israel stayed there for a short time. While daughter of Anah. (Anah was the son of he was there, Reuben slept with Israel’s slave Zibeon.) Esau and Oholibamah’s children woman* Bilhah, and Israel heard about it. were Jeush, Jalam, and Korah. 15These are the family groups that came The Family of Israel from Esau: Jacob had twelve sons. Esau’s first son was Eliphaz. From Eliphaz 23Jacob and Leah’s sons were his firstborn* came Teman, Omar, Zepho, Kenaz, 16Korah, son Reuben, Simeon, Levi, Judah, Issachar, Gatam, and Amalek. and Zebulun. All these family groups came from Esau’s 24Jacob and Rachel’s sons were Joseph and wife Adah. Benjamin. 17Esau’s son Reuel was the father of these 25Bilhah was Rachel’s maid. Jacob and Bil- families: Nahath, Zerah, Shammah, and hah’s sons were Dan and Naphtali. Mizzah. 26Zilpah was Leah’s maid. Jacob and Zil- All these families came from Esau’s wife pah’s sons were Gad and Asher. Basemath. These are Jacob’s sons who were born in 18Esau’s wife Oholibamah, daughter of Paddan Aram. Anah, gave birth to Jeush, Jalam, and Korah. 27Jacob went to his father Isaac at Mamre These three men were the leaders of their in Kiriath Arba (Hebron). This is where Abra- families. 19They were all sons of Esau and ham and Isaac had lived. 28Isaac lived 180 leaders of the family groups of Edom.e years. 29Then Isaac became weak and died 20Seir, a Horite man, lived in Edom before and went to be with his people. He had lived Esau. These are the sons of Seir: Lotan, Sho- a long and full life. His sons Esau and Jacob bal, Zibeon, Anah, 21Dishon, Ezer, and Dis- buried him. han. These sons were all Horite family leaders from Seir in Edom. Esau’s Family 22Lotan was the father of Hori and Heman.f 1This is the history of the family of (Timna was Lotan’s sister.) 36Esau (Edom). 2Esau married women 23Shobal was the father of Alvan, Mana- from the land of Canaan.* His wives were hath, Ebal, Shepho, and Onam. Adah, the daughter of Elon the Hittite, Oho- 24Zibeon had two sons, Aiah and Anah. libamah, the daughter of Anah, the son of Anah is the man who found the springs in Zibeon the Hivite, and 3Basemath, Ishmael’s the desert while he was caring for his father’s daughter, the sister of Nebaioth. 4Esau and donkeys. Adah had a son named Eliphaz. Basemath 25Anah was the father of Dishon and had a son named Reuel. 5Oholibamah had Oholibamah. three sons: Jeush, Jalam, and Korah. These 26Dishon had four sons. They were Hem- were Esau’s sons who were born in the land dan, Eshban, Ithran, and Keran. of Canaan. 27Ezer had three sons. They were Bilhan, 6-8Jacob and Esau’s families became too big Zaavan, and Akan. for the land in Canaan to support them all, so 28Dishan had two sons. They were Uz and Aran. a 35:18 Benoni This name means “son of my suffering.” d 36:6-8 Seir A mountain range in Edom. b 35:18 Benjamin This name means “right-hand” or e 36:19 Esau … Edom Two names for the man Esau “favorite son.” and the country Edom. c 35:21 Eder tower Or “Migdal Eder.” f 36:22 Heman Or “Homam.” 31 GENESIS 37:28 29These are the names of the leaders of the 8His brothers said, “Do you think this Horite families: Lotan, Shobal, Zibeon, Anah, means that you will be a king and rule over 30Dishon, Ezer, and Dishan. These men were us?” His brothers hated Joseph more now the leaders of the families that lived in the because of the dreams he had about them. country of Seir. 31At that time there were 9Then Joseph had another dream, and he kings in Edom. Edom had kings a long time told his brothers about it. He said, “I had before Israel did. another dream. I saw the sun, the moon, and 32Bela son of Beor was a king who ruled eleven stars bowing down to me.” in Edom. He ruled over the city of Dinhabah. 10Joseph also told his father about this 33When Bela died, Jobab became king. Jobab dream, but his father criticized him. His was the son of Zerah from Bozrah. 34When father said, “What kind of dream is this? Do Jobab died, Husham ruled. Husham was from you believe that your mother, your broth- the land of the Temanite. 35When Husham ers, and I will bow down to you?” 11Joseph’s died, Hadad ruled that area. Hadad was the brothers continued to be jealous of him, but son of Bedad. (He was the man who defeated his father thought about all these things and Midian in the country of Moab.) Hadad was wondered what they could mean. from the city of Avith. 36When Hadad died, 12One day Joseph’s brothers went to Samlah ruled that country. Samlah was from Shechem to care for their father’s sheep. Masrekah. 37When Samlah died, Shaul ruled 13Jacob said to Joseph, “Go to Shechem. Your that area. Shaul was from Rehoboth by the brothers are there with my sheep.” River. 38When Shaul died, Baal Hanan ruled Joseph answered, “I will go.” that country. Baal Hanan was the son of Acbor. 14His father said, “Go and see if your 39When Baal Hanan died, Hadada ruled that brothers are safe. Come back and tell me if country. Hadad was from the city of Pau. His my sheep are all fine.” So Joseph’s father sent wife’s name was Mehetabel, the daughter of him from the Valley of Hebron to Shechem. Matred. (Mezahab was Matred’s father.) 15At Shechem, Joseph got lost. A man 40-43Esau was the father of the Edomite found him wandering in the fields. The man families: Timna, Alvah, Jetheth, Oholibamah, said, “What are you looking for?” Elah, Pinon, Kenaz, Teman, Mibzar, Magdiel, 16Joseph answered, “I am looking for my and Iram. Each of these families lived in an brothers. Can you tell me where they are area that was called by the same name as with their sheep?” their family. 17The man said, “They have already gone away. I heard them say that they were going Joseph the Dreamer to Dothan.” So Joseph followed his brothers 1Jacob stayed and lived in the land of and found them in Dothan. 37Canaan.* This is the same land where his father had lived. 2This is the story of Joseph Sold Into Slavery Jacob’s family. 18Joseph’s brothers saw him coming from Joseph was a young man, 17 years old. His far away. They decided to make a plan to kill job was to take care of the sheep and the him. 19They said to each other, “Here comes goats. Joseph did this work with his broth- Joseph the dreamer. 20We should kill him now ers, the sons of Bilhah and Zilpah. (Bilhah and while we can. We could throw his body into Zilpah were his father’s wives.) Joseph told one of the empty wells and tell our father that his father about the bad things that his broth- a wild animal killed him. Then we will show ers did. 3Joseph was born at a time when his him that his dreams are useless.” father Israel* was very old, so Israel loved him 21But Reuben wanted to save Joseph. He more than he loved his other sons. Jacob gave said, “Let’s not kill him. 22We can put him him a special coat, which was long and very into a well without hurting him.” Reuben beautiful.b 4When Joseph’s brothers saw that planned to save Joseph and send him back to their father loved Joseph more than he loved his father. 23When Joseph came to his broth- them, they hated their brother because of ers, they attacked him and tore off his long this. They refused to say nice things to him. and beautiful coat. 24Then they threw him 5One time Joseph had a special dream. into an empty well that was dry. Later, he told his brothers about this dream, 25While Joseph was in the well, the broth- and after that his brothers hated him even ers sat down to eat. They looked up and saw more. a group of tradersc traveling from Gilead to 6Joseph said, “I had a dream. 7We were all Egypt. Their camels were carrying many dif- working in the field, tying stacks of wheat ferent spices and riches. 26So Judah said to together. Then my stack got up. It stood there his brothers, “What profit will we get if we while all of your stacks of wheat made a circle kill our brother and hide his death? 27We will around mine and bowed down to it.” profit more if we sell him to these traders. Then we will not be guilty of killing our own 28 a 36:39 Hadad Or “Hadar.” brother.” The other brothers agreed. When b 37:3 beautiful The Hebrew means “striped,” or pos- sibly, “many colored.” c 37:25 traders Literally, “Ishmaelites.” GENESIS 37:29 32 the Midianite traders came by, the brothers be killed like his brothers. So Tamar went took Joseph out of the well and sold him to back to her father’s home. the traders for 20 pieces of silver. The traders 12Later, Judah’s wife, the daughter of Shua, took him to Egypt. died. After Judah’s time of sadness, he went to 29Reuben had been gone, but when he Timnah with his friend Hirah from Adullam. came back to the well, he saw that Joseph was Judah went to Timnah to have the wool cut not there. He tore his clothes to show that he from his sheep. 13Tamar learned that Judah, was upset. 30Reuben went to the brothers and her father-in-law, was going to Timnah to cut said, “The boy is not in the well! What will I the wool from his sheep. 14Tamar always wore do?” 31The brothers killed a goat and put the clothes that showed that she was a widow. So goat’s blood on Joseph’s beautiful coat. 32Then she put on some different clothes and covered the brothers showed the coat to their father. her face with a veil. Then she sat down near And the brothers said, “We found this coat. Is the road going to Enaim, a town near Timnah. this Joseph’s coat?” Tamar knew that Judah’s younger son Shelah 33His father saw the coat and knew that was now grown up, but Judah would not it was Joseph’s. He said, “Yes, that is his! make plans for her to marry him. Maybe some wild animal has killed him. My 15Judah traveled on that road and saw her, son Joseph has been eaten by a wild animal!” but he thought that she was a prostitute. (Her 34Jacob was so sorry about his son that he face was covered with a veil like a prostitute.) tore his clothes. Then Jacob put on special 16So he went to her and said, “Let me have clothes to show that he was sad. He contin- sex with you.” (Judah did not know that she ued to be sad about his son for a long time. was Tamar, his daughter-in-law.) 35All of Jacob’s sons and daughters tried to She said, “How much will you give me?” comfort him, but Jacob was never comforted. 17Judah answered, “I will send you a young He said, “I will be sorry for my son until the goat from my flock.” day I die.”a So Jacob continued to be sad for She answered, “I agree to that. But first you his son Joseph. must give me something to keep until you 36The Midianite traders later sold Joseph in send me the goat.” Egypt. They sold him to Potiphar, the captain 18Judah asked, “What do you want me to of the Pharaoh’s guards. give you as proof that I will send you the goat?” Judah and Tamar Tamar answered, “Give me your seal and 1About that time, Judah left his broth- its stringc and your walking stick.” Judah 38ers and went to stay with a man named gave these things to her. Then Judah and Hirah from the town of Adullam. 2Judah met Tamar had sexual relations, and she became a Canaanite girl there and married her. The pregnant. 19Then Tamar went home, took off girl’s father was named Shua. 3The Canaan- her veil that covered her face, and again put ite girl gave birth to a son and named him on the special clothes that showed she was Er. 4Later, she gave birth to another son and a widow. named him Onan. 5Then she had another son 20Later, Judah sent his friend Hirah to named Shelah. Judah lived in Kezib when his Enaim to give the prostitute the goat he third son was born. promised. Judah also told Hirah to get the 6Judah chose a woman named Tamar to be special seal and the walking stick from her, the wife of his first son Er. 7But Er did many but Hirah could not find her. 21He asked some bad things. The Lord was not happy with of the men at the town of Enaim, “Where is him, so the Lord killed him. 8Then Judah said the prostitute who was here by the road?” to Er’s brother Onan, “Go and sleep with your The men answered, “There has never been dead brother’s wife.b Become like a husband a prostitute here.” to her. If children are born, they will belong 22So Judah’s friend went back to Judah and to your brother Er.” said, “I could not find the woman. The men 9Onan knew that the children from this who live in that place said that there was union would not belong to him. He had sex- never a prostitute there.” ual relations with Tamar, but he did not allow 23So Judah said, “Let her keep the things. himself to stay inside her. 10This made the I don’t want people to laugh at us. I tried to Lord angry. So he killed Onan also. 11Then give her the goat, but we could not find her. Judah said to his daughter-in-law Tamar, “Go That is enough.” back to your father’s house. Stay there and don’t marry until my young son Shelah grows Tamar Is Pregnant up.” Judah was afraid that Shelah would also 24About three months later, someone told Judah, “Your daughter-in-law Tamar sinned a 37:35 I will be sorry … die Literally, “I will go down like a prostitute, and now she is pregnant.” to my son in Sheol (the place of death) in sadness.” b 38:8 Go and sleep … wife In Israel if a man died c 38:18 seal … string People wrote a contract, without children, one of his brothers would take the folded it, tied it with string, put wax or clay on the widow. If a child was born, it would be considered string, and pressed the seal onto it to seal it. This the dead man’s child. was like signing the agreement. Also in verse 25. 33 GENESIS 40:8 Then Judah said, “Take her out and burn but he refused to sleep with her. 11One day her.” Joseph went into the house to do his work. 25The men went to Tamar to kill her, but He was the only man in the house at the time. she sent a message to her father-in-law that 12His master’s wife grabbed his coat and said said, “The man who made me pregnant is the to him, “Come to bed with me.” But Joseph man who owns these things. Look at them. ran out of the house so fast that he left his Whose are they? Whose special seal and coat in her hand. string is this? Whose walking stick is this?” 13The woman saw that Joseph had left 26Judah recognized these things and said, his coat in her hand and had run out of the “She is right. I was wrong. I did not give her house. 14She called to the men outside and my son Shelah like I promised.” And Judah said, “Look! This Hebrew slave was brought did not sleep with her again. here to make fun of us. He came in and tried 27The time came for Tamar to give birth. to attack me, but I screamed. 15My scream She was going to have twins. 28While she was scared him and he ran away, but he left his giving birth, one baby put his hand out. The coat with me.” 16Then she kept his coat until nurse tied a red string on the hand and said, her husband, Joseph’s master, came home. “This baby was born first.” 29But that baby 17She told her husband the same story. She pulled his hand back in, so the other baby said, “This Hebrew slave you brought here was born first. So the nurse said, “You were tried to attack me! 18But when he came near able to break out first!” So they named him me, I screamed. He ran away, but he left his Perez.a 30After this, the other baby was born. coat.” This was the baby with the red string on his 19Joseph’s master listened to what his wife hand. They named him Zerah.b said, and he became very angry. 20So Potiphar put Joseph into the prison where the king’s Joseph Is Sold to Potiphar in Egypt enemies were held, and that is where Joseph 1The tradersc who bought Joseph took remained. 39him down to Egypt. They sold him to the captain of Pharaoh’s guard, Potiphar. 2The Joseph in Prison Lord helped Joseph become a successful man. 21The Lord was with Joseph and continued Joseph lived in the house of his master, Poti- to show his kindness to him, so the com- phar the Egyptian. mander of the prison guards began to like 3Potiphar saw that the Lord was with Joseph Joseph. 22The commander of the guards put and that the Lord helped Joseph be success- Joseph in charge of all the prisoners. Joseph ful in everything he did. 4So Potiphar was was their leader, but he still did the same work very happy with Joseph. He allowed Joseph to they did. 23The commander of the guards work for him and to help him rule the house. trusted Joseph with everything that was in the Joseph was the ruler over everything Potiphar prison. This happened because the Lord was owned. 5After Joseph was made the ruler over with Joseph. He helped Joseph be successful the house, the Lord blessed the house and in everything he did. everything that Potiphar owned. The Lord also blessed everything that grew in Potiphar’s Joseph Explains Two Dreams fields. The Lord did this because of Joseph. 1Later, two of Pharaoh’s servants did 6So Potiphar allowed Joseph to take respon- 40something wrong to Pharaoh. These sibility for everything in the house. Potiphar servants were the baker and the man who didn’t have to worry about anything except served wine to Pharaoh. 2Pharaoh became deciding what to eat. angry with his baker and wine server, 3so he put them in the same prison as Joseph. Poti- Joseph Refuses Potiphar’s Wife phar, the commander of Pharaoh’s guards, Joseph was a very handsome, good-looking was in charge of this prison. 4The commander man. 7After some time, the wife of Joseph’s put the two prisoners under Joseph’s care. master began to pay special attention to him. The two men continued to stay in prison for One day she said to him, “Sleep with me.” some time. 5One night both of the prisoners 8But Joseph refused. He said, “My master had a dream. The baker and the wine server trusts me with everything in his house. He each had his own dream, and each dream had has given me responsibility for everything its own meaning. 6Joseph went to them the here. 9My master has made me almost equal next morning and saw that the two men were to him in his house. I cannot sleep with his worried. 7He asked them, “Why do you look wife! That is wrong! It is a sin against God.” so worried today?” 10The woman talked with Joseph every day, 8The two men answered, “We both had dreams last night, but we don’t understand what we dreamed. There is no one to explain a 38:29 Perez This name is like the word meaning “to break out.” the dreams to us.” b 38:30 Zerah This name is like the word meaning Joseph said to them, “God is the only one “bright.” who can understand and explain dreams. So I c 39:1 traders Literally, “Ishmaelites.” beg you, tell me your dreams.” GENESIS 40:9 34 The Wine Server’s Dream 6Then he saw seven more heads of grain 9So the wine server told Joseph his dream. sprouting, but they were thin and scorched The server said, “I dreamed I saw a vine. by the hot wind. 7The thin heads of grain ate 10On the vine there were three branches. I the seven good heads of grain. Then Pharaoh watched the branches grow flowers and then woke up again and realized it was only a become grapes. 11I was holding Pharaoh’s dream. 8The next morning Pharaoh was wor- cup, so I took the grapes and squeezed the ried about these dreams, so he sent for all the juice into the cup. Then I gave the cup to magicians and wise men of Egypt. Pharaoh Pharaoh.” told these men the dreams, but none of them 12Then Joseph said, “I will explain the could explain the dreams. dream to you. The three branches mean three days. 13Before the end of three days, The Servant Tells Pharaoh About Joseph Pharaoh will forgive you and allow you to 9Then the wine servant remembered Joseph go back to your work. You will do the same and said to Pharaoh, “I remember something work for Pharaoh as you did before. 14But that happened to me. 10You were angry with when you are free, remember me. Be good the baker and me, and you put us in prison. to me and help me. Tell Pharaoh about me so 11Then one night he and I had a dream. Each that I can get out of this prison. 15I was kid- dream had a different meaning. 12There was a napped and taken from the land of my people, young Hebrew man in prison with us. He was the Hebrews. I have done nothing wrong! I a servant of the commander of the guards. We should not be in prison.” told him our dreams, and he explained them to us. He told us the meaning of each dream, The Baker’s Dream 13and what he said came true. He said I would 16The baker saw that the other servant’s be free and have my old job back, and it hap- dream was good, so he said to Joseph, “I also pened. He also said the baker would die, and had a dream. I dreamed there were three bas- it happened!” kets of bread on my head. 17In the top bas- ket there were all kinds of baked food for the Joseph Is Called to Explain the Dreams king, but birds were eating this food.” 14So Pharaoh called Joseph from the prison. 18Joseph answered, “I will tell you what the The guards quickly got Joseph out of prison. dream means. The three baskets mean three Joseph shaved, put on some clean clothes, days. 19Before the end of three days, the king and went to see Pharaoh. 15Pharaoh said to will take you out of this prison and cut off Joseph, “I had a dream, and no one can explain your head! He will hang your body on a pole, it for me. I heard that you can explain dreams and the birds will eat it.” when someone tells you about them.” 16Joseph answered, “I cannot! But God can Joseph Is Forgotten explain the dream for you, Pharaoh.” 20Three days later it was Pharaoh’s birth- 17Then Pharaoh said to Joseph, “In my day. He gave a party for all his servants. At dream I was standing by the Nile River. 18Seven the party Pharaoh allowed the wine server cows came up out of the river and stood there and the baker to leave the prison. 21He freed eating the grass. They were healthy, good- the wine server and gave him his job back, looking cows. 19Then I saw seven more cows and once again the wine server put a cup come up out of the river after them, but these of wine in Pharaoh’s hand. 22But Pharaoh cows were thin and looked sick. They were hanged the baker, and everything happened the worst cows I had ever seen anywhere the way Joseph said it would. 23But the wine in Egypt! 20The thin, sick cows ate the first server did not remember to help Joseph. He healthy cows, 21but they still looked thin and said nothing about him to Pharaoh. The wine sick. You couldn’t even tell they had eaten the server forgot about Joseph. healthy cows. They looked as thin and sick as they did in the beginning. Then I woke up. Pharaoh’s Dreams 22“In my next dream I saw seven heads 1Two years later Pharaoh dreamed of grain growing on one plant. They were 41 that he was standing by the Nile River. healthy and full of grain. 23And then seven 2In the dream, seven cows came out of the more heads of grain grew after them, but river and stood there eating grass. They were they were thin and scorched by the hot wind. healthy, good-looking cows. 3Then seven 24Then the thin heads of grain ate the seven more cows came out of the river and stood on good heads of grain. the bank of the river by the healthy cows. But “I told these dreams to my magicians. But these cows were thin and looked sick. 4The no one could explain the dreams to me. What seven sick cows ate the seven healthy cows. do they mean?” Then Pharaoh woke up. 5Pharaoh went back to sleep and began Joseph Explains the Dream dreaming again. This time he dreamed that 25Then Joseph said to Pharaoh, “Both of he saw seven heads of grain growing on one these dreams have the same meaning. God plant. They were healthy and full of grain. is telling you what will happen soon. 26The 35 GENESIS 42:4 seven good cows and the seven good heads of also gave Joseph a wife named Asenath. She grain are seven good years. 27And the seven was the daughter of Potiphera, a priest in the thin, sick-looking cows and the seven thin city of On. So Joseph became the governor heads of grain mean that there will be seven over the whole country of Egypt. years of hunger in this area. These seven bad 46Joseph was 30 years old when he began years will come after the seven good years. serving the king of Egypt. He traveled 28God has shown you what will happen soon. throughout the country of Egypt. 47During He will make these things happen just as I told the seven good years, the crops in Egypt grew you. 29For seven years there will be plenty of very well. 48Joseph saved the food in Egypt food in Egypt. 30But then there will be seven during those seven years and stored the food years of hunger. The people will forget how in the cities. In every city he stored grain that much food there had been in Egypt before. grew in the fields around the city. 49Joseph This famine* will ruin the country. 31It will be stored so much grain that it was like the sands so bad that people will forget what it was like of the sea. He stored so much grain that it to have plenty of food. could not be measured. 32“Pharaoh, you had two dreams about the 50Joseph’s wife, Asenath, was the daugh- same thing. That means God wanted to show ter of Potiphera, the priest in the city of On. you that he really will make this happen, Before the first year of hunger came, Joseph and he will make it happen soon! 33So, Pha- and Asenath had two sons. 51Joseph named raoh, you should choose a wise, intelligent the first son Manasseh.c He was given this man and put him in charge of Egypt. 34Then name because Joseph said, “God made me you should choose other men to collect food forget all my hard work and everything back from the people. During the seven good home in my father’s house.” 52Joseph named years, the people must give them one-fifth of the second son Ephraim.d Joseph gave him all the food they grow. 35In this way these this name because he said, “I had great men will collect all the food during the seven troubles, but God has made me successful in good years and store it in the cities until it everything.” is needed. Pharaoh, this food will be under your control. 36Then during the seven years The Famine Begins of hunger, there will be food for the country 53For seven years people had all the food of Egypt. And Egypt will not be destroyed by they needed, but those years ended. 54Then the famine.” the seven years of hunger began, just as 37This seemed like a very good idea to Joseph had said. No food grew anywhere in Pharaoh, and all his officials agreed. 38Then any of the countries in that area. But in Egypt Pharaoh told them, “I don’t think we can people had plenty to eat because Joseph had find anyone better than Joseph to take this stored the grain. 55The famine* began, and job! God’s Spirit is in him, making him very the people cried to Pharaoh for food. Pharaoh wise!” said to the Egyptian people, “Go ask Joseph 39So Pharaoh said to Joseph, “God showed what to do.” these things to you, so you must be the wisest 56There was famine everywhere, so Joseph man. 40I will put you in charge of my country, gave the people grain from the warehouses. and the people will obey all your commands. He sold the stored grain to the people of I will be the only one more powerful than Egypt. The famine was bad in Egypt, 57but the you.” famine was bad everywhere. So people from 41Pharaoh said to Joseph, “I now make you the countries around Egypt had to come to governor over all of Egypt.” 42Then Pharaoh Joseph in Egypt to buy grain. gave his special ring to Joseph. The royal seal was on this ring. Pharaoh also gave Joseph a The Dreams Come True fine linen robe and put a gold chain around 1During the famine* in Canaan,* Jacob his neck. 43Then he told Joseph to ride in his 42learned that there was grain in Egypt. second chariot. Pharaoh’s officials said, “Let So he said to his sons, “Why are you sitting him be the governor over the whole land of here doing nothing? 2I have heard that there Egypt!”a is grain for sale in Egypt. Go there and buy 44Then Pharaoh said to him, “I am Pharaoh, grain for us so that we will live and not die!” the king over everyone in Egypt, but no one 3So ten of Joseph’s brothers went to Egypt else in Egypt can lift a hand or move a foot to buy grain. 4Jacob did not send Benjamin. unless you say he can.” 45Then Pharaoh gave (Benjamin was Joseph’s only full brother.e) Joseph another name, Zaphenath Paneah.b He Hebrew words meaning “a person who explains secret things.” a 41:43 Or “Then Pharaoh had Joseph ride in the c 41:51 Manasseh This is like the Hebrew word chariot of his second-in-command, and they said, meaning “to forget.” ‘Bow before Joseph.’ In this way Joseph became the d 41:52 Ephraim This name is like the Hebrew word governor over all of Egypt.” meaning “twice fruitful.” b 41:45 Zaphenath Paneah This Egyptian name e 42:4 full brother Literally, “brother.” Joseph and probably means “sustainer of life,” but it is like Benjamin had the same mother. GENESIS 42:5 36 Jacob was afraid that something bad might 22Then Reuben said to them, “I told you happen to Benjamin. not to do anything bad to that boy, but you 5The famine was very bad in Canaan, so refused to listen to me. Now we are being there were many people from Canaan who punished for his death.” went to Egypt to buy grain. Among them 23-24Joseph was using an interpreter to were the sons of Israel.* talk to his brothers, so the brothers did not 6Joseph was the governor of Egypt at the know that he understood their language. He time. He was the one who checked the sale heard and understood everything they said, of grain to people who came to Egypt to buy and that made him want to cry. So he turned it. Joseph’s brothers came to him and bowed away and left the room. When he came back, before him. 7Joseph saw his brothers and he took one of the brothers, Simeon, and tied recognized them, but he acted like he didn’t him up while the others watched. 25Joseph know them. He was rude when he spoke to told the servants to fill the bags with grain. them. He said, “Where do you come from?” The brothers had given Joseph the money for The brothers answered, “We have come the grain, but he didn’t keep the money. He from the land of Canaan to buy food.” put the money in their bags of grain. Then 8Joseph recognized his brothers, but they he gave them what they would need for their did not know who he was. 9Then Joseph trip back home. remembered the dreams that he had dreamed 26So the brothers put the grain on their about his brothers. donkeys and left. 27That night the brothers Joseph said to his brothers, “You have not stopped at a place to spend the night. One of come to buy food! You are spies. You came to the brothers opened his sack to get some grain learn where we are weak.” for his donkey. And there in the sack, he saw 10But the brothers said to him, “No, sir, we his money! 28He said to the other brothers, come as your servants. We have come only to “Look! Here is the money I paid for the grain. buy food. 11We are all brothers—we all have Someone put the money back in my sack.” the same father. We are honest men. We have The brothers were very afraid. They said to come only to buy food.” one another, “What is God doing to us?” 12Then Joseph said to them, “No, you have come to spy on us!” The Brothers Report to Jacob 13And the brothers said, “No, sir, we come 29The brothers went back to their father as servants from Canaan. We are all brothers, Jacob in the land of Canaan.* They told him sons of the same father. There were twelve about everything that had happened. 30They brothers in our family. Our youngest brother said, “The governor of that country spoke is still at home with our father, and the other rudely to us. He thought that we were spies! brother died a long time ago.” 31We told him, ‘We are honest men, not 14But Joseph said to them, “No! I can see spies. 32There are twelve of us brothers, all that I am right. You are spies. 15But I will let from the same father. But one of our brothers you prove that you are telling the truth. In is no longer living, and the youngest is still at the name of Pharaoh, I swear that I will not home with our father in Canaan.’ let you go until your youngest brother comes 33“Then the governor of that country said to here. 16One of you must go back to get your us, ‘Here is a way to prove that you are honest youngest brother while the rest of you stay men: Leave one of your brothers here with here in prison. Then we can prove whether me. Take your grain back to your families. you are telling the truth or not. If you are not 34Bring your youngest brother to me. Then telling the truth, then by Pharaoh, I swear I will know if you are honest men or if you that you are spies!” 17Then Joseph put them were sent from an army to destroy us. If you all in prison for three days. are telling the truth, I will give your brother back to you. I will give him to you, and you The Troubles Begin will be free to buy grain in our country.’” 18After three days Joseph said to them, “I 35Then the brothers started taking the grain am a God-fearing man. Do this, and I will let out of their sacks, and every brother found his you live. 19If you are honest men, one of your bag of money in his sack of grain. When the brothers can stay here in prison, and the oth- brothers and their father saw the money, they ers can go and carry grain back to your peo- were afraid. ple. 20But then you must bring your youngest 36Jacob said to them, “Do you want me brother back here to me. Then I will know to lose all of my children? Joseph is gone. that you are telling the truth, and you will not Simeon is gone, and now you want to take have to die.” Benjamin away too!” The brothers agreed to this. 21They said 37But Reuben said to his father, “Father, to each other, “We are being punished for you may kill my two sons if I don’t bring Ben- the bad thing we did to our younger brother jamin back to you. Trust me. I will bring him Joseph. We saw the trouble he was in. He back to you.” begged us to save him, but we refused to lis- 38But Jacob said, “I will not let Benjamin go ten. So now we are in trouble.” with you. His brother is dead, and he is the 37 GENESIS 43:33 only son left from my wife Rachel. It would will eat with me at noon today.” 17The ser- kill me if anything happened to him during vant did as he was told. He brought the men the trip to Egypt. You would send me to the into Joseph’s house. gravea a very sad, old man.” 18The brothers were afraid when they were taken to Joseph’s house and said, “We have Jacob Lets Benjamin Go to Egypt been brought here because of the money that 1The famine* was very bad in that was put back in our sacks the last time. They 43country. 2The people ate all the grain will use this as proof against us and steal our they had brought from Egypt. When that grain donkeys and make us slaves.” was gone, Jacob said to his sons, “Go to Egypt 19So the brothers went to the servant in and buy some more grain for us to eat.” charge of Joseph’s house. 20They said, “Sir, I 3But Judah said to Jacob, “But the governor promise this is the truth. The last time we of that country warned us. He said, ‘If you came, we came to buy food. 21-22On the way don’t bring your brother back to me, I will home we opened our sacks and found our refuse to talk to you.’ 4If you send Benjamin money in every sack. We don’t know how it with us, we will go down and buy grain. 5But got there, but we brought that money with us if you refuse to send Benjamin, we will not to give it back to you. And we have brought go. The man warned us to not come back more money to pay for the food that we want without him.” to buy this time.” 6Israel* said, “Why did you tell him you had 23But the servant answered, “Don’t be another brother? Why did you do such a bad afraid; believe me. Your God, the God of your thing to me?” father, must have put the money in your sack 7The brothers answered, “He asked lots of as a gift. I remember that you paid me for the questions. He wanted to know all about us grain the last time.” and about our family. He asked us, ‘Is your Then the servant brought Simeon out of father still alive? Do you have another brother the prison. 24The servant led the men into at home?’ We only answered his questions. Joseph’s house. He gave them water, and We didn’t know he would ask us to bring our they washed their feet. Then he fed their brother to him!” donkeys. 8Then Judah said to his father Israel, “Let 25The brothers heard that they were going Benjamin go with me. I will take care of him. to eat with Joseph, so they worked until noon We have to go to Egypt to get food. If we don’t preparing their gifts for him. go, we will all die—including our children. 9I 26When Joseph came home, the brothers will make sure he is safe. I will be responsible gave him the gifts they had brought with for him. If I don’t bring him back to you, you them. Then they bowed down to the ground can blame me forever. 10If you had let us go in front of him. before, we could have already made two trips 27Joseph asked them how they were doing. for food.” He said, “How is your elderly father you told 11Then their father Israel said, “If it is really me about. Is he still alive and well?” true, take Benjamin with you. But take some 28The brothers answered, “Yes, sir, our gifts to the governor. Take some of the things father is still alive.” And they again bowed we have been able to gather in our land. Take before Joseph. him some honey, pistachio nuts, almonds, 29Then Joseph saw his brother Benjamin. spices, and myrrh.* 12Take twice as much (Benjamin and Joseph had the same mother.) money with you this time. Take the money Joseph said, “Is this your youngest brother that was given back to you after you paid last that you told me about?” Then Joseph said to time. Maybe the governor made a mistake. Benjamin, “God bless you, my son!” 13Take Benjamin, and go back to the man. 30Joseph felt a strong desire to show his 14I pray that God All-Powerful will help you brother Benjamin that he loved him. He was when you stand before the governor. I pray about to cry and didn’t want his brothers to that he will let Benjamin, and also Simeon, see him, so he ran into his private room and come back safely. If not, I will again be sad cried there. 31Then Joseph washed his face from losing my children.” and came out. He regained control of himself 15So the brothers took the gifts to give to and said, “Now it is time to eat.” the governor. And the brothers took twice 32The servants seated Joseph at a table by as much money with them as they took the himself. His brothers were at another table by first time. This time Benjamin went with the themselves, and the Egyptians were at a table brothers to Egypt. by themselves. The Egyptians believed that it was wrong for them to eat with Hebrews.b The Brothers at Joseph’s House 33Joseph’s brothers were seated at a table 16When Joseph saw Benjamin with them, b 43:32 The Egyptians … Hebrews The Egyptians he said to his servant, “Bring these men into would not eat with them because they were shep- my house. Kill an animal and cook it. They herds and ate meat from cattle, sheep, and goats. To the Egyptians, these animals represented some of a 42:38 grave Or “Sheol,” the place of death. their gods. See Gen. 46:34. GENESIS 43:34 38 facing him. The brothers were looking at each slaves! Only the man who stole the cup will other because, to their surprise, they had be my slave. You others can go in peace to been seated in order, from the oldest to the your father.” youngest. 34Servants were taking food from Joseph’s table and bringing it to them. But the Judah Pleads for Benjamin servants gave Benjamin five times more than 18Then Judah went to Joseph and said, “Sir, the others. The brothers continued to eat and please let me speak plainly with you. Please drink with Joseph until they were drunk. don’t be angry with me. I know that you are like Pharaoh himself. 19When we were here Joseph Sets a Trap before, you asked us, ‘Do you have a father 1Then Joseph gave a command to his or a brother?’ 20And we answered you, ‘We 44servant. He said, “Fill the men’s sacks have a father—he is an old man. And we with as much grain as they can carry. Then have a younger brother. Our father loves him put each man’s money into his sack with the because he was born while our father was grain. 2Put the youngest brother’s money in old. This youngest son’s brother is dead, so he his sack too. But also put my special silver cup is the only son who is left from that mother. in his sack.” So the servant obeyed Joseph. Our father loves him very much.’ 21Then you 3Early the next morning the brothers and said to us, ‘Bring that brother to me. I want to their donkeys were sent back to their coun- see him.’ 22And we said to you, ‘That young try. 4After they had left the city, Joseph said boy cannot come. He cannot leave his father. to his servant, “Go and follow the men. Stop If his father loses him, his father will be so them and say to them, ‘We were good to you! sad that he will die.’ 23But you said to us, ‘You So why have you been bad to us? Why did must bring your youngest brother, or I will you steal my master’s silver cup? 5My master not sell you grain again.’ 24So we went back drinks from that cup, and he uses it to learn to our father and told him what you said. secret things. What you did was wrong!’” 25“Later, our father said, ‘Go back and buy 6So the servant obeyed. He rode out to the us some more food.’ 26We said to our father, brothers and stopped them. The servant said ‘We cannot go without our youngest brother. to them what Joseph had told him to say. The governor said he will not sell us grain 7But the brothers said to the servant, “Why again until he sees our youngest brother.’ does the governor say these things? We 27Then my father said to us, ‘You know that wouldn’t do anything like that! 8We brought my wife Rachel gave me two sons. 28I let one back the money that we found in our sacks son go away, and he was killed by a wild ani- before. So surely we wouldn’t steal silver or mal. And I haven’t seen him since. 29If you gold from your master’s house. 9If you find take my other son away from me, and some- the silver cup in any of our sacks, let that man thing happens to him, I will be sad enough to die. You can kill him, and we will be your die.’ 30Now, imagine what will happen when slaves.” we go home without our youngest brother— 10The servant said, “I agree, except that he is the most important thing in our father’s only the man who is found to have the cup life! 31Our father will die if he sees that the will be my slave. The others will be free.” boy isn’t with us—and it will be our fault. We will send our father to his grave a very sad The Trap Is Sprung; Benjamin Is Caught man. 11Then every brother quickly opened his 32“I took responsibility for the young boy. sack on the ground. 12The servant started I told my father, ‘If I don’t bring him back to looking in the sacks. He started with the old- you, you can blame me for the rest of my life.’ est brother and ended with the youngest. He 33So now I beg you, please let the boy go back found the cup in Benjamin’s sack. 13The broth- with his brothers, and I will stay and be your ers were very sad. They tore their clothes to slave. 34I cannot go back to my father if the show their sadness. They put their sacks back boy is not with me. I am very afraid of what on the donkeys and went back to the city. would happen to my father.” 14When Judah and his brothers went back to Joseph’s house, Joseph was still there. The Joseph Tells Who He Is brothers fell to the ground and bowed down 1Joseph could not control himself any before him. 15Joseph said to them, “Why have 45longer. He cried in front of all the peo- you done this? Didn’t you know that I have a ple who were there. Joseph said, “Tell every- special way of learning secrets? No one is bet- one to leave here.” So all the people left. Only ter at this than I am!” the brothers were left with Joseph. Then he 16Judah said, “Sir, there is nothing we can told them who he was. 2Joseph continued to say. There is no way to explain. There is no cry, and all the Egyptian people in Pharaoh’s way to show that we are not guilty. God has house heard it. 3He said to his brothers, “I judged us guilty for something else we have am your brother Joseph. Is my father doing done. So all of us, even Benjamin, will be your well?” But the brothers did not answer him slaves.” because they were confused and afraid. 17But Joseph said, “I will not make you all 4So Joseph said to his brothers again, “Come 39 GENESIS 46:13 here to me. I beg you, come here.” When the many good things from Egypt. And he sent brothers went to him, he said to them, “I am ten female donkeys loaded with grain, bread, your brother Joseph. I am the one you sold and other food for his father on his trip back. as a slave to Egypt. 5Now don’t be worried. 24Then Joseph told his brothers to go. While Don’t be angry with yourselves for what you they were leaving, he said to them, “Go did. It was God’s plan for me to come here. I straight home, and don’t fight on the way.” am here to save people’s lives. 6This terrible 25So the brothers left Egypt and went to famine* has continued for two years now, and their father in the land of Canaan. 26They there will be five more years without planting told him, “Father, Joseph is still alive! And or harvest. 7So God sent me here ahead of you he is the governor over the whole country of so that I can save your people in this country. Egypt.” 8It wasn’t your fault that I was sent here. It Their father did not know what to think. was God’s plan. God made me like a father to At first he didn’t believe them. 27But then Pharaoh. I am the governor over all his house they told him everything Joseph had said. and over all of Egypt.” Then their father saw the wagons that Joseph had sent to bring him back to Egypt, and he Israel Invited to Egypt became excited and very happy. 28Israel said, 9Joseph said, “Hurry up and go to my father. “Now I believe you. My son Joseph is still Tell him his son Joseph sent this message: alive! I am going to see him before I die!”
‘God made me the governor of Egypt. God Assures Israel So come here to me quickly. Don’t wait. 1So Israel* began his trip to Egypt. 10You can live near me in the land of 46First he went to Beersheba. There he Goshen. You, your children, your grand- worshiped God, the God of his father Isaac. children, and all of your animals are wel- He offered sacrifices.* 2During the night God come here. 11I will take care of you dur- spoke to Israel in a dream and said, “Jacob, ing the next five years of hunger. So you Jacob.” and your family will not lose everything Israel answered, “Here I am.” you own.’ 3Then God said, “I am God, the God of your father. Don’t be afraid to go to Egypt. In 12“Surely you can see that I really am Egypt I will make you a great nation. 4I will Joseph. Even my brother Benjamin knows it go to Egypt with you, and I will bring you out is me, your brother, talking to you. 13So tell of Egypt again. You will die there, but Joseph my father about the honor I have received will be with you. His own hands will close here in Egypt. Tell him about everything your eyes when you die.” you have seen here. Now hurry, go bring my father back to me.” 14Then Joseph hugged his Israel Goes to Egypt brother Benjamin, and they both began cry- 5Then Jacob left Beersheba and traveled to ing. 15Then Joseph cried as he kissed all his Egypt. His sons, the sons of Israel, brought brothers. After this, the brothers began talk- their father, their wives, and all their chil- ing with him. dren to Egypt. They traveled in the wagons 16Pharaoh learned that Joseph’s brothers the Pharaoh had sent. 6They also had their had come to him. This news spread through- cattle and everything they owned in the land out Pharaoh’s house. Pharaoh and his ser- of Canaan.* So Israel went to Egypt with all vants were very excited! 17So Pharaoh told his children and his family. 7With him were Joseph, “Tell your brothers to take all the food his sons and his grandsons, his daughters and they need and go back to the land of Canaan.* his granddaughters. All of his family went 18Tell them to bring your father and their fam- with him. ilies back here to me. I will give you the best land in Egypt to live on. And your family can Jacob’s Family eat the best food we have here. 19Also give 8Here are the names of Israel’s sons and your brothers some of our best wagons. Tell family that went to Egypt with him: them to go to Canaan and bring your father Reuben was Jacob’s first son. 9Reuben’s sons and all the women and children back in the were Hanoch, Pallu, Hezron, and Carmi. wagons. 20Don’t worry about bringing all of 10Simeon’s sons were Jemuel, Jamin, Ohad, their belongings. We can give them the best Jakin, and Zohar. There was also Shaul. (Shaul of Egypt.” was born from a Canaanite woman.) 21So the sons of Israel did this. Joseph 11Levi’s sons were Gershon, Kohath, and gave them good wagons just as Pharaoh had Merari. promised. And Joseph gave them enough 12Judah’s sons were Er, Onan, Shelah, food for their trip. 22He gave each brother a Perez, and Zerah. (Er and Onan died while suit of beautiful clothes. But to Benjamin he still in Canaan.) Perez’s sons were Hezron gave five suits of beautiful clothes and 300 and Hamul. pieces of silver. 23Joseph also sent gifts to his 13Issachar’s sons were Tola, Puah, Job, and father. He sent ten donkeys with bags full of Shimron. GENESIS 46:14 40 14Zebulun’s sons were Sered, Elon, and calls you, he will ask, ‘What work do you Jahleel. do?’ 34You tell him, ‘We are shepherds. All 15Reuben, Simeon, Levi, Judah, Issachar, our lives we have been shepherds, and our and Zebulun were Jacob’s sons from his wife ancestors* were shepherds before us.’ Then Leah. Leah had these sons in Paddan Aram. Pharaoh will allow you to live in the land of She also had a daughter named Dinah. There Goshen. Egyptians don’t like shepherds, so it were 33 people in this family. is better that you stay in Goshen.” 16Gad’s sons were Zephon, Haggi, Shuni, Ezbon, Eri, Arodi, and Areli. Israel Settles in Goshen 17Asher’s sons were Imnah, Ishvah, Ishvi, 1Joseph went in to Pharaoh and said, Beriah, and their sister Serah. Also there 47“My father and my brothers and all were Beriah’s sons, Heber and Malkiel. their families are here. They have all their 18All these were Jacob’s sons from his animals and everything they own from the wife’s servant, Zilpah. (Zilpah was the maid land of Canaan* with them. They are now in that Laban had given to his daughter Leah.) the land of Goshen.” 2Joseph chose five of his There were 16 people in this family. brothers to be with him before the Pharaoh. 19Benjamin was also with Jacob. Benjamin 3Pharaoh said to the brothers, “What work was Jacob and Rachel’s son. (Joseph was also do you do?” Rachel’s son, but he was already in Egypt.) The brothers said to Pharaoh, “Sir, we are 20In Egypt, Joseph had two sons, Manasseh shepherds, just as our ancestors* were shep- and Ephraim. (Joseph’s wife was Asenath, the herds before us.” 4They said to Pharaoh, “The daughter of Potiphera, the priest in the city famine* is very bad in Canaan. There are no of On.) fields left with grass for our animals, so we 21Benjamin’s sons were Bela, Beker, Ash- have come to live in this land. We ask you to bel, Gera, Naaman, Ehi, Rosh, Muppim, Hup- please let us live in Goshen.” pim, and Ard. 5Then Pharaoh said to Joseph, “Your father 22These were the sons of Jacob from his and your brothers have come to you. 6You can wife Rachel. There were 14 people in this choose any place in Egypt for them to live. family. Give your father and your brothers the best 23Dan’s son was Hushim. land. Let them live in the land of Goshen. 24Naphtali’s sons were Jahziel, Guni, Jezer, And if they are skilled shepherds, they can and Shillem. also care for my cattle.” 25These were the sons of Jacob and Bilhah. 7Then Joseph called his father Jacob to come (Bilhah was the maid that Laban had given in to meet Pharaoh. Jacob blessed Pharaoh. to his daughter Rachel.) There were seven 8Then Pharaoh said to him, “How old are people in this family. you?” 26The total number of Jacob’s direct descen- 9Jacob said to Pharaoh, “I have had a short dants who went with him to Egypt was 66 life with many troubles. I am only 130 years people. (The wives of Jacob’s sons were not old. My father and his ancestors lived to be counted in this number.) 27Also, there were much older than I am.” the two sons of Joseph. They had been born 10Then Jacob blessed Pharaoh and left from in Egypt. So there was a total of 70 people in his meeting with him. Jacob’s family in Egypt. 11Joseph did what Pharaoh said and gave his father and brothers land in Egypt. It was Israel Arrives in Egypt the best land in Egypt, in the eastern part of 28Jacob sent Judah ahead to speak to the country, around Rameses. 12Joseph also Joseph. Judah went to Joseph in the land of gave his father, his brothers, and all their Goshen. Then Jacob and his people followed people the food they needed. into the land. 29Joseph learned that his father was coming. So he prepared his chariot and Joseph Buys Land for Pharaoh went out to meet his father, Israel, in Goshen. 13The famine* got worse; there was no food When Joseph saw his father, he hugged his anywhere in the land. Egypt and Canaan* neck and cried for a long time. became very poor because of this bad time. 30Then Israel said to Joseph, “Now I can die 14People in the land bought more and more in peace. I have seen your face, and I know grain. Joseph saved the money and brought that you are still alive.” it to Pharaoh’s house. 15After some time the 31Joseph said to his brothers and to the rest people in Egypt and Canaan had no money of his father’s family, “I will go and tell Pha- left. They had spent all their money to buy raoh that you are here. I will say to Pharaoh, grain. So the people of Egypt went to Joseph ‘My brothers and the rest of my father’s family and said, “Please give us food. Our money is have left the land of Canaan* and have come gone. If we don’t eat, we will die while you here to me. 32They are a family of shepherds. are watching.” They have always kept sheep and cattle. They 16But Joseph answered, “Give me your cat- have brought all their animals and every- tle, and I will give you food.” 17So the people thing they own with them.’ 33When Pharaoh used their cattle and horses and all their other 41 GENESIS 48:16 animals to buy food. And that year, Joseph this. Then Israel laid his head back down on gave them food and took their animals. the bed.b 18But the next year the people had no ani- mals and nothing to buy food with. So they Blessings for Manasseh and Ephraim went to Joseph and said, “You know that we 1Some time later, Joseph learned that have no money left, and all our animals belong 48his father was very sick. So he took his to you. So we have nothing left—only what two sons, Manasseh and Ephraim, and went you see—our bodies and our land. 19Surely to his father. 2When Joseph arrived, someone we will die while you are watching. But if you told Israel, “Your son Joseph has come to see give us food, we will give Pharaoh our land, you.” Israel was very weak, but he tried hard and we will be his slaves. Give us seed so that and sat up in his bed. we can plant. Then we will live and not die, 3Then Israel said to Joseph, “God All- and the land will grow food for us again.” Powerful appeared to me at Luz in the land 20So Joseph bought all the land in Egypt for of Canaan.* God blessed me there. 4He said Pharaoh. All the people in Egypt sold Joseph to me, ‘I will make you a great family. I will their fields. They did this because they were give you many children and you will be a great very hungry. 21And everywhere in Egypt all people. Your family will own this land forever.’ the people became Pharaoh’s slaves. 22The 5Now you have two sons. These two sons were only land Joseph didn’t buy was the land that born here in the country of Egypt before I the priests owned. The priests didn’t need to came. Your two sons, Ephraim and Manasseh, sell their land because Pharaoh paid them for will be like my own sons. They will be like their work. So they used this money to buy Reuben and Simeon to me. 6So these two boys food to eat. will be my sons. They will share in everything 23Joseph said to the people, “Now I have I own. But if you have other sons, they will be bought you and your land for Pharaoh. So I your sons. But they will also be like sons to will give you seed, and you can plant your Ephraim and Manasseh—that is, in the future, fields. 24At harvest time, you must give one- they will share in everything that Ephraim fifth of your crops to Pharaoh. You can keep and Manasseh own. 7On the trip from Pad- four-fifths for yourselves. You can use the dan Aram, Rachel died in the land of Canaan. seed you keep for food and planting the next This made me very sad. We were still traveling year. Now you can feed your families and your toward Ephrath. I buried her there on the road children.” to Ephrath.” (Ephrath is Bethlehem.) 25The people said, “You have saved our 8Then Israel saw Joseph’s sons. Israel said, lives. We are happy to be slaves to Pharaoh.” “Who are these boys?” 26So Joseph made a law at that time in the 9Joseph said to his father, “These are my land, and that law still continues today. The sons. These are the boys God gave me.” law says that one-fifth of everything from Israel said, “Bring your sons to me. I will the land belongs to the Pharaoh who owns bless them.” all the land. The only land he does not own 10Israel was old and his eyes were not good. is the land of the priests. So Joseph brought the boys close to his father. Israel kissed and hugged the boys. 11Then Don’t Bury Me in Egypt Israel said to Joseph, “I never thought I would 27Israel* stayed in Egypt. He lived in the see your face again. But look! God has let me land of Goshen. His family grew and became see you and your children.” very large. They became landowners there 12Then Joseph took the boys off Israel’s lap, and did very well. and they bowed down in front of his father. 28Jacob lived in Egypt 17 years, so he was 13Joseph put Ephraim on his right side and 147 years old. 29The time came when Israel Manasseh on his left side. (So Ephraim was on knew he would soon die, so he called his son Israel’s left side, and Manasseh was on Israel’s Joseph to him. He said, “If you love me, put right side.) 14But Israel crossed his hands and your hand under my leg and make a promise.a put his right hand on the head of the younger Promise that you will do what I say and that boy Ephraim. Then he put his left hand on you will be truthful with me. When I die, Manasseh, even though Manasseh was the don’t bury me in Egypt. 30Bury me in the firstborn.* 15And Israel blessed Joseph and place where my ancestors* are buried. Carry said, me out of Egypt and bury me in our family grave.” “ My ancestors,* Abraham and Isaac, Joseph answered, “I promise that I will do worshiped our God, what you say.” and that God has led me all my life. 31Then Jacob said, “Make a vow to me.” 16 He was the Angel who saved me from all And Joseph vowed to him that he would do my troubles. a 47:29 put your hand … make a promise This was a b 47:31 Then Israel … on the bed Or “Then Israel sign of a very important promise that Jacob trusted bowed down at the head of his bed” or “Then Israel Joseph to keep. worshiped on the head of the staff.” GENESIS 48:17 42 And I pray that he will bless these boys. 6 I will not join their secret meetings. Now they will have my name and the I will not take part in their evil plans. name of our ancestors, Abraham and They have killed people out of anger Isaac. and crippled animals for fun. I pray that they will grow to become 7 Their anger is so strong that it is a curse. great families and nations on earth.” They are too cruel when they are angry. They will not get their own land in the 17Joseph saw that his father put his right land of Jacob. hand on Ephraim’s head. This didn’t make They will be spread throughout Israel. Joseph happy. Joseph took his father’s hand because he wanted to move it from Ephraim’s Judah head and put it on Manasseh’s head. 18Joseph 8 “ Judah, your brothers will praise you. said to his father, “You have your right hand You will defeat your enemies. on the wrong boy. Manasseh is the firstborn. Your brothers will bow down to you. Put your right hand on him.” 9 Judah is like a young lion. 19But his father refused and said, “I know, My son, you are like a lion standing son. I know. Manasseh is the firstborn. He over the animal it killed. will be great and will be the father of many Like a lion, Judah lies down to rest, people. But his younger brother will be and no one is brave enough to disturb greater than he is. And the younger brother’s him. family will be much larger.” 10 Men from Judah’s family will be kings. 20So Israel blessed them that day. He said, The sign that his family rules will not leave his family before the real “ The Israelites will use your names king comes.a whenever they bless someone. Then many people will obey and serve They will say, ‘May God make you him. like Ephraim and Manasseh.’” 11 He ties his donkeys to the best grapevines. In this way Israel made Ephraim greater He washes his clothes in the best wine. than Manasseh. 12 His eyes are red from drinking wine. 21Then Israel said to Joseph, “Look, my His teeth are white from drinking milk.b time to die is almost here, but God will still be with you. He will lead you back to the Zebulun land of your ancestors. 22I have given you 13 “ Zebulun will live near the sea. one portion more than I gave to your broth- His seacoast will be a safe place for ers. I gave you the land that I won from the ships. Amorites. I used my sword and bow to take His land will continue as far as the city that land.” of Sidon. Jacob Blesses His Sons Issachar 1Then Jacob called all his sons to him. 14 “Issachar is like a donkey that has worked 49He said, “My sons, come here to me. I too hard. will tell you what will happen in the future. He will lie down under his heavy load. 15 He will see his land is pleasant 2 “ Children of Jacob, gather around. and that his resting place is good. Come listen to Israel, your father. But he will agree to carry heavy loads; he will agree to work as a slave. Reuben 3 “ Reuben, my first son, you are my Dan strength, 16 “ Danc will rule his people the first proof of my manhood. as one of the tribes of Israel. You were the most honored 17 Dan will be like a snake and powerful of all my sons. at the side of the road. 4 But your passion was like a flood you couldn’t control. a 49:10 before the real king comes Or “until Shiloh So you will not remain comes,” “until the man it belongs to comes,” or “until my most honored son. his tribute comes.” You climbed into your father’s bed b 49:10-12 Or “10The ruler’s scepter will not pass and slept with one of his wives. from between Judah’s feet before he gets what is You brought shame to my bed, his, that is, the people’s obedience. 11His young to the bed you lay on. donkey will be tied to the very best grapevines. He will wash his finest clothes in wine, the blood of grapes. 12His eyes will be redder than wine, his Simeon and Levi teeth whiter than milk.” 5 “ Simeon and Levi are brothers. c 49:16 Dan This name means “judge” and is a They are violent with their swords. wordplay with “rule.” 43 GENESIS 50:13 He will be like a dangerous snake in the cave in the field of Ephron the Hit- lying near the path. tite. 30That cave is in the field of Machpelah That snake bites a horse’s foot, near Mamre in the land of Canaan.* Abraham and the rider falls to the ground. bought that field from Ephron so that he could have a burying place. 31Abraham and his wife 18 “ Lord, I am waiting for your salvation. Sarah are buried in that cave. Isaac and his wife Rebekah are buried in that cave. I buried Gad my wife Leah in that cave. 32That cave is in 19 “ A group of robbers will attacka Gad, the field that was bought from the Hittites.” but Gad will chase them away. 33After Jacob finished talking to his sons, he lay down, put his feet back on the bed, and Asher died. 20 “ Asher’s land will grow much good food. He will have food fit for a king! Jacob’s Funeral 1When Israel died, Joseph was very Naphtali 50sad. He hugged his father and cried 21 “ Naphtali is like a deer running free, over him and kissed him. 2Joseph com- and his words are beautiful. manded his servants to prepare his father’s body. (These servants were doctors.) The doc- Joseph tors prepared Jacob’s body to be buried. They 22 “ Joseph is like a wild donkey, prepared the body in the special way of the like a young donkey by a spring, Egyptians. 3When the Egyptians prepared the like colts grazing in a pasture.b body in this special way, they waited 40 days 23 People attacked him before they buried the body. Then the Egyp- and made life hard for him. tians had a special time of sadness for Jacob. Men with arrows became his enemies. This time was 70 days. 24 But he won the fight with his mighty bow 4After the time of sadness was finished, and his skillful arms. Joseph spoke to Pharaoh’s officers and said, He gets power from the Mighty One of “Please tell this to Pharaoh: 5‘When my father Jacob, from the Shepherd, the Rock of was near death, I made a promise to him. I Israel, promised that I would bury him in a cave in 25 the God of your father who helps you. the land of Canaan.* This is the cave that he prepared for himself. So please let me go and “ May God All-Powerful bless you bury my father. Then I will come back here and give you blessings from the sky to you.’” above and from the deep below. 6Pharaoh answered, “Keep your promise. May he give you blessings from breast and Go and bury your father.” womb. 7So Joseph went to bury his father. All of 26 My parents had many good things happen Pharaoh’s officials, personal advisors, and all to them. the older leaders of Egypt went with Joseph. And I, your father, was blessed even 8All the people in Joseph’s family, his broth- more. ers, and all the people in his father’s family Your brothers left you with nothing. went with him. Only the children and the But now I pile all my blessings on you, animals stayed in the land of Goshen. 9So as high as a mountain. there was a large crowd of people with him. There was even a group of soldiers riding in Benjamin chariots and some on horses. 27 “ Benjamin is like a hungry wolf. 10They went to Goren Atad,c east of the In the morning he kills and eats. Jordan River. There they had a long funeral In the evening he shares what is left.” service for Israel, which continued for seven days. 11When the people who lived in Canaan 28These are the twelve families of Israel. saw the funeral service at Goren Atad, they And this is what their father said to them. said, “This is a time of great sorrow for those He gave each son a blessing that was right for Egyptians.” So now that place across the Jor- him. 29Then Israel gave them a command. He dan River is named Abel Mizraim.d said, “When I die, I want to be with my peo- 12So Jacob’s sons did what their father told ple. I want to be buried with my ancestors* them. 13They carried his body to Canaan and buried it in the cave at Machpelah. This was the cave near Mamre in the field that Abraham bought from Ephron the Hittite. a 49:19 A group of robbers will attack The Hebrew Abraham bought that cave to use as a burial words for “group of robbers” and “attack” sound like the name Gad. b 49:22 Or “Joseph is very successful. Joseph is like c 50:10 Goren Atad Or “Atad’s threshing floor.” a vine covered with fruit, like a vine growing by a d 50:11 Abel Mizraim This means “Egyptian time of spring, like a vine growing along a fence.” sadness.” GENESIS 50:14 44 place. 14After Joseph buried his father, he and something bad to me. But really, God was everyone in the group with him went back planning good things. God’s plan was to use to Egypt. me to save the lives of many people. And that is what happened. 21So don’t be afraid. I will The Brothers Are Still Afraid of Joseph take care of you and your children.” And so 15After Jacob died, Joseph’s brothers were Joseph said kind things to his brothers, and worried. They were afraid that Joseph would this made them feel better. still be mad at them for what they had done 22Joseph continued to live in Egypt with years before. They said, “Maybe Joseph still his father’s family. He died when he was hates us for what we did.” 16So the brothers 110 years old. 23During Joseph’s life Ephraim sent this message to Joseph: had children and grandchildren. And his son Manasseh had a son named Makir. Joseph “Before your father died, he told us lived to see Makir’s children. to give you a message. 17He said, ‘Tell Joseph that I beg him to please forgive The Death of Joseph his brothers for the bad things they did 24When Joseph was near death, he said to to him.’ So now Joseph, we beg you, his brothers, “My time to die is almost here. please forgive us for the bad things we But I know that God will take care of you and did to you. We are the servants of God, lead you out of this country. God will lead you the God of your father.” to the land he promised to give Abraham, Isaac, and Jacob.” That message made Joseph very sad, and he 25Then Joseph asked his people to make a cried. 18His brothers went to him and bowed promise. Joseph said, “Promise me that you down in front of him. They said, “We will be will carry my bones with you when God leads your servants.” you out of Egypt.” 19Then Joseph said to them, “Don’t be 26Joseph died in Egypt when he was 110 afraid. I am not God! I have no right to pun- years old. Doctors prepared his body for burial ish you. 20It is true that you planned to do and put the body in a coffin in Egypt. Exodus
Jacob’s Family in Egypt over the people. These masters forced the 1Jacob traveled to Egypt with his sons. Israelites to build the cities of Pithom and 1 Each son had his own family with him. Rameses for the king. The king used these These are the sons of Israel: 2Reuben, Simeon, cities to store grain and other things. Levi, Judah, 3Issachar, Zebulun, Benjamin, 12The Egyptians forced the Israelites to 4Dan, Naphtali, Gad, and Asher. 5There was work harder and harder. But the harder they a total of 70 people who were direct descen- worked, the more they grew and spread, dants of Jacob. (Joseph was one of the twelve and the more the Egyptians became afraid of sons, but he was already in Egypt.) them. 13So the Egyptians made them work 6Later, Joseph, his brothers, and all the even harder. people of that generation died. 7But the Isra- 14They made life hard for the Israelites. elites had many children, and their number They forced the Israelites to work hard at grew and grew and the country of Egypt was making bricks and mortar and to work hard filled with them. in the fields. The Egyptians showed no mercy in all the hard work they made the Israelites Trouble for the Israelites do! 8Then a new king began to rule Egypt. He did not know Joseph. 9This king said to his The Nurses Who Followed God people, “Look at the Israelites. There are too 15There were two Hebrewa nurses who many of them, and they are stronger than we helped the Israelite women give birth. They are! 10We must make plans to stop them from were named Shiphrah and Puah. The king of growing stronger. If there is a war, they might join our enemies, defeat us, and escape from a 1:15 Hebrew Or “Israelite.” This name might also the land!” mean “descendants of Eber” (read Gen.10:25-31) or 11The Egyptians decided to make life hard “people from beyond the Euphrates River.” Also in for the Israelites, so they put slave masters verse 19. License Agreement for Bible Texts
World Bible Translation Center Last Updated: September 21, 2006
Copyright © 2006 by World Bible Translation Center All rights reserved.
These Scriptures: • Are copyrighted by World Bible Translation Center. • Are not public domain. • May not be altered or modified in any form. • May not be sold or offered for sale in any form. • May not be used for commercial purposes (including, but not limited to, use in advertising or Web banners used for the purpose of selling online add space). • May be distributed without modification in electronic form for non-commercial use. However, they may not be hosted on any kind of server (including a Web or ftp server) without written permission. A copy of this license (without modification) must also be included. • May be quoted for any purpose, up to 1,000 verses, without written permission. However, the extent of quotation must not comprise a complete book nor should it amount to more than 50% of the work in which it is quoted. A copyright notice must appear on the title or copyright page using this pattern: “Taken from the HOLY BIBLE: EASY-TO-READ VERSION™ © 2006 by World Bible Translation Center, Inc. and used by permission.” If the text quoted is from one of WBTC’s non-English versions, the printed title of the actual text quoted will be substituted for “HOLY BIBLE: EASY-TO-READ VERSION™.” The copyright notice must appear in English or be translated into another language. When quotations from WBTC’s text are used in non-saleable media, such as church bulletins, orders of service, posters, transparencies or similar media, a complete copyright notice is not required, but the initials of the version (such as “ERV” for the Easy-to-Read Version™ in English) must appear at the end of each quotation.
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1Greetings from Paul and Timothy, ser- about Christ because they are jealous and bit- 1 vants of Jesus Christ. ter. Others do it because they want to help. To all of you in Philippi who are God’s holy 16They are doing it out of love. They know people* in Christ Jesus, including your eldersa that God gave me the work of defending the and special servants.* Good News. 17But those others tell about 2Grace* and peace to you from God our Christ because of their selfish ambition. Their Father and the Lord Jesus Christ. reason for doing it is wrong. They only do it because they think it will make trouble for me Paul’s Prayer in prison. 18But that doesn’t matter. What is 3I thank God every time I remember you. important is that they are telling people about 4And I always pray for all of you with joy. 5I Christ, whether they are sincere or not. So I thank God for the help you gave me while I am glad they are doing it. told people the Good News.* You helped from I will continue to be glad, 19because I know the first day you believed until now. 6I am that your prayers and the help the Spirit* of sure that the good work God began in you Jesus Christ gives me will cause this trouble will continue until he completes it on the day to result in my freedom.b 20I am full of hope when Jesus Christ comes again. and feel sure I will not have any reason to be 7I know I am right to think like this about ashamed. I am certain I will continue to have all of you because you are so close to my heart. the same boldness to speak freely that I always This is because you have all played such an have. I will let God use my life to bring more important part in God’s grace* to me—now, honor to Christ. It doesn’t matter whether I during this time that I am in prison, and live or die. 21To me, the only important thing whenever I am defending and proving the about living is Christ. And even death would truth of the Good News. 8God knows that I be for my benefit.c 22If I continue living here want very much to see you. I love all of you on earth, I will be able to work for the Lord. with the love of Christ Jesus. But what would I choose—to live or to die? 9This is my prayer for you: I don’t know. 23It would be a hard choice. Sometimes I want to leave this life and be with that your love will grow more and more; Christ. That would be much better for me; that you will have knowledge and 24however, you people need me here alive. 25I understanding with your love; am sure of this, so I know that I will stay here 10 that you will see the difference between and be with you to help you grow and have what is important and what is not and joy in your faith. 26When I am there with you choose what is important; again, you will be bursting with pride over that you will be pure and blameless for what Christ Jesus did to help me. the coming of Christ; 27Just be sure you live as God’s people in 11 that your life will be full of the many good a way that honors the Good News of Christ. works that are produced by Jesus Then if I come and visit you or if I am away Christ to bring glory* and praise to from you, I will hear good things about you. God. I will know that you stand together with the same purpose and that you work together like Paul’s Troubles Help the Lord’s Work a team to help others believe the Good News. 12Brothers and sisters, I want you to know 28And you will not be afraid of those who are that all that has happened to me has helped against you. All of this is proof from God that to spread the Good News.* 13All the Roman you are being saved and that your enemies guards and all the others here know that I will be lost. 29God has blessed you in ways am in prison for serving Christ. 14My being that serve Christ. He allowed you to believe in prison has caused most of the believers* to in Christ. But that is not all. He has also given put their trust in the Lord and to show more you the honor of suffering for Christ. Both of courage in telling people God’s message.* these bring glory* to Christ. 30You saw the 15 Some people are telling the message b 1:19 freedom Or “salvation.” c 1:21 death … benefit Paul says that death would a 1:1 elders Here, literally, “overseers.” See “elders” in be better, because death would bring him nearer the Word List. to Christ. PHILIPPIANS 2:1 960 difficulties I had to face, and you hear that I who have lost their sense of what is right. am still having troubles. Now you must face Among those people you shine like lights in a them too. dark world, 16and you offer them the teaching that gives life. So I can be proud of you when Be United and Care for Each Other Christ comes again. You will show that my 1Think about what we have in Christ: the work was not wasted—that I ran in the race 2 encouragement he has brought us, the and won. comfort of his love, our sharing in his Spirit,* 17Your faith makes you give your lives as a and the mercy and kindness he has shown us. sacrifice* in serving God. Maybe I will have If you enjoy these blessings, 2then do what to offer my own life with your sacrifice. But if will make my joy complete: Agree with each that happens, I will be glad, and I will share other, and show your love for each other. Be my joy with all of you. 18You also should be united in your goals and in the way you think. glad and share your joy with me. 3In whatever you do, don’t let selfishness or pride be your guide. Be humble, and honor News About Timothy and Epaphroditus others more than yourselves. 4Don’t be inter- 19With the blessing of the Lord Jesus, I hope ested only in your own life, but care about the I will be able to send Timothy to you soon. I lives of others too. will be glad to learn how you are. 20I have no one else like Timothy, who genuinely cares Learn From Christ to Be Unselfish for you. 21Others are interested only in their 5In your life together, think the way Christ own lives. They don’t care about the work of Jesus thought. Christ Jesus. 22You know the kind of person Timothy is. He has served with me in telling 6 He was like God in every way, the Good News* like a son with his father. 23I but he did not think that his being equal plan to send him to you quickly, as soon as I with God was something to use for know what will happen to me. 24I am sure the his own benefit. Lord will help me come to you soon. 7 Instead, he gave up everything, even his 25For now, I think I must send Epaphrodi- place with God. tus back to you. He is my brother in God’s He accepted the role of a servant, family, who works and serves with me in the appearing in human form. Lord’s army. When I needed help, you sent During his life as a man, him to me, 26but now he wants very much 8 he humbled himself by being fully to see all of you again. He is worried because obedient to God, you heard that he was sick. 27He was sick even when that caused his death— and near death. But God helped him and me death on a cross. too, so that I would not have even more grief. 9 So God raised him up to the most 28So I want very much to send him to you. important place When you see him, you can be happy. And and gave him the name that is greater I can stop worrying about you. 29Welcome than any other name. him in the Lord with much joy. Give honor 10 God did this so that every person will to people like Epaphroditus. 30He should be bow down to honor the name of honored because he almost died for the work Jesus. of Christ. He put his life in danger so that he Everyone in heaven, on earth, and could help me. This was help that you could under the earth will bow. not give me. 11 They will all confess, “Jesus Christ is Lord,” Christ Is More Important Than Anything and this will bring glory* to God the 1And now, my brothers and sisters, be Father. 3 filled with joy in the Lord. It is no trouble for me to write the same things to you again. I Be the People God Wants You to Be want to be sure that you are prepared. 12My dear friends, you always obeyed what 2Be careful of the dogs—those people you were taught. Just as you obeyed when I whose work does no one any good. They want was with you, it is even more important for to cut off everyone who isn’t circumcised.a you to obey now that I am not there. So you 3But we are the ones who have the true must continue to live in a way that gives circumcisionb—we who worship God through meaning to your salvation. Do this with fear his Spirit.* We don’t trust in ourselves or any- and respect for God. 13Yes, it is God who is thing we can do. We take pride only in Christ working in you. He helps you want to do what Jesus. 4Even if I am able to trust in myself, still pleases him, and he gives you the power to a 3:2 do it. want to cut off … circumcised There is a play 14 on words here in Greek. The key word is like “circum- Do everything without complaining or cision” (see the Word List), but it means “mutilation” 15 arguing so that you will be blameless and or “cutting to pieces.” pure, children of God without any fault. But b 3:3 we are … circumcision Literally, “we are the you are living with evil people all around you, circumcision.” See “circumcision” in the Word List. 961 PHILIPPIANS 4:18 I don’t do it. If anyone else thinks they have humble bodies and make them like his own a reason to trust in themselves, they should glorious body. Christ can do this by his power, know that I have a greater reason for doing with which he is able to rule everything. so. 5I was circumcised on the eighth day after my birth. I am from the people of Israel* and Some Things to Do the tribe of Benjamin. I am a true Jew, and so 1My dear brothers and sisters, I love you were my parents. The law* was very impor- 4 and want to see you. You bring me joy and tant to me. That is why I became a Pharisee.* make me proud of you. Continue following 6I was such a fanatic that I persecuted* the the Lord as I have told you. church.* And no one could find fault with 2Euodia and Syntyche, you both belong to how I always obeyed the law. the Lord, so please agree with each other. 3For 7At one time all these things were impor- this I make a special request to my friend who tant to me. But because of Christ, I decided has served with me so faithfully: Help these that they are worth nothing. 8Not only these women. They worked hard with me in telling things, but now I think that all things are people the Good News,* together with Clem- worth nothing compared with the greatness ent and others who worked with me. Their of knowing Christ Jesus my Lord. Because names are written in the book of life.b of Christ, I lost all these things, and now I 4Always be filled with joy in the Lord. I will know that they are all worthless trash. All I say it again. Be filled with joy. want now is Christ. 9I want to belong to him. 5Let everyone see that you are gentle and In Christ I am right with God, but my being kind. The Lord is coming soon. 6Don’t worry right does not come from following the law. It about anything, but pray and ask God for comes from God through faith. God uses my everything you need, always giving thanks for faith ina Christ to make me right with him. what you have. 7And because you belong to 10All I want is to know Christ and the power Christ Jesus, God’s peace will stand guard over that raised him from death. I want to share all your thoughts and feelings. His peace can in his sufferings and be like him even in his do this far better than our human minds.c death. 11Then there is hope that I myself will 8Brothers and sisters, continue to think about somehow be raised from death. what is good and worthy of praise. Think about what is true and honorable and right and pure Trying to Reach the Goal and beautiful and respected. 9And do what you 12I don’t mean that I am exactly what God learned and received from me—what I told wants me to be. I have not yet reached that you and what you saw me do. And the God goal. But I continue trying to reach it and make who gives peace will be with you. it mine. That’s what Christ Jesus wants me to do. It is the reason he made me his. 13Brothers Paul Thanks the Philippian Believers and sisters, I know that I still have a long way 10I am so happy, and I thank the Lord that to go. But there is one thing I do: I forget what you have again shown your care for me. You is in the past and try as hard as I can to reach continued to care about me, but there was the goal before me. 14I keep running hard no way for you to show it. 11I am telling you toward the finish line to get the prize that this, but not because I need something. I have is mine because God has called me through learned to be satisfied with what I have and Christ Jesus to life up there in heaven. with whatever happens. 12I know how to live 15All of us who have grown to be spiritu- when I am poor and when I have plenty. I ally mature should think this way too. And have learned the secret of how to live through if there is any of this that you don’t agree any kind of situation—when I have enough to with, God will make it clear to you. 16But eat or when I am hungry, when I have every- we should continue following the truth we thing I need or when I have nothing. 13Christ already have. is the one who gives me the strength I need 17Brothers and sisters, join together in fol- to do whatever I must do. lowing my example. Also, learn by watching 14But it was good that you helped me those who are living the way we showed you. when I needed help. 15You people in Philippi 18There are many who live like enemies of remember when I first told the Good News* the cross of Christ. I have often told you about there. When I left Macedonia,* you were the them. And it makes me cry to tell you about only church* that gave me help. 16Several them now. 19The way they live is leading them times you sent me things I needed when I to destruction. They have replaced God with was in Thessalonica. 17Really, it is not that their own desires. They do shameful things, I want to get gifts from you. But I want you and they are proud of what they do. They to have the benefit that comes from giving. think only about earthly things. 20But the 18I have everything I need. I have even more government that rules us is in heaven. We are b 4:3 book of life God’s book that contains the waiting for our Savior, the Lord Jesus Christ, names of his chosen people. See Rev. 3:5; 21:27. 21 to come from there. He will change our c 4:7 can do … minds Literally, “surpasses (is better than) every mind,” which could also have the mean- a 3:9 my faith in Or “the faithfulness of.” ing “is beyond all understanding.” PHILIPPIANS 4:19 962 than I need. I have all I need because Epaph- 21Give our greetings to God’s people there— roditus brought your gift to me. Your gift is to each one who belongs to Christ Jesus. Those like a sweet-smelling sacrifice* offered to in God’s family who are with me send you God. God accepts that sacrifice and it pleases their greetings. 22And greetings to you from him. 19My God will use his glorious riches to all of God’s people here, especially those who give you everything you need. He will do this work in the service of the emperor.* through Christ Jesus. 20Glory* to our God and 23The grace* of the Lord Jesus Christ be Father forever and ever. Amen.* with you all. Colossians
1Greetings from Paul, an apostle* of Then you will be happy 12and give thanks 1 Christ Jesus. I am an apostle because that to the Father. He has made you able to have is what God wanted. Greetings also from what he has promised to give all his holy Timothy, our brother in Christ. people,* who live in the light.* 13God made 2To the holy* and faithful brothers and sis- us free from the power of darkness.* And he ters in Christ who live in Colossae. brought us into the kingdom of his dear Son. Grace* and peace to you from God our 14The Son paid the price to make us free. In Father. him we have forgiveness of our sins. 3In our prayers we always thank God for you. He is the Father of our Lord Jesus Christ. The Son of God Is the Same as God 4We thank him because we have heard about 15 No one can see God, the faith you have in Christ Jesus and the love but the Son is exactly like God. you have for all of God’s people. 5Your faith He rules over everything that has been and love continue because you know what is made.c waiting for you in heaven—the hope you have 16 Through his power all things were made: had since you first heard the true message, the things in heaven and on earth, seen and Good News* 6that was told to you. Through- not seen— out the world, this Good News is bringing all spiritual rulers, lords, powers, and blessings and is spreading. And that’s what authorities. has been happening among you since the first Everything was made through him and for time you heard it and understood the truth him. about God’s grace. 7You heard it from Epa- phras, our dear friend and co-worker. He is a 17 The Son was there before anything was faithful servant of Christ for us.a 8He also told made. us about the love you have from the Spirit.* And all things continue because of him. 9Since the day we heard these things about 18 He is the head of the body, which is the you, we have continued praying for you. This church.* is what we pray: He is the beginning of everything else. And he is the first among all who will that God will make you completely sure be raised from death.d of what he wants by giving you all the So in everything he is most important. wisdom and spiritual understanding you need; 19 God was pleased for all of himself to live 10 that this will help you live in a way that in the Son. brings honor to the Lord and pleases 20 And through him, God was happy to him in every way; bring all things back to himself again— that your life will produce good works of things on earth and things in heaven. every kind and that you will grow in God made peace by using the blood your knowledge of Godb; sacrifice of his Son on the cross. 11 that God will strengthen you with his own great power, so that you will be patient 21At one time you were separated from God. and not give up when troubles come. You were his enemies in your minds, because a 1:7 us Many ancient Greek copies have “you.” c 1:15 He … made Literally, “{He is the} firstborn of b 1:10 that your life … God Or “that your knowledge all creation.” See “firstborn” in the Word List. of God will produce more and more good works of d 1:18 first … death Literally, “firstborn from the every kind in your life.” dead.” License Agreement for Bible Texts
World Bible Translation Center Last Updated: September 21, 2006
Copyright © 2006 by World Bible Translation Center All rights reserved.
These Scriptures: • Are copyrighted by World Bible Translation Center. • Are not public domain. • May not be altered or modified in any form. • May not be sold or offered for sale in any form. • May not be used for commercial purposes (including, but not limited to, use in advertising or Web banners used for the purpose of selling online add space). • May be distributed without modification in electronic form for non-commercial use. However, they may not be hosted on any kind of server (including a Web or ftp server) without written permission. A copy of this license (without modification) must also be included. • May be quoted for any purpose, up to 1,000 verses, without written permission. However, the extent of quotation must not comprise a complete book nor should it amount to more than 50% of the work in which it is quoted. A copyright notice must appear on the title or copyright page using this pattern: “Taken from the HOLY BIBLE: EASY-TO-READ VERSION™ © 2006 by World Bible Translation Center, Inc. and used by permission.” If the text quoted is from one of WBTC’s non-English versions, the printed title of the actual text quoted will be substituted for “HOLY BIBLE: EASY-TO-READ VERSION™.” The copyright notice must appear in English or be translated into another language. When quotations from WBTC’s text are used in non-saleable media, such as church bulletins, orders of service, posters, transparencies or similar media, a complete copyright notice is not required, but the initials of the version (such as “ERV” for the Easy-to-Read Version™ in English) must appear at the end of each quotation.
Any use of these Scriptures other than those listed above is prohibited. For additional rights and permission for usage, such as the use of WBTC’s text on a Web site, or for clarification of any of the above, please contact World Bible Translation Center in writing or by email at [email protected].
World Bible Translation Center P.O. Box 820648 Fort Worth, Texas 76182, USA Telephone: 1-817-595-1664 Toll-Free in US: 1-888-54-BIBLE E-mail: [email protected]
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