Appeals Court Reinstates Black Fraternities and Sororities Case against Converse
DALLAS--(BUSINESS WIRE)--April 17, 2006--In a major victory for the NPHC's African-American Fraternities and Sororities, the Fifth Circuit Court of Appeals panel agreed unanimously to reinstate a landmark trademark infringement and trademark dilution lawsuit filed by The Pittman Law Firm, P.C. and Davis and Kendall, P.C. on behalf of Alpha Kappa Alpha and Delta Sigma Theta Sororities and Alpha Phi Alpha, Kappa Alpha Psi, Omega Psi Phi, and Phi Beta Sigma Fraternities.
The original case arose out of a complaint filed on December 11, 2003, in the United States District Court for the Northern District of Texas, Dallas Division, on behalf of six predominantly African-American fraternities and sororities against Converse, a manufacturer of sneakers and basketball shoes, alleging federal and state claims of trademark and trade dress infringement, as well as unfair competition. The sororities and fraternities own a series of trademarks and trade dress, some of which contain the founding year(s), colors and identification of the plaintiffs. According to the complaint, Converse produced and marketed a line of athletic shoes called the GREEKPAK Weapon basketball shoe that features a two-color combination associated with one of the organizations and a small embroidered date near the heal of the shoe that corresponds to the founding year of that same organization. The district court granted Converse's motion to dismiss on January 12, 2005.
However, in an opinion just written by the Chief and Presiding Justice of Fifth Circuit Court of Appeals, the Court, citing to the "detailed description of the claimed marks or dress in the plaintiff's complaint," ruled that "the district court's conclusion (to dismiss the case) is difficult to square with the excerpts from the complaint." In finding that the petition clearly demonstrated the required elements for trademark and trade dress infringement, trademark dilution and unfair competition, the high court ruled that the case should not have been dismissed and ordered that it be sent back immediately to the District Court. Converse was also ordered to pay the court costs and filing fees for losing the appeal.
Aubrey "Nick" Pittman, one of the counsel for the Fraternities and Sororities, said, "This represents a major victory for these organizations. Converse flagrantly infringed these trademarks and tried to use its corporate muscle to make money through unfair competition by using the protected property of these groups. Apparently, Converse assumed that it could take rights that did not belong to it without ramifications. It underestimated the fight in these organizations. The court's opinion essentially guarantees these organizations that they will have an opportunity to present Converse's brazen actions to a jury. This opinion will send a strong statement that these groups will not allow anyone to infringe upon their rights and this strong ruling from the appeals court will positively change the dynamics of protection of these organizations' intellectual property rights."
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