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First of all this case would never go to trial. All LXA wants is for them to stop using the symbols and stating they are members. All the members want to do is exist in an underground group. LXA would not want to spend their resources fighting something so trivial and, unless some kid in the group is a millionaire with nothing better to spend his trust fund on, who is going to pay for the groups lawyer, nevermind a copyright or intellectual property attorney.
In Massachusetts with our overbooked, understaffed court system, I highly doubt any judge would let this continue. A bunch of drunken frat boys running around with another frat's letters on is the very least case a judge would want to hear. In fact, I'm pretty sure the judge would point to the door, tell them to take 5 minutes and settle it, and then come back into the courtroom.
If an injury occurs, exactly what legal connection to LXA does the plaintiff have to stand on? Not one of the kids in the group is affiliated with LXA. If I go out and murder someone and say I am a member of the Masons (even though I am not) does that make the Masons responsible? Please state what legal cause of action that the plaintiff would have in suing LXA, or any group the person imagines he is part of?
I'll have to boot up good ol' Lexis Nexis after I'm done drinking tonight to take a look at Penn. law.
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