March 5, 2008
Via Electronic Mail and Certified Mail Return Receipt Requested
averymatthews@yahoo.com
sales@divine9forobama.com
shipping@divine9forobama.com
questions@divine9forobama.com
Avery Matthews
M Square Designs, Inc.
4924 Stone Gate Trail
McKinney, Texas 75075
Re: National Pan-Hellenic Council
Dear Mr. Matthews:
This firm has been retained to represent the National Pan-Hellenic Council ("NPHC") with respect to their intellectual property. It has come to our attention that your company is using trademarks owned by the individual NPHC organizations to promote your web site and certain political campaigns without their permission. Your actions are unlawful.
As you are aware the NPHC is a collaboration of the nine national, historically black Greek lettered fraternities and sororities, namely, Alpha Phi Alpha, Omega Psi Phi, Phi Beta Sigma, Kappa Alpha Psi, Sigma Gamma Rho, Alpha Kappa Alpha, Delta Sigma Theta, Iota Phi Theta and Zeta Phi Beta. These organizations are often collectively referred to, as you have done on your web site, as the "Divine Nine."
The individual NPHC organizations own families of federal and common law trademarks that include their names, colors and Greek letter representations. The use of the NPHC's trademarks by your company is without the NPHC's permission and is illegal. Therefore, you are instructed to immediately CEASE AND DESIST your illegal use of the NPHC's trademarks. The continued unauthorized use of the NPHC's trademarks violates numerous state and federal statutes. For example, the unauthorized use violates 15 U.S.C. § 1114(a) for trademark infringement; 15 U.S.C. § 1125(a) for false designation of origin and false representation; and 15 U.S.C. § 1125(a) for trademark dilution; common law trademark infringement; common law unfair competition; and unjust enrichment.
Your violations will entitle the NPHC to recover your company's profits, damages sustained by the NPHC, and costs of any litigation. In addition your behavior will be considered willful entitling the NPHC to recover enhanced damages up to three times the amount awarded by a judge or jury.
Avery Matthews March 5, 2008 Page 2
Finally, the NPHC will also have the right to seek and enforce a temporary restraining order as well as a temporary and permanent injunction against your unlawful use of its trademarks. Any legal action that may result from your acts will be expensive and unnecessary. However, the NPHC is fully prepared to pursue its civil remedies. If formal action is to be avoided, the NPHC insists that you immediately cease all uses of its trademarks. To comply with this demand, you must on or before noon C.S.T, Friday, March 7, 2008, among other things, take the following steps immediately: remove the NPHC's trademarks from your web site and all promotional materials; disable your web site located <http://divine9forobama.com/> and discontinue the use of "divine9forobama". The NPHC is prepared to file a lawsuit against anyone who uses its trademarks without permission, this includes your organization.
Finally, it is important that you not destroy copies of anything you have that displays or uses NPHC's intellectual property. Destroying any infringing item at this point will neither remedy your past illegal conduct, nor conclude our investigation. The destruction or spoliation of evidence may result in additional legal sanctions and may also prejudice our ability to reach a mutually satisfactory resolution of this matter. You should also instruct everyone within your company to discontinue any destruction of the items mentioned in this paragraph.
My clients are fully prepared to pursue their civil remedies in this matter. A resolution short of litigation may be possible but, if formal action is to be avoided, we insist that you cease your infringing conduct immediately.
Please contact me immediately to confirm your compliance with the demands in this letter. This letter shall not waive, affect, or impair any rights, remedies or defenses of the NPHC, including without limitation, the right to seek ex parte injunctive relief from the appropriate court.
I look forward to your prompt response.
Sincerely,
Michael D. Pegues
MDP:jdf
Dallas 1329424_1 7852.1
Sorry, T La Rock, LL killed it. 
Hybrid Mode
