Infringement

john1082 · #1 12-13-2006, 07:47 PM

But if we fail to defend we could lose the exclusivity that trademark protection provide.

The big question is the level of priority assigned to this fight. The wheels of justice grind slowly. The best way to watch the progress is to check back ontheir web site from time to time and see if it is still on Myspace.

Quote:

Originally Posted by CPickering

Response:

I really believe all of us have a strong distaste left in our mouths after this incident. It also seems everyone agrees on the fact this act is definately 'ripping us off.' The singlemost point of disagreement does not lie in whether or not someone does not think it is annoying or wrong, but simply the priority of the matter. We all know it goes against us. We all know this group of people is profiting from our copyrighted images.

However, is it really a big enough matter to have IHQ spend time, money, and energy deliberating over? Is a small-time band who will probably not get very far, who is using our coat of arms for a 'small' profit a big enough deal for such a hassel to be made? I have to side with PiLambda1 on this. My answer is no, it is not.

I would much rather see our manpower and resources be pooled for more pressing and potentially long term issues.

Tom Earp · #2 12-14-2006, 03:47 PM

Point well taken John G!

If as you say if We as a International Fraternity do not persue this situation and lose the copyright then we are remiss. But I hardly think this will just go by the wayside for that very reason.

Be aware that the current management at IHQ are no slouches and Brother Biff can and does have a legal mind and a long memory!

I am sure as we type things are in the working process!

Crescent182 · #3 12-15-2006, 10:27 AM

True,
Here's another spin on it. Can you imagine the stink that would occur if a major label signed them and the band insisted on using "their" logo? For the time being they are just another run-of-the-mill independent band that will probably break rather than be discovered and signed.
If they were under the umbrella of a label and using the COA, IHQ would definitely go after them.

Tom Earp · #4 12-15-2006, 05:51 PM

Quote:

Originally Posted by Crescent182

True,
Here's another spin on it. Can you imagine the stink that would occur if a major label signed them and the band insisted on using "their" logo? For the time being they are just another run-of-the-mill independent band that will probably break rather than be discovered and signed.
If they were under the umbrella of a label and using the COA, IHQ would definitely go after them.

LOL, I am thinking this is to funny

"IF" they may become big is an assumption first off!

Go IHQ, bend their ear and tell them the facts!

JonoBN41 · #5 12-15-2006, 06:22 PM

I keep hoping that someone will steal one of my songs, in which case I'll wait a good long time for it to make a lot of money before bringing up the fact that I wrote it.

GammaZeta · #6 12-15-2006, 08:56 PM

Ok,

So maybe I will write and compose a song with the same exact words of our creed, word for word,or maybe just take a part of our ritual and make that into a song. There are some catchy song lyrics in there!

I'll then burn some CD's and start selling them to make myself a nice profit.

Anyone see anything wrong with that?

DeltaBetaBaby · #7 12-20-2006, 01:17 AM

Quote:

Originally Posted by john1082

But if we fail to defend we could lose the exclusivity that trademark protection provide.

Interestingly enough, by bringing it to the attention of IHQ, those who saw it on there force IHQ to take action. On the other hand, if it had been left alone, and nobody could prove that IHQ knew about it, it would not have affected the right to pursue future trademark cases.

john1082 · #8 12-20-2006, 01:24 AM

I wouldn't want to place my success into the notice basket. It can always be said that "We didn't know, and if we had, we would have taken action" but Federal courts seem to look unfavorably on that argument, at least in the Central District here in California.

Much better to go after it now, when it is fresh, than bet on the court buying a notice argument later.

Ottor 246 · #9 12-20-2006, 09:03 AM

I agree. This whole thing only becomes a big deal if we don't handle it now.

It's not as if this is going to be the "trial of the century" or anything. My guess is that as soon as those jokers get a letter from a real lawyer, they'll fold up like a cheap lawn chair and steal someone else's symbol.

JoinerLxa · #10 12-20-2006, 09:32 AM

I think its "standard practice" for IHQ (or their legal firm) to send a
"cease and desist" letter to the perpetrators, notifying them that they
are violating U.S. law and could be prosecuted. As long as they don't
become "famous", nothing more would happen. I think that satisfies the
"defend or loose" condition for keeping the copyright.

I once was on faculty at a university in Indiana that did not allow
"fraternities". Instead they had "service/social organizations" that for
all practical purposes were local fraternities/sororities. All "unofficially"
adopted greek-letter names. One called itself "LXA"...they used our
letters, COA, and other emblems. Supposedly they were "initiated"
by LXA at Ball State U. and given permission to use LXA (at least
that's what they told their rushees).

After a little "infiltration", I discovered they knew nothing of LXA.
They didn't even know what PCC, VQV and ChTK stood for!

I also found out IHQ had sent them a "C&D letter" in the early 90's,
but had taken no further action. When I left in 2001, they had
"lost their charter" from the Univ. due to infractions, so I don't know
if they still exist...they were continuing to operate without Univ.
recognition at the time. They were basically the "football players'
frat".

FYI

docroc67 · #11 12-20-2006, 11:14 AM

Greetings,

I noticed last week that a seller of First Day Covers on eBay had to stop using the COAs of various fraternities and sororities that were represented by a company that held the rights to use them on sportswear and so forth. The licensing company threatened to take legal action.

Yours in ZAX,

Mike R., Z-U Zeta

JonoBN41 · #12 12-20-2006, 12:30 PM

Mike, do you mean the sellers of existing FDCs, or the makers of new ones?

john1082 · #13 12-20-2006, 02:51 PM

I had not heard of this, but I'm not surprised at all. When did this happen? An inquiring old fart mind wants to know.

Quote:

Originally Posted by JoinerLxa

I think its "standard practice" for IHQ (or their legal firm) to send a
"cease and desist" letter to the perpetrators, notifying them that they
are violating U.S. law and could be prosecuted. As long as they don't
become "famous", nothing more would happen. I think that satisfies the
"defend or loose" condition for keeping the copyright.

I once was on faculty at a university in Indiana that did not allow
"fraternities". Instead they had "service/social organizations" that for
all practical purposes were local fraternities/sororities. All "unofficially"
adopted greek-letter names. One called itself "LXA"...they used our
letters, COA, and other emblems. Supposedly they were "initiated"
by LXA at Ball State U. and given permission to use LXA (at least
that's what they told their rushees).

After a little "infiltration", I discovered they knew nothing of LXA.
They didn't even know what PCC, VQV and ChTK stood for!

I also found out IHQ had sent them a "C&D letter" in the early 90's,
but had taken no further action. When I left in 2001, they had
"lost their charter" from the Univ. due to infractions, so I don't know
if they still exist...they were continuing to operate without Univ.
recognition at the time. They were basically the "football players'
frat".

FYI

boz130 · #14 12-20-2006, 01:07 PM

These guys probably saw that the CofA was one of the most ornate in the fraternal world and chose it for that reason.

DeltaBetaBaby · #15 12-20-2006, 06:01 PM

Quote:

Originally Posted by Ottor 246

I agree. This whole thing only becomes a big deal if we don't handle it now.

It's not as if this is going to be the "trial of the century" or anything. My guess is that as soon as those jokers get a letter from a real lawyer, they'll fold up like a cheap lawn chair and steal someone else's symbol.

Ha, or when their PARENTS receive a letter from a real lawyer.