Infringement

DeltaBetaBaby · #1 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 · #2 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 · #3 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 · #4 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 · #5 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 · #6 12-20-2006, 12:30 PM

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

docroc67 · #7 12-20-2006, 04:38 PM

Quote:

Originally Posted by JonoBN41

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

Brother Jono,

I think the fellow in question does both. I am pretty sure that they normally go after the makers. But, they may be arguing that even the display of them in this situation is not authorized.

I am not a legal expert, but I do know that he has started to cover up the COAs on the FDCs! However, the COAs are still there when they get to the buyer.....

Happy Holidays (Merry Christmas and Happy New Year!),

Yours in ZAX,

Mike R., Z-U Zeta

john1082 · #8 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 · #9 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 · #10 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.