NPHC Sues Converse

[Intense1920]

This is what the shoes look like: http://www.greekchat.com/gcforums/sh...light=converse

[xp2k]

Originally posted by Intense1920
This is what the shoes look like: http://www.greekchat.com/gcforums/sh...light=converse

Those pictures should clear up any questions...

[PhiPsiRuss]

Originally posted by sphinxpoet
Actually 1906 and 06 are trademark properties of Alpha Phi Alpha Fraternity Incorporated.

I believe that numbers can not be generically trademarked. The can only be trademarked in the context of a specific industry.

[PsychTau]

The fact that they're using the name "Greekpak" doesn't help their case any either.......

Don't you think a Greek or someone very familiar with the Divine Nine had to come up with this product? A general person wouldn't really make the connection between colors and dates, unless they were paying sharp attention or knew quite a bit about the Greek System already. Interesting....

PsychTau

[Lady Pi Phi]

What if Converse had wanted to pay for permission to use the colours and dates from the beginning to market these shoes to members of NPHC groups. Would your nationals have allowed this?

[greeklawgirl]

From looking at the pictures, I think this lawsuit is going to be based on a trade dress (not trademark) cause of action. I also think Converse tiptoed right up to the *very edge* of the line between legal and trade dress violation.

This is going to be an interesting case and I'll definitely be following it.

[PM_Mama00]

Originally posted by DeltaSigStan
Too bad we're both 1899.

Lol yeeeah that's what I meant!

[Japera1920]

I am glad that action is being taken.

[absolutuscchick]

Originally posted by DeltaSigStan
Too bad we're both 1899.

LOL!

[Munchkin03]

I'm glad that action is being taken too. It is quite obvious that they are using D9 symbols, including dates and colors, to market them to NPHC members. Had they just used the colors, that's okay--after all, there's no lawsuit against Lilly! But, if she started emblazing Ivy leaves and 1908, or turtles and 1902...

Lastly, I would also trust a member of APhiA, who has long contributed positive posts to the discussions at hand, to know what terms are trademarked/tradedressed by his organization and which ones aren't.

[sugar and spice]

Originally posted by Lady Pi Phi
What if Converse had wanted to pay for permission to use the colours and dates from the beginning to market these shoes to members of NPHC groups. Would your nationals have allowed this?

I imagine so. It just comes down to a question of unauthorized merchandise. When you're selling merchandise that uses trademarks of a certain GLO, you have to pay for a license that allows you to do that. Every GLO has problems with people doing this, but most of the time they're small companies -- not large corporations like Converse. I imagine the decision to go after Converse was simply a matter of economics, since they stand to make a lot more money using the NPHC orgs' image than your average person making letter sweatshirts in their basement without a license.

Originally posted by PsychTau
The fact that they're using the name "Greekpak" doesn't help their case any either.......

Don't you think a Greek or someone very familiar with the Divine Nine had to come up with this product? A general person wouldn't really make the connection between colors and dates, unless they were paying sharp attention or knew quite a bit about the Greek System already. Interesting....

PsychTau

The impression that I get is that within the "black community" HBGLOs are very recognizable. This has part to do with the fact that there are only nine of them, as opposed to 90-something NPC/NIC organizations, and part to do with the fact that they tend to be more involved with their organizations after graduations, and part to do with the fact that they do more work outside of the college community than we do (and I'm sure there are other factors too). So it wouldn't be very tough for someone who isn't Greek to be familiar with GLO colors and symbols, especially if they went to a HBCU or another college where the organizations generally have a strong precense.

I also want to point out that in NPHC organizations, the founding year seems to have more significance than it does in NIC/NPC. If you look at their websites, a lot of them include the founding year, as in www.aka1908.org. If you went to a school where Tri Delt was big, you might know that our colors were blue, gold and silver but probably not that we were founded in 1888. The impression that I get is that founding years are a more well-known fact to those familiar with the Divine Nine than they are with NPC/NIC groups.

[PhiPsiRuss]

My guess is that this will not go to court. I think that Converse will settle with the NPHC groups on a licencing fee structure out of court, and that everyone will be happy.

[squirrely girl]

at any rate they are cute shoes...just a shame 'bout the copyright stuff...

marissa

[starang21]

Originally posted by Lady Pi Phi
What if Converse had wanted to pay for permission to use the colours and dates from the beginning to market these shoes to members of NPHC groups. Would your nationals have allowed this?

well, as long as only members of our organizations are the only ones who are buying them. it's like the T-shirts, line jackets, ect..it's all nalia, there are rules for this type of thing.

[meridionaleDG]

I don't know. You can obviously see the comparison, but I think converse has enough high priced payed lawyers they ran the idea past to make sure they couldn't get in trouble for it.

Big name companies don't usually do that kind of stuff on a whim without making sure they can get away with it.