Divine 9 For Obama t-shirts

[DSTCHAOS]

Originally Posted by ljkelly

Individual members can't be left to their own devices? Hmm, okay......I made the decision to buy the shirt because I think it is for a good cause and it, in my opinion, did not represent the org in a negative light.

So you agree with me.

[ljkelly]

Originally Posted by DSTCHAOS

So you agree with me.

No, I can't say that I do...I believe that I can be left to my "own devices".

[DSTCHAOS]

Originally Posted by ljkelly

No, I can't say that I do...I believe that I can be left to my "own devices".

Until it came to buying this shirt.

These things aren't up to what individual members think are cute or cool. That's why we have national entities and the NPHC body to regulate these things where individual members and those who inappropriately want to profit from us lack the ability to do so.

[Ms Public Service]

Does anybody know if the person who made the Tshirts is a member of Obama campagin?

[ljkelly]

Originally Posted by DSTCHAOS

Until it came to buying this shirt.

Hey, I am not trying to be nasty here and I am guessing by the you put by your comments you aren't either but I offered my opinion just like everyone else not attacking anyone. You don't agree with my decision and that is fine, I am not asking you to. I do understand your point and I have stated that several times in my posts.

[DSTCHAOS]

Originally Posted by ljkelly

my opinion

You don't agree with my decision

Once again, this isn't about individual members' opinions. It isn't about whether you and I agree or disagree.

Score another one for our national bodies' ability to regulate where individual members can't see the forest through the trees.

[ljkelly]

Originally Posted by DSTCHAOS

Once again, this isn't about individual members' opinions. It isn't about whether you and I agree or disagree.

Score another one for our national bodies' ability to regulate where individual members can't see the forest through the trees.

Wow. I think this is a bit much, I do understand that nationals' regulate these things and I can see the forest through the trees, I am not just some lil' girl who just joined an org because of cute t-shirts. I am going to leave this discussion alone though because I think it has become nasty and that is not what I come to this board for.

[DSTCHAOS]

Let's start all over.

"Go 'head, Sistergreek!!! Whatever makes you, Obama, and that tshirt-maker happy."

[ljkelly]

Originally Posted by DSTCHAOS

Let's start all over.

"Go 'head, Sistergreek!!! Whatever makes you, Obama, and that tshirt-maker happy."

I never asked for that and I probably never should have posted at all...I stated in my first post in this thread that I understood your point. I never asked anyone to hold my hand through my purchasing of the shirt and I certaintly have never intended to be rude to you or anyone else--I was just hoping for the same respect.

[DSTCHAOS]

Originally Posted by ljkelly

I never asked for that and I probably never should have posted at all...I stated in my first post in this thread that I understood your point. I never asked anyone to hold my hand through my purchasing of the shirt and I certaintly have never intended to be rude to you or anyone else--I was just hoping for the same respect.

Well, in a thread where we are basically dismissing the shirt, a post from someone who bought the shirt (not just thought it was cute) could be received a certain way.

I haven't typed anything rude to you as far as I'm concerned. But life is grand.

[NinjaPoodle]

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

[5Knowledge1913]

Originally Posted by NinjaPoodle

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

Thanks for putting this in the thread. I was going to try to attach it, but didn't know how.

As of 9:46 a.m. EST, the site is still up.

[5Knowledge1913]

Originally Posted by ljkelly

Individual members can't be left to their own devices? Hmm, okay...while I said I understand the point being made about companies making money off the orgs and that it could be a "slippery slope" but that is something that is already done with vendors all over who are not getting clearance from nationals. I see thongs with letters on them and I know that no one's nationals said that was okay...I made the decision to buy the shirt because I think it is for a good cause and it, in my opinion, did not represent the org in a negative light.

Sistergreek, I do not think that any one is trying to attack you.

The problem with that shirt, as cute as it may be, is that if someone were to see you wearing it, with AKA symbols on it, it could imply that AKA was supporting a candidate which would be electioneering and could cause your organization to lose its tax exemption.

Yes, I've seen thongs and other crap with our letters on it, however, those things may not cause the organization to lose its tax exempt status. They are tacky yes, but the IRS doesn't care about a thong with AKA on it, but it does care about a tshirt stating that AKA supports Obama, Clinton, Nader or any one else.

Whether the entire organization supports the person or not is irrelevant, all it takes is one person wearing that shirt to cause a stir (as it has!).

[jojapeach]

^^^ Your tone is more civil than some.

The site is now http://www.greeksunitedforobama.com/home.html, and he added a disclaimer about not being affiliated wth NPHC. Interesting that there are links to the Obama website on his website as well as if Sen. Obama might be okay with this website...

[DSTCHAOS]

Originally Posted by jojapeach

^^^ Your tone is more civil than some.

Matter of perception.

And the point is still the same.

Originally Posted by jojapeach

The site is now http://www.greeksunitedforobama.com/home.html, and he added a disclaimer about not being affiliated wth NPHC. Interesting that there are links to the Obama website on his website as well as if Sen. Obama might be okay with this website...

I wonder if some of the proceeds really go to the Obama campaign. People get money all the time by pretending proceeds are forwarded to a larger cause.