Brothers:
In this our Centennial Year of Celebration I am exhilarated by the tremendous outpouring of Fraternal Spirit that I witness daily across all of Alphadom. I am excited about welcoming thousands of you to the Centennial Convention, July 25 - 30, 2006 which our 32nd General President Darryl R. Matthews Sr. has called to convene at the Marriott Wardman Tower Hotel and the Omni Shorham Hotel.
Even as we celebrate, there is no more important task than to protect the Legacy that we celebrate and the "brand" of that Legacy, our name. Brothers I am charged to inform you and to remind you that the right to license the image of the Fraternity is reserved for the Fraternity through the Corporate Headquarters.
If you are creating personal or chapter commercial marketing ventures without a contract issued by Corporate Headquarters then you are in violation of federal and state laws. All symbols of Alpha Phi Alpha Fraternity, Inc., including but not limited to the Centennial Logo are protected by federal trademark law. You may wear our letters and symbols, but you are not authorized to sell or trade them.
Unauthorized use of the Fraternity's symbols will violate numerous state and federal statutes. For example, any 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; 15 U.S.C. § 1125(a) for trademark dilution; common law and statutory injury to business reputation; common law trademark infringement; common law unfair competition; and unjust enrichment. Federal law also allows the Fraternity to recover its cost and attorneys' fees for any resulting lawsuit to enforce it rights.
In addition to federal and state trademark violation, you may also violate the federal Copyright Act. This Act provides for monetary damages that may be measured either by (1) any actual damages suffered by the Fraternity plus any profits you have made as a result of the infringement, or (2) statutory damages. 17 U.S.C. § 504. You should be aware that statutory damages can be as high as $150,000 per work infringed. In addition, the Fraternity may be entitled to recover its full costs, including attorneys' fees, for prosecuting a civil action against you under the Act.17 U.S.C. § 505. You should also be aware that willful copyright infringement done for commercial advantage or private financial gain is considered a criminal act pursuant to 18 U.S.C. § 2319 and 17 U.S.C. § 506.
Brothers anyone violating these rights will be prosecuted. Remember, be it a cap, a bottle of wine, or appearance in a movie, remember it is easier to get permission than forgiveness. Please report any suspected unauthorized use to the National Office of Alpha Phi Alpha Fraternity, Inc. or to:
generalcounsel@apa1906.net.
Willard C. Hall, Jr.,
Executive Director
Alpha Phi Alpha Fraternity, Inc.
"A Century of Leadership and Service"
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