Indiana Court Rules In Favor Of Greek Licensing Programs

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The six plaintiffs: ATW, DDD, DTD, KS, SN, SFE

Indiana Court Rules In Favor Of Greek Licensing Programs

Vista, Calif. – November 1, 2004 – Last week, in the Southern District of Indiana, U.S. District Court Judge Sarah Evans Barker ruled in favor of six Greek-letter organizations in a trademark infringement lawsuit against Pure Country, Inc., a North Carolina manufacturer of afghans and blankets. The judge ruled in favor of the Greek organizations on counts of trademark infringement, unfair competition and breach of contract.

Until this ruling, Sigma Chi was the only Greek organization that had filed and won a trademark infringement case against an unlicensed company. The ruling against Pure Country legitimizes and broadens the impact of licensing on the Greek industry, reinforcing trademark rights for Sigma Chi and other Greek organizations.

The six plaintiffs, which included Alpha Tau Omega, Delta Delta Delta, Delta Tau Delta, Kappa Sigma, Sigma Nu and Sigma Phi Epsilon, filed their case against Pure Country for failing to abide by the continuing obligations of its mutually executed license agreements with the Greek-letter organizations. The six fraternal organizations filed suit upon discovering that Pure Country was continuing to sell products containing the organizations’ protected marks after having canceled its license agreements with the organizations.

“Tri Delta continues to take active steps to manage our trademark rights through licensing, and this favorable ruling reinforces the valuable relationships we’ve created with more than 100 quality licensees to date,” said Cari Cook, executive director for Delta Delta Delta.

“Rulings in recent years have consistently supported Greek trademark rights, creating an unstoppable momentum behind this movement,” said Wynn Smiley, CEO of Alpha Tau Omega. “Unlicensed manufacturers of Greek merchandise can no longer claim ignorance about the legitimate trademark rights of Greek organizations. As such, we’re seeing a significant increase in licensing applications from vendors, reducing the need for further litigation to protect our trademark rights in the future.”

To date, more than 42 national Greek-letter organizations, representing more than four million households, proactively manage comprehensive licensing programs that grant companies approval to use their trademarks on high-quality and appropriate products and services. For a complete copy of the Judge Barker’s ruling, visit www.greeklicensing.com.

Sigma Chi has a separate breach of contracts and trademark infringement claim pending against Pure Country in a Missouri federal court.

© 2004, Sigma Chi International Headquarters

edited to get the link to work