×
  • Home
  • About
    • Firm Overview
    • Experience
    • Fraternal Law Conference
    • Conference Sponsorship
  • Our Attorneys
    • Overview
    • Timothy M. Burke
    • Sean P. Callan
    • John E. Christopher
    • Amy M. Hebbeler
    • Patrick K. Hogan
    • Micah E. Kamrass
    • Ilana L. Linder
    • Jacklyn D. Olinger
    • Jacob W. Purcell
    • Jeffrey C. Sun
  • Practice Areas
    • Overview
    • Real Estate and Housing
    • Tax
    • Employment Issues
    • Corporate Governance
    • Grant-Making
    • Litigation
    • Risk Management & Hazing
    • Fundraising & Stewardship
    • State Registration for Greek Foundations
  • Client Resources
  • Anti-Hazing
  • Contact
    • Contact Us
    • Join Our Newsletter
    • Facebook
    • Twitter
    • Instagram
  • Newsletter

The health and safety of our employees, customers and communities are our top priority. Read about our response to COVID-19.

  • Home
  • About
    • Firm Overview
    • Experience
    • Fraternal Law Conference
    • Conference Sponsorship
  • Our Attorneys
    • Overview
    • Timothy M. Burke
    • Sean P. Callan
    • John E. Christopher
    • Amy M. Hebbeler
    • Patrick K. Hogan
    • Micah E. Kamrass
    • Ilana L. Linder
    • Jacklyn D. Olinger
    • Jacob W. Purcell
    • Jeffrey C. Sun
  • Practice Areas
    • Overview
    • Real Estate and Housing
    • Tax
    • Employment Issues
    • Corporate Governance
    • Grant-Making
    • Litigation
    • Risk Management & Hazing
    • Fundraising & Stewardship
    • State Registration for Greek Foundations
  • Client Resources
  • Anti-Hazing
  • Contact
    • Contact Us
    • Join Our Newsletter
    • Facebook
    • Twitter
    • Instagram
513-721-5525
Fraternal Law

Fraternal Law Newsletter

Publications

Newsletter


Articles

  • Ethical Issues for Attorneys to Fraternal Organizations: Legal Representation and Board Service
  • State Registration Requirements and Considerations
  • Court of Appeals Upholds Paddletramps Decision
  • Chico State Suspends All Greek Organizations
  • Public/Private Partnerships in Greek Housing; Does the Reward Justify the Risk?

Search

Newsletter > January 2013 > "Court of Appeals Upholds Paddletramps Decision"

Court of Appeals Upholds Paddletramps Decision

Tim Burke, Manley Burke, tburke@manleyburke.com


The long-running Paddletramps litigation, testing the strength of fraternity and sorority trademarks, appears to be at an end with a significant victory on behalf of the Greek organizations.  On December 6th the Fifth Circuit United States Court of Appeals upheld the trial court’s decision in the case originally filed by 32 Greek organizations five years ago.1

Both sides had appealed the trial court’s decision.  Greek groups appealed because the trial court decision refused to permit the recovery of damages for the past use of their trademarks, finding that the Greeks had waited too long to attempt to recover those damages.  The Court of Appeals upheld that decision.

More importantly, looking to the future, the Court of Appeals also upheld the trial court’s decision granting an injunction against Paddletramps, prohibiting its continued use of those trademarks, including the Greek letter combinations, the full names or nicknames of the groups, any crest or coat of arms, seal, flag, badge, emblem or slogan identifiable with any of the Greek groups.  The only exception was that Paddletramps was allowed to continue to utilize LICENSED crest decals of the Greek organizations.  In the future, Paddletramps could use such trademarked properties without violating the court’s order if it entered into license agreements with the Greek groups permitting that.

Dan Shaver, the President of Affinity Consultants who represents many fraternities and sororities in negotiating trademark licensing agreements with vendors, reports that the Paddletramps litigation has benefited fraternities and sororities because it has:

  • Confirmed the trademark ownership rights of Greek organizations in a published federal court decision;
  • Expanded the traditional definition of a trademark to include any nicknames or symbols that the Greek organizations use in trade;
  • Challenged the longest and most recalcitrant infringer selling in Greek industry, and levied a fairly comprehensive injunction against them; and
  • Provided a valuable insight that organizations will be vulnerable in the future, if the organizations are slow to enforce trademark rights.

Paddletramps has the option of seeking reconsideration or appealing to the United States Supreme Court.  But such relief is rare and the Court of Appeals decision will, in all likelihood, be the final word.

 

1  Abraham v. Alpha Chi Omega, ____ F.3d ___, 20RWL6052376 (2012)

JOIN OUR NEWSLETTER

Attorney Advertising. The laws governing legal advertising in the state of Ohio require the following statement in any publication of this kind: "THIS IS AN ADVERTISEMENT." This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Copyright © 2023 Fraternal Law Partners. All rights reserved.

Privacy Policy Disclaimer
Fraternal Law

Newsletters

Sign Up For Updates

Get the latest news from Fraternal Law Partners in your inbox.

    By submitting this form, you are consenting to receive marketing emails from: Fraternal Law Parnterns. You can revoke your consent to recieve emails at any time by using the SafeUnsubscribe® Link, found at the bottom of every email. Emails are serviced by Constant Contact.