Paddletramps Decision Modified

Tim Burke, Manley Burke, tburke@manleyburke.com

The victory secured in protecting the trademark rights of fraternities and sororities in the Paddletramps case has been reaffirmed by the United States Court of Appeals for the Fifth Circuit. After the Court of Appeals original decision was issued in December of last year, Pad­dletramps sought a hearing en bane, requesting all of the judg­es of the Court of Appeals to hear the matter and alternatively sought a re-hearing before the original three judge panel.

On February i\ the en bane hearing was denied and re-hearing granted, but only to the extent that the court modi­fied its original decision, strengthening its conclusion that even though the Greek organizations were not entitled to compensation for Paddletramps’ past infringements, they could and the courts would prohibit Paddletramps’ future infringement of the fraternities and sororities trademarked property rights. ¹ While Paddletramps may now attempt to appeal this case to the Unit­ed States Supreme Court, it would appear to be highly unlikely for the high court to even accept the case for consideration.

The Paddletramps decision should stand as a strong deterrent against future infringers.

1. Abraham v. Alpha Chi Omega, 2013 U.S. App. LEXIS 2799 (5th Cir. 2013).