Legal Question in Business Law in California

trademark and copyright

I sell custom printed fraternity and sorority merchandise. I don't stock any inventory, just make items that members of the organizations order. Every fraternity and sorority house a national headquarters that says their 'names' for example ''Alpha Phi'' are trademarked names. This company http://www.greeklicensing.com/ says that they represent the major fraternity and sorority organizations and that I have to be licensed to sell their product. I am only selling to the individual chapters of the organizations. So these people are members of the organization ordering for themselves. Do you think I ahve to be licensed even though I am selling something bearing the name of the organization that the person who is ordering is a member of?


Asked on 9/30/05, 2:21 am

2 Answers from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: trademark and copyright

Good question. I have not reviewed any documents and I make no guarantees. I think you to be sure you would have to see prior cases and do research. My bet is you probably are supposed to get the license. The students elect to be apart of the chapters and pay dues to the nationals. The chapters have trademarked their symbols, I assume, and therefore, your use is misappropriation if the trademark without the license.

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Answered on 9/30/05, 4:19 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: trademark and copyright

The answer is yes. It doesn't matter one bit who your customers are. You must be licensed by the holder of the copyright. You couldn't even sell to Greek Licensing itself without a license from them. Arguably, their placing the order would amount to granting you a one-time license, but not necessarily -- a court could hold that the order was their way to obtain evidence of your infringing activity.

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Answered on 9/30/05, 11:42 am


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