Legal Question in Intellectual Property in California

Trademarking a fraternity

I belong to a fraternity in Northern California that has expanded to several other chapters in various colleges. Now, one of the chapters has given us problems (drunken brawls, trouble with school administration, general antipathy for our chapter etc.) and no we longer want them in our organization. We have made all sorts of attempts to have them to disband and stop using our name, however they have flatly refused, perhaps out of spite. Would a trademark be a way to force them out of our organization?


Asked on 4/18/02, 4:42 pm

1 Answer from Attorneys
Keith E. Cooper Keith E. Cooper, Esq.

Re: Trademarking a fraternity

Trademark is a common method used to preserve the integrity of fraternal organizations. By holding a registered trademark, you can prevent anyone from using the name/mark/designation without your express permission. Even if you haven't registered the mark yet, you probably have a legally enforceable trademark (assuming you were first and longest in the marketplace).

In addition to keeping out "undesirables," it also gives you the right to restrict use on t-shirts, caps, etc. and charge a royalty for use of your name/logo.

If you would like to consult with me further on this issue, please feel free to telephone me in my Los Angeles office (323) 653-6580.

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Answered on 4/23/02, 5:57 pm


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