Legal Question in Intellectual Property in Indiana

FREE LEGAL QUESTION, PLEASE

I'll try to make a long story short. I sell hand made, hand stamped jewelry. I have a set of the Greek Alphabet stamps and I stamp sorority names on sterling silver and sell them as necklaces. Many other jewelry makers also do the same. I received an email from someone who wanted to know if I was "licensed" to sell them and if I sold wholesale. After speaking to my supplier who sold me the stamps I responded to her that the Greek Alphabet was not trademarked therefore there was no special license needed (response as per my supplier where I purchased the stamps.) Below is the response she sent me. Before I respond to her I wanted to be sure if it is legal to combine three Greek Alphabet Letters to spell out a sorority name and sell it without special licensing??

Hand Stamped Sorority Greek Letters, listing #52738245

by nellie0424 profile shop contact

Hi again! Yes, I had to go through a long process to get licensed. It definitely wasn't easy (or cheap!). You have to carry $1 million in liability insurance, banks records, and approval through each sorority! Every single national sorority uses the same firm to represent them, and you also have to pay advance royalties, etc...

Even for the letters, you do have to be licensed. Although each letter is not copyrighted, the combination of letters, is. Confusing, huh? ;) And so each time you make one, it's a federal copyright infringement! (fun!)

I am actually licensed, and if you decide to get rid of your Greek Alphabet stamps, just let me know! And For the tags, what would you sell the blanks for?

Thanks!

Tracy :)

13 September 2010 1:52pm EDT


Asked on 9/13/10, 11:57 am

1 Answer from Attorneys
Trezanay Atkins tmalaw llc

Hi,

Yes, every fraternity and sorority has some type of trademark protection in the names of their particular organization. So, while no one can claim rights in any individual Greek letter, they can claim rights in the name of their organization - which just happens to be a combination of three Greek letters.

Yes, you can be sued for failing to negotiate a licensing agreement with each Greek organization for the ability to put their organization's name on merchandise. Your supplier, on the other hand, does not have to obtain a license because he isn't placing any combination of letters on any merchandise. He's just selling you the alphabet.

Good luck. tma

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Answered on 11/24/10, 5:13 pm


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