www.divine9forobama .com

Don't know how a whole org. can speak for one. Also, is this company given any money to Obama's campaign?

I don't know who is behind this but it is a HUGE no no! Speaking for MY ORGANIZATION, it is a non profit and therefore CANNOT endorse a candidate. They will be getting a cease and desist shortly.

Avery Matthews
M Square Designs, Inc.
4924 Stone Gate Trail
McKinney, Texas 75075
Re: National Pan-Hellenic Council
Dear Mr. Matthews:
This firm has been retained to represent the National Pan-Hellenic Council ("NPHC") with respect to their intellectual property. It has come to our attention that your company is using trademarks owned by the individual NPHC organizations to promote your web site and certain political campaigns without their permission. Your actions are unlawful.
As you are aware the NPHC is a collaboration of the nine national, historically black Greek lettered fraternities and sororities, namely, Alpha Phi Alpha, Omega Psi Phi, Phi Beta Sigma, Kappa Alpha Psi, Sigma Gamma Rho, Alpha Kappa Alpha, Delta Sigma Theta, Iota Phi Theta and Zeta Phi Beta. These organizations are often collectively referred to, as you have done on your web site, as the "Divine Nine."
The individual NPHC organizations own families of federal and common law trademarks that include their names, colors and Greek letter representations. The use of the NPHC's trademarks by your company is without the NPHC's permission and is illegal. Therefore, you are instructed to immediately CEASE AND DESIST your illegal use of the NPHC's trademarks. The continued unauthorized use of the NPHC's trademarks violates numerous state and federal statutes. For example, the unauthorized use violates 15 U.S.C. § 1114(a) for trademark infringement; 15 U.S.C. § 1125(a) for false designation of origin and false representation; and 15 U.S.C. § 1125(a) for trademark dilution; common law trademark infringement; common law unfair competition; and unjust enrichment.
Your violations will entitle the NPHC to recover your company's profits, damages sustained by the NPHC, and costs of any litigation. In addition your behavior will be considered willful entitling the NPHC to recover enhanced damages up to three times the amount awarded by a judge or jury.
Avery Matthews
March 5, 2008
Page 2
Finally, the NPHC will also have the right to seek and enforce a temporary restraining order as well as a temporary and permanent injunction against your unlawful use of its trademarks. Any legal action that may result from your acts will be expensive and unnecessary. However, the NPHC is fully prepared to pursue its civil remedies. If formal action is to be avoided, the NPHC insists that you immediately cease all uses of its trademarks. To comply with this demand, you must on or before noon C.S.T, Friday, March 7, 2008, among other things, take the following steps immediately: remove the NPHC's trademarks from your web site and all promotional materials; disable your web site located <http://divine9forobama.com/> and discontinue the use of "divine9forobama". The NPHC is prepared to file a lawsuit against anyone who uses its trademarks without permission, this includes your organization.
Finally, it is important that you not destroy copies of anything you have that displays or uses NPHC's intellectual property. Destroying any infringing item at this point will neither remedy your past illegal conduct, nor conclude our investigation. The destruction or spoliation of evidence may result in additional legal sanctions and may also prejudice our ability to reach a mutually satisfactory resolution of this matter. You should also instruct everyone within your company to discontinue any destruction of the items mentioned in this paragraph.
My clients are fully prepared to pursue their civil remedies in this matter. A resolution short of litigation may be possible but, if formal action is to be avoided, we insist that you cease your infringing conduct immediately.
Please contact me immediately to confirm your compliance with the demands in this letter. This letter shall not waive, affect, or impair any rights, remedies or defenses of the NPHC, including without limitation, the right to seek ex parte injunctive relief from the appropriate court.
I look forward to your prompt response.
Sincerely,
Michael D. Pegues
MDP:jdf
Dallas 1329424_

You called it Glenda.

Looks like homeboy took the hint. The website doesn't work anymore.

Too bad... I like the idea... too bad dude didn't go through the correct channels first...

PMuAce1898

quote:

Originally posted by pmuace1898:
Too bad... I like the idea... too bad dude didn't go through the correct channels first...

PMuAce1898

It could never have happened. Non profit orgs like ours cannot endorse candidates.

"Unlawful use".

quote:

Originally posted by Glenda the Good:

quote:

Originally posted by pmuace1898:
Too bad... I like the idea... too bad dude didn't go through the correct channels first...

PMuAce1898

It could never have happened. Non profit orgs like ours cannot endorse candidates.

I know and I understand that... Alpha Phi Alpha doesn't endorse politicians or political parties but we push voter registration and getting people to VOTE.

Last year an Alpha man was running for office and he announced that he's running as a Republican and he's a member of the Fredrick Douglass Republican Club...



You could have heard a pin drop in the room... Brutha or no brutha as 4 ME I'm not supporting a Republican candidate PERIOD. Those days of "the party of Lincoln the Emancipater" are LONG gone...

PMuAce1898

Yes it is still working, try this.

He's got a little disclaimer too...LOL!

25% OF ALL NET PROCEEDS WILL BE CONTRIBUTED TO BARACK OBAMA'S CAMPAIGN!
Greek Letter Organizations were created to celebrate the collective heritage, social responsibilities and desires to improve the equality of the community and mankind. We can improve our communities by coming together and backing Barack all the way to the white house, making him the first black President. This can be done through phone calls, raising money and bringing new people into the political process. Together we can create a national movement that will shock the world. VOTE OBAMA!
Disclaimer
This website is not affiliated with the
National Pan-Hellenic Council, Inc. (NPHC)
or any Greek Letter Organizations.

Here's two of the shirts for ladies!

This message has been edited. Last edited by: The Camera,

To me its still bullish and I still don't like it
I just don't want the entire organization associated with anything unless it came from National Headquarters. I'm cool with Obama and all, its just a bad precedent to set.

Besides that, I don't think that disclaimer is going to float. He is still using certain symbols and he still does not have a license. Any legal opinions???

I'm not a lawyer nor a member of any sorority, but I wonder if the creator of these shirts may have been trying to be slick by not using the full name of the orgs on the shirt.

Is "Nupe" or "Ice Cold" or "Omega" trademarked phrases for the respective orgs? And it seems he is no longer using "Divine 9" on the website.

The negro is looking to make a dime and knows that many greeks will run out and spend their money on ANYTHING with their org's insignia on it. It turns my stomach. Stop supporting the exploitation of your own organization.

I bet you those "Bama" shirts will sell well for students/alumni of Alabama State and Alabama A&M

{snickering violently}

My boyfriend just met this dude at a Pan meeting. He is an Omega. At least he has since taken all NPHC stuff down off his site.

quote:

Originally posted by Glenda the Good:


He is still using certain symbols and he still does not have a license. Any legal opinions???

I notice that he is using only individual symbols, instead of the greek affiliated symbols in sequence for each org. Are individual greek symbols trademarked by the orgs., or are they in the public domain? Same question for the colors, or combination thereof?

Just questions. I'm in no way co-signing what he's doing...