Black sororities and fraternities file trademark infringement suit against converse

Jet, Jan 19, 2004

Four Black fraternities and two Black sororities have filed a lawsuit against sports apparel company Converse, Inc. for trademark infringement and deceptive trade practices.

The lawsuit, filed in the United States District Court for the Northern District of Texas, Dallas Division, maintains that Converse has been manufacturing, marketing, and selling athletic footwear, called the GreekPak, to members and supporters of Black fraternities and sororities. This conduct constitutes trademark and trade dress infringement, as well as unfair competition and deceptive trade practices, according to the lawsuit.

The plaintiffs listed in the suit are: Alpha Kappa Alpha Sorority, Inc., Alpha Phi Alpha Fraternity, Inc., Kappa Alpha Psi Fraternity, Inc., Omega Psi Phi Fraternity, Inc., Delta Sigma Theta Sorority, Inc., and Phi Beta Sigma Fraternity, Inc.

The GreekPak shoes "contain the identical founding year and organizational colors as our respective organizations and was an obvious attempt by Converse to capitalize on the goodwill our groups have worked so hard to develop. This was no coincidence," said Harry Johnson, national president of Alpha Phi Alpha Fraternity, Inc.

The lawsuit charges that Converse has enriched itself at the expense of the Black fraternities and sororities and the unsuspecting consumers who believe that Converse has permission from and endorsement by these Black groups to sell the shoes.

The lawsuit seeks damages for past acts of infringement, punitive damages, and requests that Converse be enjoined from continuing to sell these products without permission.

"These organizations, which boast a diverse membership of hundreds of thousands of members worldwide, feel that their marks are just as important as Converse," said John S. Kendall of Davis & Kendall P.C. in Chicago.

Kendall and Aubrey "Nick" Pittman of the Pittman Law Firm in Dallas, TX, are representing the case.

The Council of Presidents, comprised of the heads of the nine predominantly Black fraternities and sororities, strongly supports this suit.

Helen J. Owens, chair of the Council of Presidents and International Grand Basileus of Sigma Gamma Rho Sorority, Inc., said, "We were concerned that Converse, using unfair competition and infringing upon our groups' intellectual property, had deliberately and callously decided to target the members of our organizations for sales of its shoes without obtaining any sort of permission from our groups."

George Grace, national president of Omega Psi Phi Fraternity, Inc., explained, "This lawsuit will send the message to large and small companies that our organizations will aggressively protect our rights and will not tolerate anyone infringing upon these rights without us taking action."