October 26th, 2012 | by ANDREA DAMEWOOD News | Posted In: Cops and Courts, Gay Rights

Gay Frat Sues Gender-Neutral "Frarority" for Trademark Infringement

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National gay men’s fraternity Delta Lambda Phi filed a trademark infringement and unlawful trade suit Wednesday against a “gender neutral frarority” with a location at the University of Oregon, Delta Lambda Psi.


The suit, filed in U.S. District Court in Eugene, claims that Delta Lambda Psi, a small Greek organization founded in 2005 in Santa Cruz, Calif., with chapters in Eugene and at Northeastern Illinois University, is trading on the name of the larger, older Delta Lambda Phi. Delta Lambda Phi was founded in Washington D.C., in 1986, and has more than 30 chapters, the suit says. Delta Lambda Phi has no locations in Oregon.


The suit, filed on behalf of Delta Lambda Phi by Portland firm Schwabe, Williamson & Wyatt, claims Delta Lambda Psi chose the name to “deceive the public” for its gain.


“Defendant’s adoption and use of the Infringing marks in connection with a directly competing organization demonstrates defendant’s intentional, willful, and malicious intent to trade on the goodwill associated with Plaintiff’s Delta Lambda Phi,” the suit reads.


The lawsuit also notes the competing missions of Delta Lambda Phi and Delta Lambda Psi in “promoting the interests of the gay, lesbian, bisexual, transsexual, transgender, intersex, queer, questioning, and ally communities.”


It asks that Delta Lambda Psi stop using its name and logo. Delta Lambda Phi is also requesting it “be awarded all gains, profits, and advantages derived by Defendant from its wrongful acts.”


Attorneys for Delta Lambda Phi and representatives of Delta Lambda Psi could not be immediately reached for comment.

 
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