Abraham v. Alpha Chi Omega
Case #: 12-10525
Full Text Opinion: http://scholar.google.com/scholar_case?case=10416375275364022187&hl=en&as_sdt=2&as_vis=1&oi=scholarr
Trademarks: Delay in registering trademark resulted in unfair prejudice.
Opinion (Garzo): Paddle Tramps Manufacturing Company (“Paddle Tramps”) has been manufacturing wooden paddles and decorations for fraternities and sororities, using their specific names since 1961. Thirty-two Greek organizations (the “Greek Organizations”) sued for trademark infringement and unfair competition under the Lantham Act, and trademark dilution under Texas law. Paddle Tramps appealed the district court’s grant of a partial preliminary injunction against his use of trademarks. The appellate court found that Paddle Tramps lacked excuse for delay in asserting trademark rights, and that the Greek Organizations suffered undue prejudice due to Paddle Tramps’ delay. Accordingly, the Appellate Court AFFIRMED.