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clature, colors, symbols, and imagery for printed and audio-visual material.
“Over the past months, I understand that our legal counsel has been in touch with you regarding what is, quite frankly, the rampant trademark infringement of Playboy’s trademarks by Kappa Alpha Psi Fraternity and its chapters. While I ap- preciate the fact that we cannot tolerate the pervasive infringement of Playboy’s valuable intellectual property rights by the fraternity.” As a result of Ms. Hefner’s letter, the Grand Polemarch at the time, 30 th Grand Polemarch Samuel C. Hamil- ton, published an edict to all members explicitly stating that the Fraternity and its membership “…under any circumstance, use the intellectual properties of another entity. The Playboy Bunny is the licensed property of Playboy Enterprise and is not for use
fringement when using another entity’s registered trademark without permission on, for example, a party flyer posted on social media. While not as prevalent compared to years ago, the appearance of the Playboy Bunny logo on Kappa Alpha Psi para- phernalia or social event flyers remains a challenge and focus item for monitoring vendors and IP infringment enforce- ment.
Background
One of the earliest discussions on IP and the Fraternity appeared in an early 2000s Journal article. In the Decem- ber 2000 issue of the Kappa Alpha Psi Journal, General Counsel Cleophus Thomas, Jr. Esq. authored an article on the Fraternity and Intellectual Property (IP) entitled “Our Name Belongs to Us.” “There is an Alarm at the Gate! We have seen in increasing numbers of individuals and organizations, who find value (often monetary) in using our name, acronyms, symbols, and other unique identifiers, for their own pur- poses. If the tenets of Phi Nu Pi are to be preserved, we must answer the alarm swiftly and forthrightly.” Brother Thomas’s message primarily centered on violations of our IP con- cerning non-sanctioned events, individu- als profiting from these non-sanctioned events, and the usage of the Fraternity name, images, and letters on the inter- net. A few years later, the Fraternity had to address another IP issue with Playboy Enterprises, Inc.
Intellectual Property Update
Intellectual Property Protection (IPP) Committee In 2020, the Fraternity established the IPP Committee to assist the IHQ team led by Robert Peterson (Delta Eta 2011) with addressing critical issues centered on managing IP, fraternity registered trademarks, and images, and vendor management. If left unchecked, it was determined that IP issues could adverse- ly impact the Fraternity’s standing in the community, its financials, its brand, and possible exposure to unwarranted liability and legal action. Brother Peterson’s title is Vending and Intellectual Property Coordinator and is the official fraternity representive to vendors and represents IHQ on IPP Committee. His responsiblities include oversight of the vendor license appli- cation, processing license payments, answering inquiries from companies and fraternity members about the program, and drafting official notification to the fraternity vendor management program. In September of each year, he emails official notification to hundreds of para- phanalia vendors and other companies informing them of the Fraternity’s new license period which begins on October 1 st . He is also the lead coordinator for the set up and management of the vending halls at every Grand Chapter Meeting. Brother Peterson, “Conclave is the time to allow our vendors to shine and I take great pride in coordinating the vending halls so brothers and their families have
by any other organization without their consent.”
Just as the Met ran
afoul with the Frater- nity on IP infringement, paraphernalia vendors can cause IP infringement issues for the Fraternity when they market products displaying Kappa Alpha Psi, or implying Kappa Alpha Psi, in conjunction display- ing another entity’s registered trademark such as Playboy ® , Jordan Jumpman ® , Nike ® , Gucci ® … Paraphernalia items such as apparel (jackets, caps, t-shirts, sweaters…), luggage, jewelry, canes, and accessories designed for cars, cigars, beverages, and home decorations (paddles, plaques…) are essential to many fraternity mem- bers. Due to its importance, the Fraternity must ensure companies and individuals that create, market, and sell these products adhere to fraternity guidelines and stated IP policies. In addition to paraphernalia, the Frater- nity can be liable for trademark in-
Playboy Enterprises, Inc.
Starting in the 1970s, chapters and individual members began appropriating the Playboy Bunny logo, without permis- sion, for use on chapter logos, t-shirts, jackets, party flyers, and other fraternal items and materials. The unauthorized use of the Playboy’s iconic bunny logo by fraternity members and chapters came to a head for Playboy Enterprises, Inc. In 2004, Playboy Enterprises CEO Ms. Christine Hefner issued a letter to then IHQ Executive Director Richard Lee Snow, documenting her company’s concern with IP infringement with their Playboy Bunny logo, a registered trade- mark. In Ms. Hefner’s letter to Brother Snow:
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