A: Alpha Phi’s insignia consist of the Greek letters ΑΦ, the crest, badge and name "Alpha Phi." These trademarks are registered with the United States Patent and Trademark Office.

Licensing agreements grant licensed vendors the non-exclusive right to utilize Alpha Phi’s insignia. The licensee acknowledges the ownership of the insignia by the Fraternity and agrees to work or provide products and/or services.

A: Licensing is a verbal or written agreement granting permission to use another organization’s trademarks. It is a process that allows for that organization to protect and control the usage of said trademarks. This is something Alpha Phi has always done in one form or another. With the help from Affinity Marketing Consultants, Inc. (AMC), we now have formalized the process with contracts and terms of agreements.

Licensing is necessary because any trademark owner must control the use of their trademarks in order to maintain ownership of the work. The process is designed to help protect our history and heritage. It ensures a higher quality of products and service. If we do not enforce protection of our trademarks, we run the risk of losing control/ownership of our trademarks.

The legal foundation for licensing is based upon the following:

• The Lanham Act, a Federal trademark law
• The Federal Trademark Dilution Act
• McCarthy on Trademark and Unfair Competition

A: As we may well be aware, the following provision has been adopted into the Alpha Phi Constitution at Convention:

Chapters are licensees who are granted permission by the IEB or its designee to use the insignia pending they follow certain requirements to remain a chapter or members in good standing. However, members DO NOT have the right to authorize use of insignia on behalf of the organization.

A: It is recommended that ELCs or representatives from Alpha Phi be trained to collect chapter catalogs to be sent to:

• Trademarks are exclusive property of any organization and should be reflected in all documents and communication.

• Many people believe that licensing will limit their members. In fact, there are key NPC groups that currently have all the "licensing" programs in place but do not enforce their rights or the appropriateness of the products, which can be very harmful to the rest of the Greek organizations. For example, there are Greek group t-shirts out there with images reflecting or alluding to alcohol/drug usage that may actually hurt us because it can and usually does raise our insurance rates.

• Greek manufacturers have been and are attempting to take away Greek trademark rights. These groups claim there is no consumer confusion because Greek groups gave up our marks by abandonment and for failure to control. Their claims have no legal basis as their arguments rely heavily on one legal agreement made between two private parties in 1969.

• In one civil suit filed by a Greek manufacturer against one particular NIC organization, the Greek manufacturer argued that individual chapter members can license or authorize the use on behalf of the organization. Members DO NOT have the right to authorize use of insignia on behalf of the organization.

• Again, chapters and members are licensees who are granted permission by the IEB or its designee to use the insignia pending they follow certain requirements to remain a chapter or members in good standing. Individual chapters and members have limited rights to use trademarks with the approval of the IEB or its designees. Individual chapters and members do not have the rights to allow non-licensed vendors to use Alpha Phi’s trademarks on behalf of the entire organization without the approval of the IEB or its designees.

• Elect a licensing coordinator within each chapter to make sure all materials are clean and reflect Alpha Phi in a positive way.

• Have chapter presidents and chapter advisers co-sign composite licenses or other contracts so there is accountability and better understanding of what is signed, especially when it comes to composite contracts.

• If you have a company you prefer to work with over our licensed vendors, we can work with you to offer that vendor a one-time licensing agreement, valid for approximately 30 days, to complete specific projects. These one-time agreements may also have an 8.5% royalty.

A: No, members continue to have numerous products available to them, as the number of licensed vendors continues to increase each year. (Example: Tri Delta's Delta Shop has increased product selection and uniqueness, while running a comprehensive licensing program).

A: No, members continue to select from a wide variety of products, ranging from lamps and afghans to candles and baby clothes.

A: Of course, we are concerned about visibility in the marketplace; however, our concern lies primarily with the appropriate use of Greek trademarks, not the quantity of products. Again, the variety of products will continue to grow as more than 60 licensed vendors serve the market - with more in the queue.

A: Yes, Sigma Chi recently won a lawsuit against a vendor who glorified alcohol use among college students. Also, our Greek clients have more than 40 traveling consultants who regularly visit chapters and report infringing vendors, large and small.

A: While royalties may cause a slight increase in cost of goods, many vendors actually increase their market share and overall revenue due to increased exposure afforded by licensing.

A: Licensing actually encourages creativity; it only focuses on maintaining consistent use of trademarks and certain quality control standards. In many cases the availability of official logos and other artwork enhances the creative process.

A: Royalty amounts are in line with what has proven effective in collegiate licensing, having in fact decreased from 10% to 8.5% of gross sales.