Don’t let the movies fool you: There’s a lot more to being in a fraternity or sorority than massive parties and secret handshakes. For example, organizing massive parties and making sure absolutely everyone knows you’re in a fraternity or sorority.
This requires merch emblazoned with logos, crests, Greek letters, and whatever other symbols your particular organization associates with. But who owns those logos, crests, Greek letters, and other symbols? Can you order fraternity and sorority merch from any print shop? Do you have to be a member to order them? Here’s the alpha to the omega of it all.
Disclaimer: While we are confident in our well-researched article, we are not lawyers. If you need legal advice, please consult a living, breathing, licensed lawyer.
What Is a Trademark?
Rather helpfully, a trademark is exactly what it sounds like: a way to legally claim specific aspects of your brand that make you recognizable to customers. Marks of your trade, if you will. These can be words or phrases, designs, symbols, or a combination of these.
Brands can’t just claim trademarks on anything, however. Trademarks are tied to specific goods, and brands have to justify their right to that trademark.
For example, Nike owns separate trademarks for their logo and name on sneakers, watches, and yoga mats–and many more products that you’d expect from a sportswear brand. But unless they make a major shift in their business plan, it’s unlikely that they’ll be able to convince the United States Patent and Trademark Office (USPTO) that they deserve to hold the same types of trademarks for, say, helicopters, potato chips, or farming equipment. In fact, a Swedish company owns the standard mark for the word “Nike” in relation to a range of hydraulic machinery.
It’s also worth noting that just because a brand hasn’t registered a trademark, doesn’t mean they aren’t legally entitled to enforce their exclusive right to their name, logo, or other branding assets. Owning the trademark just makes it easier for them to make their case in court if they feel that someone else is encroaching on their brand.
When Is a Trademark Not a Trademark?
When it’s a service mark! To be nit-picky, trademarks are just one type of registered mark, and they are only for products. If you want to protect your branding for a service, you need a service mark.
To make it more fun, especially relevant to fraternities and sororities are collective membership marks. These are branding assets that are owned by a central organization and used by members to prove that they’re part of the club. For example, the Boy Scouts of America own the collective membership mark of an image of a scroll that reads “BE PREPARED” and has a dandy little knot hanging from it. All the chapters of Boy Scouts of America are allowed to use this mark to prove that they’re official members.
By the way, trademarks are not the same as copyright. Trademarks protect brand assets, like names and logos. Copyright protects original work, such as music, books, and software.
Who Owns Fraternity and Sorority Trademarks?
Most fraternities and sororities are headed by national organizations, who register and own the trademarks (and service marks etc.) The exact kinds of trademarks they own vary, as does what those trademarks cover.
Let’s use the sorority Kappa Delta to look at some assets that are commonly trademarked by Greek organizations.
At the time of writing, Kappa Delta has active trademarks for the standard mark (the plain text) of their name in English, and the shell logo they adopted in 2022, in the context of decals and name badges; tote bags; various types of apparel; and novelty buttons. They also have a trademark for Kappa Delta written in Greek letters (ΚΔ) for pins, buttons, charms, and rings.
Kappa Delta currently also owns the service marks for the standard mark of their name written in English, and their new and old shell logos, in the context of the sorority as a service provider. Huh? Basically, no one else can start an organization that provides the kinds of services the sorority provides to its members under the name Kappa Delta, or with those logos.
They also have service marks on the standard marks of several phrases, including “confidence coalition.” Greek organizations like to run public advocacy campaigns around slogans like this that reflect their specific interests–women’s issues, in this case. See, we told you it was more than parties and secret rituals.
Fraternities and sororities also go in for collective membership marks, since these allow the chapters and their members to prove their association with the national organization. In Kappa Delta’s case, they have collective membership marks for the standard mark of the phrase “Kappa Delta Sorority,” and several logos that vary in degrees of sinisterness. These include a heraldic-style shield–Greek organizations freakin’ LOVE a heraldic shield–featuring the sorority’s Greek initials, a motto in Greek letters, stars, a snake, and a skull.
In short, a Greek organization that’s on top of their legal paperwork is likely going to use the USPTO to protect their name in English and their Greek initials on common merchandise, plus some logos and a heraldic shield for use by members. They probably also own some slogans that they use for campaigns.
How Do I Get Permission to Use Greek Organizations’ Trademarks?
The same way you get permission to use any organization’s trademarks: by asking nicely! Or preferably, by having a lawyer who specializes in trademark law ask nicely (in legalese) on your behalf.
Many Greek organizations already have licensing processes in place. Around 200 of the best-known Greek organizations use a licensing agency called Affinity Consultants to manage trademark licensing on their behalf. Affinity is famously protective of their clients’ trademarks, so if you’re interested in one of their clients, you’ll have to go through Affinity’s licensing process.
There are an estimated 1,500 active fraternities and sororities right now, so the one you want to work with may not be on Affinity’s list. In that case, check the organization’s website to see if they explain how they license vendors. If not, you can search their name in the USPTO’s Trademark Search website for any active trademarks. (And service marks etc.) In each entry, you can find out who owns the trademark and where you should send correspondence, which is usually to an attorney.
If you’re only looking to use the trademark for a one-off project, you can send a “permission to use” letter–there are templates online. If you’re hoping to sell fraternity- and sorority-themed merchandise on a long-term basis, you’ll need a licensing agreement, which is more complex. For example, you’ll have to agree on the level of exclusivity the license grants, and you might have to pay royalties and provide samples of the merchandise for approval.
Another advantage to getting licensed (besides avoiding being sued) is that you may get to use a special seal to show that you’re a licensed vendor. This will show members of Greek organizations they can shop with you without incurring the wrath of their national organization.
How Does This Play out in Real Life?
Enough legal talk: Here’s what this all means in three common scenarios.
Scenario One: You’ve just been appointed T-shirt Officer of the Nu Lambda Zeta fraternity. Your first task is ordering 250 t-shirts featuring the fraternity’s Greek initials to give away at your chapter’s annual charity grill out. There’s a local print shop you’ve heard good things about. As a member of the fraternity, can you order your t-shirts from them?
Answer: Being a member of the organization that owns the trademark doesn’t automatically mean you get to authorize any random third party to use it. Before placing your order, check with your national organization if they have a list of approved vendors who have signed a licensing agreement, because you may have to order from one of these.
In 2000, the fraternity Sigma Chi sued a Miami business that had been printing merchandise using its registered marks, and those of other Greek organizations. One of the defendant’s arguments was that he was printing merchandise at the request of members of the fraternity, who had the right to use the collective marks.
I object! In the court’s analysis of the case, they found that members of the fraternity do have some level of authority to use the organization’s collective marks–but only in accordance with the organization’s rules. So if your organization says you can only work with licensed vendors, you don’t have the authority to let a different vendor reproduce the mark.
Some Greek organizations are more flexible, especially when there’s a good local option available. They might let you work with the local shop to get one-off permission to use the trademarks–but you still need to check first.
Scenario Two: You’re living in a college town and see an opportunity to make some cash printing merch for the local Greek organizations. How do you go about this without getting into trouble?
Answer: Jump through their hoops to become a licensed vendor. This probably means you’ll have to sign a licensing agreement with each of the organizations, as we described earlier, and potentially pay royalties.
You might also need to follow specific rules, for example regarding who you can sell merchandise to. Some Greek organizations don’t allow vendors to sell to non-members, so you will probably have to come up with a verification system. And watch out for rules about advertising: Greek organizations may not let you publish photos featuring people wearing their merchandise while drinking alcohol, for example. Both of these issues were raised in that 2000 lawsuit.
In that case, the fraternity didn’t win on all counts, but they were able to prove trademark infringement. They successfully showed that the business owner knowingly reproduced the fraternity’s trademarks without their consent, and in doing so, could have confused customers into believing that he was selling merchandise on behalf of the fraternity.
Scenario Three: Your daughter just pledged for her college’s chapter of Lambda Alpha Sigma–and you want to make sure everyone knows it. You order a custom bumper sticker that says “My daughter is a λΑΣ girl!” from your local printing shop. It turned out great and you display it proudly. But, wait, can the sorority sue you?
Answer: It’s unlikely that a sorority is going to pursue legal action against an individual who purchases one product that uses one of their registered marks–and particularly not the mother of one of their members.
Courts in trademark cases take a variety of factors into account when considering whether a registered mark has been abused. These include:
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Is the defendant using the registered mark in a way that could paint the brand in a bad light?
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Could the public think the product actually came from that brand?
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Will this use of the registered mark confuse the public into associating it with the wrong brand?
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Is the defendant using the registered mark to capitalize on that brand’s reputation for their own benefit?
If our bumper sticker scenario somehow made it as far as a courtroom, it’s unlikely that the court would find against the mom. Yes, people might think she bought the bumper sticker directly from the sorority–but even if they do, it probably won’t damage the brand in their eyes. In fact, in one count in that 2000 case, the court found that Sigma Chi’s registered mark wasn’t famous enough to be diluted by unlicensed usage (ouch.) Also, the mom isn’t pretending to own the mark in order to benefit herself: she’s just proud of her daughter!
However, things are less rosy for the print shop. Many members of sororities and fraternities–and their well-intentioned parents–are confused over when they can authorize use of their organizations’ trademarks. And as the ones making money from reproducing the trademark, you’re more likely to end up in legal trouble than they are.
Given this, it’s best practice to set up internal policies around trademarks. You need to verify that orders featuring a Greek organization’s name or symbols come with permission from the owners of the registered mark–not just from your local chapter. And as we mentioned earlier, even licensed vendors may not be allowed to sell merchandise directly to non-members, including proud moms. It’s a bummer, but so is being sued.
The Takeaway
National Greek organizations often own registered marks for their names, Greek initials, logos, and other assets. That means that you can’t reproduce them without the national organization’s permission–even if you have permission from someone in a local chapter. If you want to get into the business of making merch for sororities and fraternities, you need to contact the ones you want to work with and enquire about their licensing process. Many but not all work through Affinity Consultants. It’s an extra hassle, but it will keep you in their good graces and out of court.
Natasha Lavender
Natasha is an experienced writer and editor who has covered topics including technology, health and safety, business, and pop culture. Her work has been published by Good Housekeeping magazine, Forbes, Success, and more.
