Five separate legal counts have been filed against the University's Phi Delta Alpha fraternity by Phi Delta Theta fraternity's international headquarters.
The charges issued to the District Court for the Western District of Virginia include copyright violations, the exercise of unfair competition and the conversion of property.
The two fraternities have suffered strained relations since Phi Delta Theta recolonized at the University in fall 2001. Its charter was suspended the previous year for violating Phi Delta Theta's national level risk-management policies.
Instead of maintaining membership in the recolonized fraternity, the old members of Phi Delta Theta formed a local fraternity, Phi Delta Alpha, that remained located at their house on 1 University Circle.
Phi Delta Theta headquarters now contends that Phi Delta Alpha has intentionally misled students, faculty and alumni by continuing to use Phi Delta Theta symbols.
"We've received no cooperation from Phi Delta Alpha," said Robert A. Biggs, Phi Delta Theta International Fraternity executive vice-president.
In the official lawsuit, the plaintiff - Phi Delta Theta International Fraternity - cited use of the Greek letters with the equivalent term Phi Delta Theta, and similar variants, in advertisements, recruitment materials and the solicitation of donations as copyright infringements.
The lawsuit states that such "false and misleading designation of origin is likely to cause confusion or mistakes among rushees, alumni of Phi Delta Theta and other relevant consumers." It also claims such actions have caused "irreparable damage to Phi Delta Theta ... and have caused Phi Delta Theta to suffer monetary damages in an amount thus not determined."
The lawsuit cites ceremonial equipment and other paraphernalia owned by Phi Delta Thelta before its suspension that remain in Phi Delta Alpha's possession and have not been returned.
The defendant, Phi Delta Alpha, is filing a response to these charges. Phi Delta Alpha President Dan Gershwin said that, upon suspension of the house's charter, Phi Delta Alpha re-formed as a fraternity separate from the national organization.
"Phi Delta Alpha has been fully recognized by the University by this name, and has functioned at U.Va. since this time," Gershwin said. "It is strongly supported by the U.Va. alumni of Phi Delta Alpha and Phi Delta Theta."
Phi Delta Theta would not comment because its official headquarters, not the University chapter, filed the lawsuit.
Both the Inter-Fraternity Council and the Office of Fraternity and Sorority Life have remained impartial in the dispute.
Aaron Laushway, assistant dean of students for fraternity and sorority life, also emphasized that the disagreement is a matter for the two fraternities involved to resolve. "For its part, the University respects the freedom of any student organization to locally associate either independently or in affiliation with a national organization," Laushway said.
Read More
Spanberger shares hope of sweeping victory to Albemarle Democrats
By Ford McCracken | 10 hours agoSpanberger will face Republican Lt. Gov Winsome Earle-Sears Nov. 4 for a chance to become the Commonwealth of Virginia’s first female governor.
Students say package deliveries are unpredictable on 14th Street
By Lauren Seeliger | YesterdayStudents say delivery drivers are careless when placing packages on doorsteps, sometimes resulting in delivery to an entirely wrong building.
From the Archives: Celebration and Reflection (4/28 - 5/4)
By Clara Franklin and Annabelle Nee | YesterdayFrom The Purple Shadows breaking into the Dean of Students’s office to multiple student athletes accused of honor code violations, the graduating class’s four years were a wild ride.
