to sell or trade them. Unauthorized use of the Fraternity's symbols will violate numerous state and federal statutes. For example, any unauthorized use violates 15 U.S.C. § 1114(a) for trademark infringement; 15 U.S.C. § 1125(a) for false designation of origin and false representation; 15 U.S.C. § 1125(a) for trademark dilution; common law and statutory injury to business reputation; common law trademark infringement; common law unfair competition; and unjust enrichment. Federal law also allows the Fraternity to recover its cost and attorneys' fees for any resulting lawsuit to enforce it rights. In addition to federal and state trademark violation, unauthorized uses may also violate the federal Copyright Act. This Act provides for monetary damages that may be measured either by (1) any actual damages suffered by the Fraternity plus any profits the unauthorized user have made as a result of the infringement, or (2) statutory damages. 17 U.S.C. § 504. Statutory damages can be as high as $150,000 per work infringed. In addition, the Fraternity may be entitled to recover its full costs, including attorneys' fees, for prosecuting a civil action against unauthorized users under the Act.17 U.S.C. § 505. Unauthorized users should also be aware that willful copyright infringement done for commercial advantage or private financial gain is considered a criminal act pursuant to 18 U.S.C. § 2319 and 17 U.S.C. § 506. Anyone violating these rights will be prosecuted. Remember, b e i t a c a p , a b o t t l e o f w i n e , o r a p p e a r a n c e i n a m o v i e , r e m e m b e r i t i s e a s i e r t o g e t p e r m i s s i o n t h a n forgiveness. Please report any suspected unauthorized use to the National Office of Alpha Phi
iv. v. Chapter Banner i.
Alpha Fraternity, Inc. or to: email@example.com. Any reproduction of these symbols must include the registered marks “ ™ ” or “®”. A copy of the registered and trademarked fraternal symbols is included in Attachment B.
An Official Chapter Banner may be ordered from the National Office utilizing the Chapter Banner Order Form in Attachment T. The Chapter Banner will include 1) the name of the fraternity, Alpha Phi Alpha Fraternity, Inc., 2) the Fraternity Shield, 3) the Year of the Fraternity’s Founding, 1906, 4) Seven Stars, 5. the Chapter Designation, i.e. Iota, 6) Name of the Institution, i.e. Morris Brown College (College only), 7) City and State, and 8) Month, Date and Year of Founding The Chapter Banner should be displayed on all official Chapter Functions.
The Ritual of Alpha Phi Alpha Fraternity, Inc. includes the official secrets of the fraternity.
The Ritual should be maintained as outlined within the Ritual.
Brothers should not quote any parts of portions of the Ritual in public.
The founders of Alpha Phi Alpha Fraternity, Inc. are referred to as “Jewels”.
Chapter founders and not to be referred to as Jewels. They are “Founders.”
SECTION III.5. The Use of Fraternity Hymns, Songs and Step Shows (#)
The Official National Fraternity Hymn of Alpha Phi Alpha Fraternity, Inc.
The official national fraternity hymn should be sang majestically with eyes open and heads raised
Brothers will always stand when singing the hymn (unless physically challenged). Brothers will also stand if an instrumental version of the hymn is played, even if it is on a video or CD.
Brothers will always remove their hats or any hat-like garments when singing this hymn.
Brothers should stand in a circle with their left arm folded over their right arm. Each Brother will join hands by intertwining their small fingers. Please note that no one other than a Brother is allowed inside the inner circle of Alpha Phi Alpha Fraternity, Inc.
There is no swaying when singing the hymn.
While a brother may be designed to direct the hymn, he should not attempt to add content, style, flare, or modify it from its original refrain.
In cases where there is a small group of Brothers in attendance, Brothers may form a semi-circle and face the audience when singing the hymn.
This song is sung at the end of all official fraternity meetings and ceremonies. This song is succeeded by the Fraternity Prayer (see Official Fraternity Prayer below). 14
15th Draft 9/18/07