Professional Documents
Culture Documents
Plaintiff SIGMA ALPHA EPSILON FRATERNITY, INC. and for its Original Complaint
and Application for Equitable Relief against Defendants, SIGMA ALPHA EPSILON TEXAS
I. PARTIES
corporation.
2. Defendant Sigma Alpha Epsilon, Texas Rho Corporation (“Texas Rho Chapter” or
the “Chapter”) is a Texas non-profit corporation with its principal place of business in Austin,
Texas. The Texas Rho Chapter was the Chapter Collegiate of the SAE Fraternity for the University
of Texas at Austin.
3. Defendant Sigma Alpha Epsilon Texas Rho House Corporation (“Texas Rho
House”) is a Texas non-profit corporation with its principal place of business in Austin, Texas.
1
Texas Rho House is the owner of the Texas Rho Chapter house and the real property located at
4. This Court has federal question jurisdiction pursuant to 28 U.S.C. § 1331 and 15
U.S.C. § 1121, and supplemental jurisdiction of the state law claims pursuant to 28 U.S.C.
§1367(a). SAE seeks money damages and additional equitable relief against Texas Rho Chapter
and Texas Rho House (collectively, “Texas Rho”). The Court has personal jurisdiction over the
Defendants and venue is proper in this District pursuant to 28 U.S.C. § 1391 because Defendants’
principal locations are within this District and all or a substantial part of the events or omissions
A. SAE’s Trademarks
leadership, scholarship, service, and social experiences they need to excel both during college and
after college graduation. The mission of SAE is advancing the highest standards of friendship,
scholarship and service for its members throughout life. Through its educational and leadership
programming, SAE seeks to foster personal development of its members, including leadership,
scholarship, citizenship and moral responsibility so they can set a positive example in today’s
society.
6. SAE was founded on March 9, 1856, and has continuously grown and expanded to
become the third largest fraternal organization in the United States. SAE currently has 212
Chapters Collegiate and 9 colonies for a total of 221 groups across the country, with in excess of
2
12,000 undergraduate members. 334,727 members have been initiated into SAE since its founding
leadership opportunities. Many of these trademarks are registered with the United States Patent
and Trademark Office (“USPTO”). These registered trademarks include: the SIGMA ALPHA
EPSILON word mark (Registration No. 2,665,456); the design only mark (Registration No.
0,538,680); the stylized SAE design plus words mark (Registration No. 2346560); the Sigma
Alpha Epsilon shield design only mark (Registration No. 0,617,623); the laurel shield design
plus words mark (Registration No. 1,706,605); and the TRUE GENTLEMEN word mark
9. The colors royal purple and old gold, along with the symbol of a lion are
unregistered, but are marks which are inherently distinctive in identifying SAE.
10. The SAE Marks have been continuously used in interstate commerce (and
worldwide) in connection with SAE fraternity for decades, and some of them have been used
11. The SAE brand conveys the benefits, uniqueness, and quality of SAE’s fraternal
12. The SAE Marks are inherently distinctive. In the alternative, because of SAE’s
exclusive and extensive use of the SAE Marks, they have acquired considerable value and have
become extremely well known to the general public as identifying and distinguishing SAE
3
exclusively and uniquely as the source organization to which the SAE Marks are applied. Thus,
13. The SAE Marks are used uniformly and consistently nationwide in every Chapter
Collegiate and forum associated with SAE, as well as in every periodical, publication, and
14. SAE has successfully built substantial goodwill in connection with its SAE brand
nationwide.
15. SAE was the first large, national fraternity to eliminate pledging for all of its
Chapters Collegiate.
16. SAE was the first North-American Interfraternity Conference fraternity to hire a
Director of Diversity & Inclusion, who is responsible for overseeing development, promotion, and
implementation of strategies that lead to enhanced diversity within the SAE organization.
1-888-NOT-HAZE.
18. SAE’s magazine, The Record, was voted Greek Magazine of the Year in 2011, and
has earned more than 80 awards for excellence in the past ten years.
19. In addition to being a leader among fraternity organizations for positive social
progress, publishing periodicals, and advertising to increase its ever-growing membership base,
SAE also organizes many charity events, such as The True Gentleman Day of Service. SAE
partners with Global Youth Service Day for this event, which results in approximately 16,000
20. SAE also formed a national, preferred partnership with Children’s Miracle Network
Hospitals in 2001 and has included this network of hospitals in a majority of SAE’s community-
4
service and fundraising projects. Organization-wide, SAE has helped raise more than $800,000
21. As a result of SAE’s efforts, SAE and the SAE Marks are well known and famously
associated with SAE’s fraternity, education, leadership, scholarship, and community services.
Since its formation in 1856, SAE has spent countless dollars, but not less than hundreds of millions
of dollars, investing in and protecting the SAE brand. SAE’s 221 affiliated groups, more than
12,000 undergraduate members at almost every major university, and 334,727 total initiated
members spread across the country have led it become the third largest fraternity in the United
States.
22. Additionally, SAE and the SAE Marks are widely recognizable as an indicator of
SAE’s “The True Gentleman” creed, the purpose of which is to make the global community better,
as well as its mission which focuses on “advancing the highest standards of friendship, scholarship,
23. SAE has been careful, skillful, and diligent in conducting its business and
maintaining uniform standards of high quality in its chapters and forums. As a result of these
efforts, the SAE marks and the SAE name have acquired a public acceptance and reputation,
thereby creating a very valuable public goodwill that inures to SAE’s benefit.
24. Texas Rho had actual notice of SAE’s rights in its trademarks through the issuance
of its charter and by communications with SAE, and had constructive notice of SAE’s federally
registered trademarks under 15 U.S.C. § 1072, which states “Registration of a mark on the
principal register provided by this chapter or under the Act of March 3, 1981, or the Act of
February 20, 1905, shall be constructive notice of the registrant’s claim of ownership thereof.”
5
B. Texas Rho’s License to Use SAE’s Trademarks was Revoked
25. The Texas Rho Chapter of SAE at the University of Texas at Austin was issued a
charter by SAE on February 9, 1882. The issuance of the charter to the Texas Rho Chapter of SAE
gave Texas Rho a revocable license to use SAE’s registered and un-registered trademarks, as well
26. In the fall of 2017, SAE received notification of several health and safety violations
by the Chapter. SAE issued a cease and desist of chapter operations. The Chapter was required to
stop all operations and was prohibited from participating in any fraternity-related chapter events.
response to the various health and safety violations by Texas Rho and its members. The
membership review involves two areas of investigation: (1) chapter viability; and (2) member
viability. The chapter viability portion of the review was to determine whether the existing culture
at Texas Rho was congruent with the values and mission of SAE, and whether the Chapter culture
allowed for the potential redevelopment and reorganization of Texas Rho under a full alumni
commission. The member viability portion of the review was to determine whether there were
members of the Texas Rho that could serve as the foundation for a future SAE Chapter Collegiate.
28. On November 4, 2017, Texas Rho Chapter, by and through its self-selected
alumni/chapter advisor Brent Bechtol, was provided a summary of the membership review
process. In the memorandum issued to Mr. Bechtol, SAE outlined for Texas Rho Chapter the basic
terms of a suspended charter (should the charter be suspended following the membership review),
which included notification that “all brand identity associated with Sigma Alpha Epsilon Fraternity
and Texas Rho would cease.” A true and correct copy of a memorandum to Texas Rho Chapter
6
regarding its suspension is attached as Exhibit A. The Texas Rho Chapter and its members refused
Texas Rho Chapter, which clearly communicated to Texas Rho Chapter that its Charter, and
therefore Texas Rho’s permission to use SAE trademarks and branding, was suspended effective
immediately and the Chapter was closed. In its November 6, 2017 letter, SAE further
communicated that, effective immediately, active members are immediately suspended losing all
rights and privileges in Sigma Alpha Epsilon and no longer have the authority or the ability to
make decisions in the name of Sigma Alpha Epsilon Texas Rho Chapter. Finally, Texas Rho was
told that any attempts to operate an underground chapter of SAE during the chapter’s closure will
face permanent expulsion from the Fraternity. A true and correct copy of the Charter Suspension
30. SAE notified the University of Texas that it suspended Texas Rho’s Charter and
made an announcement on the SAE website on or about November 6, 2017. A true and correct
31. In December 2017, SAE received communication from a member of the Board of
Directors of Texas Rho House asking for clarification on the authority SAE has for revocation of
its permission to use the SAE Marks. The particular Director making the request not only serves
on the board of Texas Rho House, but also serves as an alumni advisor to the Texas Rho Chapter.
SAE responded and provided a list of SAE’s registered trademarks with the US. Patent and
Trademark Office. A true and correct copy of the December 2017 e-mail communications between
SAE and Dale Hortenstine, a member of Board of Directors of Texas Rho House, are attached
7
hereto as Exhibit D. These communications reflect Texas Rho’s knowledge that SAE’s permission
32. Despite the revocation of its license to use SAE’s Marks, Texas Rho continued to
33. On March 5, 2018, SAE sent Texas Rho a cease and desist letter, demanding that
Texas Rho immediately cease use of SAE’s trademarks and branding. A true and correct copy of
34. SAE also notified the general University of Texas community that it suspended
Texas Rho’s Charter by taking out an advertisement in the University of Texas campus newspaper,
The Daily Texan, which was also placed on the University of Texas’s website homepage. The
advertisement informs the community that no students in the greater Austin area is authorized to
use the name Sigma Alpha Epsilon, ΣAE, SAE or any other related marks. Only Chapters
Collegiate that are chartered by Sigma Alpha Epsilon Fraternity are authorized to use distinctive
marks of the Fraternity. A true and correct copy of this advertisement is attached as Exhibit F.
C. Texas Rho Chapter and Texas Rho House’s Improper Use of SAE’s Trademarks
35. Notwithstanding SAE’s exclusive common law and statutory rights in the SAE
Marks, SAE’s revocation of Texas Rho’s license to use them, and SAE’s numerous demands that
Texas Rho stop using the SAE Marks, Texas Rho continues to use the SAE Marks every single
day.
36. In September 2018, an affiliate of Texas Rho, the Texas Rho Minerva Club, used
the SAE Marks with the approval of Texas Rho to advertise a Parents’ Weekend Tailgate event
that was scheduled to take place (and did take place) at the Chapter house. Texas Rho distributed
flyers, sent out mass emails, and even had shirts printed for this event, which took place on
8
September 22, 2018. The parents tailgate weekend was further conducted in affiliation with two
campus recognized sororities. A true and correct copy of mock-up design of t-shirt sold for parents
tailgate weekend and digital copy of the flyer distributed by Texas Rho is attached as Exhibit G.
This use of the SAE Marks by Texas Rho was after SAE revoked Texas Rho’s license to use the
SAE Marks and constitutes an improper, infringing use of the SAE Marks.
37. As of September 18, 2018, Texas Rho was using SAE’s “” design trademark
to advertise its Parents’ Weekends, which are scheduled to take place on February 8-10, 2019, and
February 22-23, 2019. A true and correct copy of Texas Rho’s Parents Club website using the
SAE Marks is attached as Exhibit H. This use of the SAE’s trademark by Texas Rho is ongoing,
even after SAE revoked Texas Rho’s license to use the SAE Marks, and constitutes an improper,
38. Texas Rho’s use of SAE’s registered and unregistered marks on the Texas Rho
website is causing a likelihood of confusion among its members, member parents, sorority
members, sorority member parents, and the entire University of Texas community about Texas
39. As of September 22, 2018, Texas Rho House was still using SAE’s “” ® design
trademark on the outside of its house, advertising that it and its residents are still affiliated with
SAE. Thus, Texas Rho House is contributing to and perpetuating Texas Rho Chapter’s improper
and infringing use of SAE’s trademarks. This use of the SAE’s trademark by Texas Rho is
ongoing, even after SAE revoked Texas Rho’s license to use the SAE Marks, and constitutes an
improper, infringing use of the SAE Marks. True and correct copies of photographs of the Texas
9
40. Additionally, the very title “Texas Rho” was given to Texas Rho by SAE and is an
SAE Mark. Each Chapter Collegiate to whom a charter is issued is assigned a specific name by
which that chapter will be identified throughout its existence as an active and recognized SAE
chapter. Texas Rho’s continued operation under this SAE designation is an improper, infringing
41. The natural, probable, and foreseeable result of the intentional, willful, and
wrongful conduct of Texas Rho has been to trade upon SAE’s goodwill, and to tarnish SAE’s
relationships with its other Chapters Collegiate, other fraternal organizations, and prospective
members.
42. Texas Rho advertises and holds itself out as having a “2018 Pledge Class,” as
indicated in its correspondence to member parents. However, as previously noted, SAE was the
first large, national fraternity to abolish pledge classes. If Texas Rho injures, humiliates, or causes
any harm to a member of its “pledge class” while using SAE’s trademarks and branding and
representing itself as an SAE Chapter Collegiate, this harm will be associated with and have an
43. Additionally, Texas Rho continues to use the SAE Marks to intentionally create a
likelihood of confusion as to Texas Rho’s affiliation with SAE. Evidence of this intent is reflected
in a mass email Texas Rho sent out titled “Alumni Update from Texas Rho – 9/11/18.” The update
includes an improper use of SAE Marks, including the improper use of “SAE”, as well as the SAE
crest, colors, and lion. A true and correct copy of this email update is attached as Exhibit J. In this
email, Texas Rho states it submitted a settlement offer to SAE and is “continuing the Chapter in
10
IV. CAUSES OF ACTION
44. SAE incorporates all of the above paragraphs as though set forth in full at this point.
45. Texas Rho’s use of the SAE Mark is infringing because Texas Rho is claiming to
trademarks is likely to cause confusion, mistake, or to deceive the consuming public and trade by
creating the erroneous impression that SAE approves of, sponsors, endorses, guarantees, or is in
some way affiliated with Texas Rho and its activities and services.
47. The Texas Rho Chapter’s charter was suspended as a result of health and safety
violations and systemic cultural issues that are incongruent with the mission and values of SAE.
48. The imitation, copying, and unauthorized use of the SAE Marks causes irreparable
injury to SAE, including injury to its business reputation and the goodwill associated with the SAE
Marks.
49. Thus, Texas Rho has infringed SAE’s registered trademarks and have violated, and
50. SAE has no adequate remedy at law for these injuries. Moreover, unless Texas Rho
is restrained by this Court from continuing this imitation, copying and unauthorized use of the
SAE Marks, these injuries will continue to occur. SAE is entitled to an injunction restraining
Texas Rho, their officers, agents, distributors, and employees, and all persons acting in concert
with them, from engaging in such further acts in violation of 15 U.S.C. § 1116.
11
51. By reason of Texas Rho’s willful acts of trademark infringement, SAE is also
entitled to damages and that those damages be trebled pursuant to 15 U.S.C. § 1117.
52. This is an exceptional case making SAE eligible for an award of attorneys’ fees
53. SAE is further entitled to recover from Texas Rho its profits and other advantages
unfairly obtained by Texas Rho as a result of their acts of infringement as alleged above. At
present, the amount of such damages, gains, profits, and advantages cannot be fully ascertained by
SAE, but SAE is informed and believes, and based thereon alleges, that it has sustained such
54. SAE incorporates all of the above paragraphs as though set forth in full at this point.
55. Texas Rho’s continued use of SAE’s inherently distinctive and famous SAE Marks
56. Texas Rho’s conduct causes and will continue to cause dilution of the distinctive
quality of the famous SAE marks, because Texas Rho is using the SAE Marks in affiliation with
its activities as a fraternity, which is likely to blur the distinction between SAE’s marks and Texas
57. Texas Rho’s conduct is the result of willful and wanton disregard of SAE’s
established and superior rights. Texas Rho adopted, used, and continue to use the SAE Marks
despite having been put on notice and with full knowledge of SAE’s superior rights, and without
authorization. SAE has suffered, and will continue to suffer, irreparable injury as a result of Texas
12
58. By reason of Texas Rho’s acts, SAE is, and will continue to be, irreparably harmed
if Texas Rho is not enjoined. SAE’s remedy at law is not adequate to compensate it for the injuries
inflicted, and SAE is therefore entitled to entry of injunctive relief pursuant to 15 U.S.C. § 1125.
59. Texas Rho has unfairly profited from the actions alleged, and SAE is therefore
entitled to recover from Texas Rho the damages sustained as a result of Texas Rho’s violations of
15 U.S.C. § 1125. SAE is presently unable to ascertain the full extent of the monetary damages
suffered as a result of Texas Rho’s actions, but SAE is informed and believes, and thereon alleges,
60. Further, because of the willful nature of Texas Rho’s acts, SAE is entitled to
damages, and that those damages be trebled pursuant to 15 U.S.C. §§1125 and 1117.
61. This is an exceptional case making SAE eligible for an award of attorneys’ fees
62. SAE incorporates all of the above paragraphs as though set forth in full at this point.
63. Texas Rho’s activities and continued use and misappropriation of the SAE Marks
64. Texas Rho’s activities are likely to cause confusion, or to cause mistake or to
deceive as to affiliation, connection, or association of Texas Rho and their goods and services with
SAE, or as to the sponsorship, affiliation, or approval of Texas Rho’s goods and services with
SAE, or as to the sponsorship, affiliation, or approval of Texas Rho’s goods and services with
SAE.
13
65. As a direct and proximate result of Texas Rho’s conduct, SAE has suffered and will
continue to suffer damages including, without limit, the loss of revenue, reputation, goodwill, and
exclusivity in the SAE Marks, in an amount not yet fully ascertained and to be proven at trial.
66. Unless enjoined by this Court, Texas Rho’s above-described conduct will continue
to cause irreparable injury, for which SAE has no adequate remedy at law, in the nature of injury
to SAE’s reputation, goodwill, and the SAE Marks, as well as confusion and deception among
consumers.
67. Texas Rho’s actions were taken in willful, deliberate, and/or intentional disregard
of SAE’s rights. SAE is entitled to recover treble damages, attorneys’ fees, and costs of this
litigation.
2. That the Court enter judgment against each Defendant that the above acts were willful
3. That the Court issue a preliminary and a permanent injunction enjoining and restraining
Defendants and their agents, servants, employees, successors, assigns, and all other
14
a. Engaging in any infringing activity including advertising, promoting,
Defendants’ trademark dilution, and for unfair competition under the Lanham Act;
5. That SAE be awarded all profits resulting from Defendants’ infringement or dilution
6. That Defendants be ordered to account for and disgorge to SAE all amounts by which
Defendants have been unjustly enriched by reason of the unlawful acts complained of;
8. The damages resulting from Defendants’ infringement and unfair competition under
the Lanham Act be trebled due to Defendants’ willfulness, in accordance with 15 U.S.C
§ 1117;
10. That SAE be awarded an amount sufficient to reimburse SAE for the costs of corrective
advertising;
11. For pre-judgment interest on all infringement and other appropriate damages;
15
12. That the Court find this case to be exceptional and award Plaintiff its reasonable
attorneys’ fees pursuant to 15 U.S.C. § 1117, and any other applicable provision of law;
13. That the Court award SAE its costs of suit; and
14. For such other or further relief as the Court may deem just and proper.
Respectfully Submitted,
COKINOS | YOUNG
16
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing has been forwarded to the
following counsel of record on this 8th day of October, 2018 through the Court’s electronic filing
system.
Jonathon K. Hance
Jonathon.Hance@bracewell.com
L. Andrew Taggard
Drew.Taggart@bracewell.com
Eric.Lai@bracewell.com
Bracewell LLP
711 Louisiana, Suite 2300
Houston, TX 77002
17
1:18-cv-852
MEMORANDUM
As follow-up to our call on Thursday, November 2, 2017, please find below a general summary of the
membership review process, the reorganization and suspension practices of Sigma Alpha Epsilon. The
review process involves two components.
Chapter viability
Member viability
Chapter viability determines whether the chapter is congruent with the values and mission of the
Fraternity. This process is intended to determine whether the existing culture of the Chapter has the
potential for redevelopment and reorganization under a full alumni commission.
Member viability determines whether there are members of the Chapter that can serve as the basis of a
future Chapter.
The charter of the Chapter has currently been transferred to the authority of an Alumni Commission
Chairman. All student members are suspended from the Fraternity, through the conclusion of the
membership review. At which point the status of the member will be determined by the outcome of the
review.
Pre-Interview Process:
Meeting to explain and reinforce the process
Sign all agreements (referenced below)
Required Signatures:
Confidentiality agreement
Interview agreement
Academic grade release
Disciplinary records release
Required in Processes:
Identified as a registered full-time student of the University of Texas (Austin)
Proven to have a minimum cumulative 2.5 GPA
Participate in a drug test
Release and review of all individual member SAE financial records
Be listed as a fully initiated member of the Fraternity with all membership fees paid in full to the
Fraternity Service Center, Province and Chapter
Participate in member interview
1856 Sheridan Road Evanston, IL 60201-3837 (847) 475-1856 (847) 475-2250 fax www.sae.net
EXHIBIT A
The outcome of the interview process could result in a member:
Invited to be part of a new reorganized chapter on probation
Remain on summary suspension, until graduation and petition for reinstatement
Be summarily expelled
As a private organization, the interview process determining membership status is between the member
and Sigma Alpha Epsilon Fraternity. At no point in time will anyone other than the member membership
review committee, and Fraternity Service Center staff be allowed to participate in the process.
The relative sanctions, as listed above, are based on involvement in Chapter activities and whether
students or alumni have had direct or indirect involvement with behaviors inconsistent with the values,
mission and Fraternity Laws of Sigma Alpha Epsilon. Questions may include focus on any and all related
activities and or behaviors that are not congruent with the expectations of Sigma Alpha Epsilon
Fraternity.
The confidentiality and interview agreements confirm that the process is confidential and the member,
the membership review committee, and Fraternity Service Center may not discuss their conversation
with anyone in any manner. It further states:
The Interview:
Each member agrees to be interviewed by a team of two or more men. Each is a member of the
professional staff or long-standing volunteer familiar with the process.
The interview questions will be determined to assess whether the Chapter collegiate has
viability for a major reorganization. Any reorganization of the Chapter would involve a formal
alumni commission comprised on non-Texas Rho alumni, selected by the Fraternity Staff and
Province Archon.
Interviews last approximately 15 minutes. Questions will focus on leadership, chapter
operations, understanding of issues and member behavior. Corroborated allegations may be
raised as part of the questions posed by the interview team if it is believed the student is aware,
participated or witnessed activities inconsistent with policies and Laws of Sigma Alpha Epsilon
Fraternity.
Interview Results:
Members that receive an invitation to join a new Chapter will do so with the understanding that there
can be no contact whatsoever with former members in any way that can even remotely be construed as
related to Sigma Alpha Epsilon. This includes but is not limited to:
Allowing former members on Chapter property
Allowing former members at any event, activities or programs, etc.
November 6, 2017
Effective immediately, the Supreme Council has voted to suspend the Texas Rho (“TXRH”)
Chapter’s Charter and close the Chapter. The suspension is for a minimum of four years. Sigma
Alpha Epsilon will not tolerate activities that are not aligned with the core values and Mission of
our Fraternity and the values of your host institution. It is regrettable that the actions of certain
members have led to this action.
All current active members of the TXRH Chapter are immediately suspended, losing all
membership rights and privileges in Sigma Alpha Epsilon. This suspension will continue
indefinitely. Effective immediately, suspended members no longer have the authority or ability to
make decisions in the name of the Sigma Alpha Epsilon TXRH Chapter. Future individual
membership statuses will be decided in accordance with the Fraternity Laws.
Also effective immediately, the TXRH Chapter and its members are no longer covered by
SAE’s General Liability insurance or fidelity bond.
No undergraduate members present at the time of the chapter’s suspension will be eligible to
assist in recolonization efforts in the event SAE returns to campus. Any men who attempt to
operate an underground chapter of SAE during your chapter’s closure will face permanent
expulsion from the Fraternity. It is our express intent to work with the university administration to
return to the University of Texas campus if doing so is deemed mutually beneficial. Your actions
could impact the Fraternity’s ability to reestablish this partnership.
Fraternally,
F. Michael Sophir
Chief Executive Officer & Eminent Supreme Recorder
CC:
Supreme Council
Clark Brown, General Counsel & Chief Operating Officer
James Balandran, Province Archon
Edmund Buckley, Chairman of the TXRH Alumni Commission
John Kovalan, Senior Director of Chapter Development
Ross Pometta, Manager of Membership & Records
Brandon Weghorst, Chief Communications Officer
1856 Sheridan Road n Evanston, IL 60201-3837 n (847) 475-1856 n (847) 475-2250 fax n www.sae.net
EXHIBIT B
1:18-cv-852
9/25/2018 News - News from HQ - Chapter Closes at University of Texas-Austin - Sigma Alpha Epsilon
The temporary loss of this chapter, which was founded in 1882, is unfortunate, but it serves as a crucial reminder to our collegiate
members, chapter officers and alumni that violations to Minerva’s Shield and failure to follow our membership-education program
known as the True Gentleman Experience will not be tolerated and may result in closure. Those types of violations jeopardize
other chapters and colonies and devalue the positive membership opportunity we should enjoy as a brotherhood.
Our proactive measures continue to advance the good work of the Fraternity. Staff received information via our toll-free,
anonymous hazing hotline; our investigation provided us important details; and our leadership took swift action to intervene with a
group that was not living up to our values and was not complying with many of our health-and-safety policies.
Sigma Alpha Epsilon has zero tolerance for any actions or behaviors that are not consistent with our mission and our creed, “The
True Gentleman.” We are committed to the safety and well-being of our members and others with whom they interact.
Furthermore, we will not hesitate to impose sanctions when guidelines are not being followed.
Although we regret the closure of any chapter, there are situations in which it becomes necessary and warranted. Our leadership
remains optimistic that we can re-establish Texas Rho in the near future with members who exemplify our beliefs and who serve
as leaders and role models on campus and in the greater Austin community.
SINCE 1856
© 2016 Sigma Alpha Epsilon. All Rights Reserved. Privacy Policy | Non-Discrimination Policy | Terms and Conditions/Scope of Association
EXHIBIT C
http://www.sae.net/home/pages/news/news---news-from-hq---chapter-closes-at-university-of-texas-austin 1/1
1:18-cv-852
Thanks Brandon for sending me the attached registration numbers. It is very helpful and responsive to my
earlier request to Clark. I very much appreciate your sending me this information.
\sb240Dale
Since I am the liaison to affinity relationships and serve as our staff's brand manager, I wanted to
·, provide our following registrations with the U.S. Patent & Trademark Office. These items represent
{__) "Sigma Alpha Epsilon/Sigma Alpha Epsilon Fraternity," "Phi Alpha," "True Gentlemen," the coat-of-arms
and our badge design:
Brandon Weghorst
Chief Communications Officer
Sigma Alpha Epsilon
1856 Sheridan Road
Evanston, IL 60201-3837
p: (847) 424-3038 I c: (847) 513-3577
w: www.sae.net
BE TRUE.
EXHIBIT D
1
1:18-cv-852
Nancy Jacobs
Gentlemen:
As you know, the Texas Rho Chapter of Sigma Alpha Epsilon was closed November 6, 2017. We hereby request
that you return the Chapter’s Sigma Alpha Epsilon charter, SAE ritual books, and SAE ritual equipment, to the
Fraternity Service Center at the address below. These will be kept safe in the event the Chapter is re-chartered.
This communication will also serve as an official request that the local society operating as Texas Rho cease and
desist from using our trademarks, including SAE, “Sigma Alpha Epsilon/Sigma Alpha Epsilon Fraternity,” “Phi
Alpha,” “True Gentlemen,” the coat-of-arms and our badge design. The list of those marks can be found below. Any
display of those marks must be discontinued immediately or we will have to take the unfortunate step of pursuing
legal action. For example, any composite photographs, art, or other displays in the chapter facility that contain our
legally protected marks must be removed or be permanently altered. We further request that the individuals
operating the local society cease and desist from using our legally protected marks in official communications
associated with the local society (example below). This will help everyone understand that there is no relationship
between SAE Fraternity and the local club "Texas Rho."
We respectfully request that you respond to inform us what corrective actions are taken to remedy this situation.
Sincerely,
Clark Brown
Clark Brown
General Counsel & Chief Operating Officer
Sigma Alpha Epsilon
1856 Sheridan Road
Evanston, IL 60201-3837
p: (847) 424-3010
w: www.sae.net
BE TRUE.
This e-mail (including any attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, is confidential and may contain
attorney-client materials and/or attorney work product, legally privileged and protected from disclosure. If you are not the intended recipient, you are hereby notified
that any retention, dissemination, distribution or copying of this communication is strictly prohibited. Please respond to the sender that you have received the
message in error, then delete it and destroy any and all copies of it. Thank you.
======
EXHIBIT E
Texas Rho Update - 2018 Officers Elected
SAE Texas Rho Alums -
First, we are moving forward with Spring plans, and held elections Monday night.
The results are below. The Alumni Advisors are excited to work with this new group
of Juniors, Sophomores and Freshmen, and to help them build on all the work put
in by their predecessors. We continue to be impressed, not only by the caliber of
young men leading the fraternity, but also by the level of interest in leadership
shown by so many of the current members. With the passing of the baton, we owe a
special thanks to J.R. Gideon for his calm and measured presence throughout the
Fall and into the Spring semester. While he certainly had plenty of help, and we are
appreciative of everyone’s efforts, J.R. carried a bulk of the load.
Second, as part of Dad’s Weekend (March 2-4), we are going to hold a Saturday late
afternoon get together for any alumni who want to come by 2414 Pearl Street.
Please join the members, the dads and fellow alums from 3:30-6:00 on Saturday,
March 3rd.
Finally, we continue to work with the University and will keep you posted on new
developments. For now, know that we are working with the active members to lay
the ground work for a safe and successful Spring and Summer. Among other
things, the members will continue their good work with the Children’s Advocacy
Centers of Texas. We are also making plans for Summer Rush, and would
appreciate any names of high school seniors headed to Austin next Fall. Please
help us spread the word.
Thanks again for your support.
Phi Alpha,
Brent Bechtol
Joe Christian
Brent Covert
Peter Gardere
Vincent Giammalva
Patrick Hickey
Will Majors
Executive Council 2018:
President (EA) | Robert Perlick
Vice Presidents (EDA) | Ford Douglass, Lovett Shaper, John Covert
Treasurer (ET) | Kevin Ken
Provisional Member Educators | Nathan Bremner and Worth Beard
House Manager | Mac Mackey
Permit Coordinator | John Temple
Risk Manager | Johnny Hurley
Social Chairs | Matthew White and JT Hildebrand
2
Sophomore Rep | Richard Lange
Other Elected Positions:
Rush Captains | Will Esquivel, Dean Taylor, Trey Scardino, Austin Westermann
Asst Social (Soph) | Pete Davis
Asst Permit Coordinator | Pete Bechtol
Asst Treasurer | Jeffrey Kupp
Asst Risk Manager | James Hickey
Herald (EH) | Trey Scardino
Philanthropy | Austin Westermann
Scholarship | Joe Cozby
Recorder (ER) | Chase Jackson
Correspondent | Parker Levy
Warden | Benji Cohen
Alumni Relations | Trem Carr
IM Chair (Intramurals) | Mason McIntyre
IFC (Interfraternity Council) | Hayden Boldrick
Asst Social (Fresh) | Jake Barnett
Asst Philanthropy | Spencer Lewis
STAY CONNECTED
Unsubscribe elbuckley3@gmail.com
Update Profile | About our service provider
Sent by texasrhoadvisors@gmail.comin collaboration with
3
1:18-cv-852
EXHIBIT F
EXHIBIT F
1:18-cv-852
EXHIBIT G
EXHIBIT G
EXHIBIT G
EXHIBIT G
1:18-cv-852
EXHIBIT H
1:18-cv-852
EXHIBIT I
18-CV-852
EXHIBIT J