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APCA & CAMPUS ACTIVITIES MAGAZINE v. NACA

ASSOCIATION FOR THE PROMOTION OF CAMPUS ACTIVITIES (APCA) &
CAMEO PUBLISHING GROUP (Publisher of Campus Activities Magazine)

VERSUS 

NATIONAL ASSOCIATION FOR CAMPUS ACTIVITIES (NACA), et al.

 US DISTRICT COURT, DISTRICT OF SOUTH CAROLINA
(COLUMBIA DIVISION)
NO.   2008-CV-02928-MJP
________________________________

TRADEMARK TRIAL AND APPEAL BOARD
OF THE U.S. PATENT AND TRADEMARK OFFICE
CANCELLATION NO. 92049921

 

CASE ISSUES & AREAS OF LAW:

  • Cybersquatting

  • Trademark Infringement

  • Lanham Act violations

  • Unfair Competition

  • Unfair Trade Practices

 

ABOUT THE CASE

  • A national association of colleges and artists (APCA) and a nationally-published college entertainment magazine (Campus Activities Magazine) brought suit against a competitor when it was discovered that the competitor (NACA) purchased multiple internet domains which infringed upon the service marks of the plaintiffs.

  • The domains purchased by NACA included childish names like apcasucks.com and ihateapca.com, as well as direct rip-offs of APCA's and Campus Activities Magazine's names like apca.biz and myapca.com, as well as campusactivitiesmagazine.org, and dozens of others.

  • The defendant was pointing the domains to its own site and continued to do so even after being asked to stop.

  • The plaintiffs also filed suit for unfair competition, Lanham Act violations, unfair trade practices, and other alleged violations of state and federal law.

  • Noah M. “Chip” Hicks, Esq., is Mr. Lambert’s co-counsel on the case and the local counsel in Columbia, SC.

 

PLEADINGS & ORDERS OF THE COURT

  • Read the Original Complaint filed on August 20, 2008.

  • NACA has responded by claiming that it actually owns the exclusive rights to the term “Campus Activities”.  You can read their Answer here.

  • NACA has even filed new trademark applications with the US Patent & Trademark Office, alleging that NACA owns the term "Campus Activities" as its sole trademark.  Read one of their shocking trademark applications here.  In this application (which is but one of several filed by NACA for this alleged trademark), NACA claims that NACA (and NACA alone) has the EXCLUSIVE right to use the trademark "CAMPUS ACTIVITIES" in the following contexts:

    "Entertainment and educational services, namely, marketing entertainment to colleges or universities and creating educational and business opportunities for students, advisors and administrators in institutions of higher learning and professional members and associate members; entertainment and educational services, namely, providing a website that displays various requests, reviews, recommendations, rankings, trackings, votes, and information relating to uncreated, unreleased, new, special, popular, and rare products, services, and events in the fields of entertainment and education at colleges or universities; multimedia publishing of magazines and electronic publications directed to entertainment and educational programs at colleges or universities; cooperative buying/block booking; education services, namely, providing program planning, risk management, multicultural education, concert management, student and professional leadership development, student government training for institutions of higher learning and professional members."

  • You can browse the TTAB website for all of the pending cases there, where NACA has claimed the exclusive rights to the term "CAMPUS ACTIVITIES" by clicking here and viewing the pending cases, pleadings, and Orders of the TTAB.

 

PROGRESS OF THE CASE

  • A request for a Jury Trial was filed on August 29, 2008.

  • The case was stayed temporarily on November 20, 2008, while the Trademark Trial and Appeal Board hears argument on NACA’s claim that they own the sole right to use the term “Campus Activities” in commerce in the college market.

  • We are looking for evidence and witnesses to assist in this matter.  NACA is claiming that they (and they alone) own the trademark rights to the terms “campus activities”, “campus activities programming”, and several related marks.  We believe that there are many schools and agencies out there who would strongly disagree.  If you have any information about a prior use of the term “campus activities” prior to any alleged use by NACA, of if you want to be advised of your opportunity to object to NACA’s trademark applications or to testify in this case, please contact Mr. Lambert.  For more information about NACA’s claims, our requests for assistance, and your right and opportunity to object to NACA’s applications, please read the editorial from Campus Activities Magazine, under “Media Reports” below.

 

MEDIA REPORTS