Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, May 10, 1994                   TAG: 9405100111
SECTION: CURRENT                    PAGE: NRV-2   EDITION: NEW RIVER VALLEY 
SOURCE: 
DATELINE: ROANOKE                                LENGTH: Medium

NATIONAL SIG EPS SUE RU GROUP GROUP AT RADFORD

The national fraternity filed suit in the U.S. District Court in Roanoke this week against the Radford group and its officers, most of whom are Radford University students.

Radford University withdrew its recognition of the local chapter in the spring of 1990, citing repeated individual incidents such as destruction of university property, hazing and fighting that the university believed were fraternity-related.

The national fraternity canceled the local fraternity's charter in December 1991. "The charter was withdrawn due to continued risk management violations and behavioral problems with members of the chapter," the lawsuit states.

"Certain persons identifiable as members of Sig Ep have engaged in activities in the Radford, Virginia community which have caused negative publicity to the fraternity and have brought the name of the fraternity into disrepute," the suit said. Several members of the Radford group have been charged with felonies after fights involving other students, frequently from rival fraternities at the university.

Despite the revocations, the fraternity said, the Radford group has continued to use the fraternity trademarks and the Sig Ep name. Those actions, the fraternity said, misrepresent to prospective members and people in Radford that the group is associated with Sigma Phi Epsilon fraternity.

The national fraternity said even the abbreviated name Sig Ep should be banned.

"The fraternity and its members are known among fraternities, sororities and university officials throughout the nation as Sig Ep and Sig Eps," the suit papers said. It contended that use of the phrase is confusingly similar to the national fraternity and directly violates federal trademark laws.

The Radford use of Sig Eps, the suit said, "constitutes a direct appropriation of the good name of the fraternity."

The plaintiff asked the court to issue an injunction that would prevent the Radford group from:

Using any of the fraternity's federally registered trademarks, service marks and symbols.

Wearing any hats, shirts or other apparel bearing any of the trademarks or any abbreviated form of those trademarks.

Representing to other people that they are Sig Eps or in any way associated with Sigma Phi Epsilon.

Listing the name Sig Ep or any derivative form of that name in any directory, map, advertisement or publication.

In addition to Sig Ep, defendants are Travis Ward, president; James Barrett Bogle, vice president; Charles T. Winstead, secretary; and Patrick W. Kannan, treasurer. All are of Radford.

James Turk Jr., a Radford lawyer who has represented the Sig Eps in the past, said Friday that he was not aware of the suit and could not comment on it without reading the complaint. He said Radford University dismissed its students Friday and he believes most members of the organization had left Radford.