VALLEY FORGE MILITARY ACADEMY & COLLEGE AND THE VALLEY FORGE MILITARY ACADEMY & COLLEGE ALUMNI ASSOCIATION ARE PLEASED TO ANNOUNCE THAT A SETTLEMENT HAS BEEN REACHED IN THEIR LITIGATION AGAINST THE VALLEY FORGE OLD GUARD (“VFOG”) DEFENDANTS. In 2009, the school and its alumni association filed a federal lawsuit alleging trademark infringement and related claims against a very small group of dissident alumni. The lawsuit was reluctantly filed only after several requests and cease and desist letters were sent to the group, and only after it became clear that this small group would not cease its actionable conduct, and the school’s trademarks and intellectual property rights might be compromised if the conduct was ignored. While the wheels of justice ground slowly, a federal court entered an Order and decision in about late May 2014 upholding the merits of each and every count and cause of action asserted in the Complaint against the VFOG Defendants, and directed that the school and alumni association’s case against the VFOG Defendants proceed to trial. The VFOG Defendants have now signed a written General Mutual Release and Settlement Agreement with the VFMA Plaintiffs. Key points of the written settlement agreement are that: 1. Each and all of the VFOG Defendants agree to forevermore cease future infringement of the VFMA Plaintiffs’ trademarks or copyrights or to make any statements falsely stating or implying that they or any other entity of theirs is in any way associated with or sponsored or endorsed by the school or its alumni association. 2. The VFOG Defendants will promptly do everything that is necessary to dissolve Defendant Valley Forge Old Guard, Inc. 3. If either side breaches the settlement agreement, that side will be responsible for the other side’s counsel fees incurred in later enforcing the settlement agreement; 4. The Persona Non Grata (“PNG”) letters upon the individual VFOG Defendants, their imposition, or their lifting have never been and are not a part of the federal court litigation, and are not part of any mutual releases regarding the litigation – which is what the school and its alumni association have said all along. The written settlement agreement is not confidential, and anyone who is interested in reviewing same can do so. For more information, please contact Tom Goldblum ’69, Director of Alumni Relations.
Posted on: Mon, 15 Sep 2014 19:27:44 +0000
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