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(BAA files counterclaim against Baylor University)
(BAA to defend itself, file counterclaim against Baylor lawsuit)
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BAA is seeking a judgment compelling Baylor to uphold its obligations under an official recognition agreement, which it says establishes the BAA as the university鈥檚 official alumni association.
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BAA President Keith Starr announced the news in written statement Wednesday. The lawsuit charges BAA is improperly using Baylor鈥檚 name and trademarks.
  The organization also wants a <a href=http://www.cicviseu.net/page.php?sale=Tory-Burch-Reva-Leather-Clutch>Tory Burch Reva Leather Clutch</a>  ruling preventing Baylor from continuing to operate its Baylor Alumni Network, which the lawsuit alleges was created to undermine the BAA鈥檚 alumni outreach and communication activities.
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The lawsuit stems from long-standing tension between the two entities about BAA鈥檚 independent status.
In a press release, BAA President Keith Starr, who is no relation to Baylor President Ken Starr, said the group has spent about a month trying to work out a settlement with Baylor, but those talks have failed.
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  A transition agreement crafted by Baylor regents and a <a href=http://architectscanterbury.co.uk/page.php?sale=Louboutin-Elisa>Louboutin Elisa</a>  group of elected BAA leaders and members of the board, which would have dissolved the organization鈥檚 charter, failed to secure enough votes from alumni association members to pass. Those leaders and several other association board members resigned after the failed vote.
Julie Hillrichs, a spokeswoman for the BAA, said attorneys for Baylor鈥檚 board of regents gave the BAA until Thursday to approve a settlement offer. But the alumni association appealed to extend the agreement until Sept. 6 so it could adopt new bylaws, a process that requires approval by two-thirds of its members, then take a full membership vote on the agreement.
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  鈥淲e have tried for several years now to reach an agreement with the university that enables us to preserve our name; the title of our magazine, the Baylor Line; and keeps our commitment to thousands of Baylor alumni,鈥?Starr said in the release.
  The regents denied the request. The BAA filed its answer and counterclaim Wednesday in McLennan County鈥檚 74th State District Court.
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鈥淗owever, the university has rejected our attempts at peace for over a decade and has chosen to continue its efforts to marginalize the BAA, up to and including suing its officially recognized alumni organization.鈥?
鈥淎t the end of the day, our efforts at peace failed, and the timetable insisted on by the regents was unworkable,鈥?Keith Starr said in the press release. 鈥淣ow, we must reluctantly, but resolutely, defend the claims made against us and prosecute our counterclaims.鈥?
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  Keith Starr is not related to Baylor President Ken Starr.
  The BAA said the terms of the settlement offer must remain confidential.
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  Keith Starr told the Tribune-Herald the BAA is finalizing options for legal counsel to represent the organization.
  Baylor spokeswoman Lori Fogleman said in an email: 鈥淥ver the course of the last two years, Baylor鈥檚 administration and Board of Regents have proactively engaged the alumni <a href=http://www.cicviseu.net/page.php?sale=Jimmy-Choo-Stores>Jimmy Choo Stores</a> association in negotiations. Our most recent discussions were with yet another group of leaders appointed by the association for this purpose. Regrettably, our attempts at resolution have been unsuccessful.
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  鈥淭he executive committee is disappointed that we find ourselves being sued by the institution we all care about,鈥?Keith Starr said.
  鈥淪adly, the association appears to be unable to chart for itself or to otherwise approve a productive course forward in support of Baylor University and its students. The association鈥檚 actions today are disappointing to us all.鈥?
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  Baylor filed the lawsuit last week in Waco鈥檚 74th District Court, arguing that it has severed the licensing agreements that previously allowed the BAA to use the university鈥檚 name and to operate as Baylor鈥檚 official alumni organization.
  Baylor鈥檚 lawsuit alleges that the BAA no longer has rights to use its name and licensed marks after the university moved to terminate licensing agreements with the alumni group in the fall.
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The alumni association previously has argued that those agreements, signed in 1993 and 1994, are in effect in perpetuity and cannot be terminated, which should allow the group to continue operating with the same name.
  The school is seeking a judgment barring the group from continuing to hold itself out as the university鈥檚 official alumni association and injunctive <a href=http://architectscanterbury.co.uk/page.php?sale=True-Religion-Brand-Jeans>True Religion Brand Jeans</a>  relief 鈥渢o limit BAA鈥檚 purposes by reformation to provide only financial aid to Baylor students.鈥?
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  Failed agreement
  The university severed the arrangements after a failed attempt to approve a transition agreement that would have dissolved the BAA, allowed Baylor to assume most of the group鈥檚 alumni outreach activities and created a Baylor Line Corp. to continue producing the BAA鈥檚 The Baylor Line alumni magazine.
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Baylor initially gave the BAA until Dec. 8 to stop using its name, a notice that followed the Sept. 7 vote on the transition agreement.
  In its counterclaim, the BAA alleges Baylor is in violation of its agreements with the alumni group.
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The agreement had approval from 55 percent of BAA members who voted on the issue in person, then a requirement in the group鈥檚 bylaws. But a two-thirds majority was needed to approve it.
  鈥淥ver the years, the relationship between the BAA and the university cherished by its members has soured,鈥?the counterclaim says.
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  The university is seeking a judgment ordering the group to <a href=http://architectscanterbury.co.uk/page.php?sale=Buy-True-Religion-Jeans>Buy True Religion Jeans</a>  cease using registered marks, including the name 鈥淏aylor鈥?and 鈥淏aylor University.鈥?
  鈥淏aylor鈥檚 administration and Board of Regents, determined to silence the BAA鈥檚 independent voice and to seize control of alumni relations and fundraising, embarked on a course toward the destruction of the independent BAA and the usurpation of its functions by the university. Baylor鈥檚 filing of this suit was the culmination of the effort to destroy the BAA.鈥?
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The university also wants injunctive relief 鈥渢o limit BAA鈥檚 purposes by reformation to provide only financial assistance to Baylor students.鈥?
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  Baylor spokeswoman Lori Fogleman on Monday said the BAA has 鈥渇ailed to act in response to the university鈥檚 continued request to provide any real or concrete plan of action to Baylor. The university is moving to protect the interest of Baylor, its students and alumni by seeking appropriate legal relief rather than simply waiting further for some indication of actual progress from the association.鈥?
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  Fogleman declined additional comment Wednesday on the BAA鈥檚 response.
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Baylor charged in the lawsuit that the BAA has 鈥渁bandoned its charitable purposes鈥?as outlined in the association鈥檚 bylaws, including raising money for student scholarships.
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  The suit specifically notes a $1 million scholarship pledge from the BAA in February 2013 that was never completed, though the BAA has said the donation was not completed because of the discussions surrounding <a href=http://www.cicviseu.net/page.php?sale=Jimmy-Choo-Wedding-Shoe>Jimmy Choo Wedding Shoe</a>  the transition agreement.
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鈥?BAA) has not abandoned its charitable purpose, to the extent that its charitable purpose has been impeded by conduct of the university,鈥?Keith Starr said.
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  Baylor hired 10 of the BAA鈥檚 staff after the vote on the transition agreement, Keith Starr said. But Fogleman said those hires were requested and approved by association leaders and included as part of the transition agreement. Though the agreement failed, Baylor went through with the hires.
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Alumni center razed
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The university in July razed the Hughes-Dillard Alumni Center the BAA had used as its headquarters since 1978, and later kicked the remaining BAA staff out of on-campus offices the organization had moved into, an action that followed the Dec. 8 deadline.
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Fogleman said the same elected BAA leaders who agreed to the transition agreement also signed off on razing Hughes-Dillard in a separate document, a claim also made in Baylor鈥檚 lawsuit.
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The BAA has continued to meet to discuss its future direction and mission. The group鈥檚 board of directors announced plans earlier this month to solicit feedback from members on three possible options 鈥?solely raising money for scholarships, focusing only on alumni communications or a combination of both activities.
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Keith Starr said the BAA still will proceed with those plans.

Revision as of 18:31, 15 September 2014

@@@ BAA President Keith Starr announced the news in written statement Wednesday. The lawsuit charges BAA is improperly using Baylor鈥檚 name and trademarks.

The lawsuit stems from long-standing tension between the two entities about BAA鈥檚 independent status.
A transition agreement crafted by Baylor regents and a <a href=http://architectscanterbury.co.uk/page.php?sale=Louboutin-Elisa>Louboutin Elisa</a>  group of elected BAA leaders and members of the board, which would have dissolved the organization鈥檚 charter, failed to secure enough votes from alumni association members to pass. Those leaders and several other association board members resigned after the failed vote.
鈥淲e have tried for several years now to reach an agreement with the university that enables us to preserve our name; the title of our magazine, the Baylor Line; and keeps our commitment to thousands of Baylor alumni,鈥?Starr said in the release.
鈥淗owever, the university has rejected our attempts at peace for over a decade and has chosen to continue its efforts to marginalize the BAA, up to and including suing its officially recognized alumni organization.鈥?
Keith Starr is not related to Baylor President Ken Starr.
Keith Starr told the Tribune-Herald the BAA is finalizing options for legal counsel to represent the organization.
鈥淭he executive committee is disappointed that we find ourselves being sued by the institution we all care about,鈥?Keith Starr said.
Baylor filed the lawsuit last week in Waco鈥檚 74th District Court, arguing that it has severed the licensing agreements that previously allowed the BAA to use the university鈥檚 name and to operate as Baylor鈥檚 official alumni organization.
The alumni association previously has argued that those agreements, signed in 1993 and 1994, are in effect in perpetuity and cannot be terminated, which should allow the group to continue operating with the same name.
Failed agreement
Baylor initially gave the BAA until Dec. 8 to stop using its name, a notice that followed the Sept. 7 vote on the transition agreement.
The agreement had approval from 55 percent of BAA members who voted on the issue in person, then a requirement in the group鈥檚 bylaws. But a two-thirds majority was needed to approve it.
The university is seeking a judgment ordering the group to <a href=http://architectscanterbury.co.uk/page.php?sale=Buy-True-Religion-Jeans>Buy True Religion Jeans</a>  cease using registered marks, including the name 鈥淏aylor鈥?and 鈥淏aylor University.鈥?
The university also wants injunctive relief 鈥渢o limit BAA鈥檚 purposes by reformation to provide only financial assistance to Baylor students.鈥?
Baylor spokeswoman Lori Fogleman on Monday said the BAA has 鈥渇ailed to act in response to the university鈥檚 continued request to provide any real or concrete plan of action to Baylor. The university is moving to protect the interest of Baylor, its students and alumni by seeking appropriate legal relief rather than simply waiting further for some indication of actual progress from the association.鈥?
Fogleman declined additional comment Wednesday on the BAA鈥檚 response.
Baylor charged in the lawsuit that the BAA has 鈥渁bandoned its charitable purposes鈥?as outlined in the association鈥檚 bylaws, including raising money for student scholarships.
The suit specifically notes a $1 million scholarship pledge from the BAA in February 2013 that was never completed, though the BAA has said the donation was not completed because of the discussions surrounding <a href=http://www.cicviseu.net/page.php?sale=Jimmy-Choo-Wedding-Shoe>Jimmy Choo Wedding Shoe</a>  the transition agreement.
鈥?BAA) has not abandoned its charitable purpose, to the extent that its charitable purpose has been impeded by conduct of the university,鈥?Keith Starr said.
Baylor hired 10 of the BAA鈥檚 staff after the vote on the transition agreement, Keith Starr said. But Fogleman said those hires were requested and approved by association leaders and included as part of the transition agreement. Though the agreement failed, Baylor went through with the hires.
Alumni center razed
The university in July razed the Hughes-Dillard Alumni Center the BAA had used as its headquarters since 1978, and later kicked the remaining BAA staff out of on-campus offices the organization had moved into, an action that followed the Dec. 8 deadline.
Fogleman said the same elected BAA leaders who agreed to the transition agreement also signed off on razing Hughes-Dillard in a separate document, a claim also made in Baylor鈥檚 lawsuit.
The BAA has continued to meet to discuss its future direction and mission. The group鈥檚 board of directors announced plans earlier this month to solicit feedback from members on three possible options 鈥?solely raising money for scholarships, focusing only on alumni communications or a combination of both activities.
Keith Starr said the BAA still will proceed with those plans.
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