Two groups claim authority over the Texas arm of the American GI Forum, a historic Hispanic veterans organization, in a San Antonio federal court fight over leadership and its name.
John Carl D’Annibale/Albany Times Union
Two groups claiming authority over the American GI Forum in Texas are battling in San Antonio federal court over leadership and the right to use the historic veterans organization’s name.
The American GI Forum of the United States Inc., the congressionally chartered organization founded to advocate for Hispanic veterans, entered the fray last week, siding with a group led by Felix Rodriguez.
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A nonprofit corporation called American GI Forum of Texas Inc. sued Rodriguez on June 17, when a three-day state conference Rodriguez organized under the American GI Forum of Texas name was scheduled to begin at the San Antonio Marriott Northwest Medical Center.
The nonprofit, which recognizes Phillip Gutierres as its state commander, holds a federal trademark registration for the American GI Forum name.
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The day the lawsuit was filed, state District Judge Mary Lou Alvarez granted the Texas nonprofit a temporary restraining order preventing Rodriguez from using the American GI Forum of Texas name and directing him to cancel any events under its name.
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A temporary injunction hearing was set for July 1 but was later rescheduled for July 24. Four days before the hearing, Rodriguez moved the case to federal court in San Antonio.
Split with national organization
Rodriguez alleged in a July 27 countersuit that the Texas nonprofit lost the right to use the American GI Forum name after its leadership was expelled and its charter revoked by the national organization in 2024.
He said in his counterclaims that the Texas nonprofit’s executive board attended the national convention and had argued that the Texas organization was autonomous and wasn’t bound by the national organization’s rules, constitution and bylaws.
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Rodriguez added that the expulsion followed an investigation into complaints that the Texas nonprofit’s officers had attempted to seize the assets, books, records and accounts of a San Antonio chapter — the Miguel Hernandez Jr. Memorial Chapter.
An investigative report was presented at the 2024 national convention before delegates voted to expel the Texas nonprofit’s leadership, though the court filings do not disclose the report’s findings.
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In February, the American GI Forum of the United States held a special election to “reconstitute” its “recognized Texas state leadership.” That’s when Rodriguez was elected state commander.
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On Aug. 18, the national American GI Forum and its commander, David Rodriguez, formally joined the litigation after U.S. District Judge Xavier Rodriguez granted their request to intervene.
The national organization wants the judge to declare that the 2024 expulsion and charter revocation were valid, that the February election of Felix Rodriguez was valid and that the Texas nonprofit no longer has the right to use the American GI Forum name.
The national group also wants the judge to invalidate the Texas nonprofit’s federal trademark registration for American GI Forum. The nonprofit applied for the trademark in December 2024, four months after the national organization says it expelled the group, and obtained the registration in October 2025.
Founding
The American GI Forum movement was founded in 1948 in Corpus Christi under the leadership of Dr. Hector P. Garcia, a Mexican American physician and World War II veteran.
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It was created to fight discrimination against Mexican American veterans and help them obtain benefits they had earned through military service. It later broadened its work to civil rights, education and economic opportunity.
Congress granted the American GI Forum of the United States a federal charter in 1998, recognizing the veterans organization in federal law. The national group has organized and recognized state and local chapters, conducted conventions and elected officers.
In its lawsuit, the Texas nonprofit said it was founded in 1949, is based in Austin, remains current on its annual public information reports with the Texas comptroller and holds a federal trademark registration for the American GI Forum name.
Trademark application
When the American GI Forum of Texas applied to trademark the name American GI Forum, the U.S. Patent and Trademark Office initially refused registration in June 2025, citing potential confusion with an existing trademark.
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The nonprofit later obtained a consent agreement from the holder of the older American GI Forum-related trademark — the American GI Forum National Veteran’s Outreach Program Inc., a San Antonio-based nonprofit. The nonprofit also claimed acquired distinctiveness through at least five years of substantially exclusive and continuous use.
The national organization countered that the Texas nonprofit made “materially false or misleading” statements about its ownership, historical use and affiliation with the American GI Forum in its trademark filings. The filings came after the national group said it expelled the nonprofit.
Brownsville attorney Virginia Hermosa, who represents the Texas nonprofit and Austin lawyer David Dunham, who represents both the national organization and Felix Rodriguez, didn’t respond to requests for comment.