Baylor University has filed a federal lawsuit against Boston University over the latter's marketing of an interlocking "BU" logo design that is "essentially identical and/or confusingly similar to Baylor’s federally registered Interlocking BU."
Filed in Texas federal court Friday, the lawsuit targets the Trustees of Boston University for federal trademark infringement, federal unfair competition and false designation of origin under the Trademark Act of 1946, Texas statutory trademark infringement and common law trademark infringement, per the reporting of John Leuzzi of USA TODAY.
"While Baylor does not generally object to Defendant’s use of the initials 'BU' in connection with its university, it does object to Defendant’s adoption and use of a specific interlocking BU design that is identical or strikingly similar to Baylor’s federally registered marks," states the lawsuit, which was obtained by the USA TODAY Sports Network.
Both Baylor and Boston University are private institutions. While both logos appear to utilize a block-letter font, some versions of Baylor's initials feature small notches.
Baylor has used the interlocking logo since 1912, and its website claims it is one of the university’s “oldest and most enduring” symbols, appearing on most of the school's merchandise.
“As a result of Baylor’s long and extensive use of the Interlocking BU, Baylor has developed an enormous amount of goodwill, public recognition, and strong rights in those marks,” the university's complaint reads, as reported by boston.com.
Baylor is asking the court to require Boston University to "destroy all goods, packaging, signage, advertisements, internet postings and advertisements, and any other materials bearing or using an interlocking BU mark" and for Baylor to recover the costs of this lawsuit, with interest, and to receive any further financial relief that is determined, Leuzzi reported.
According to the lawsuit, Baylor became aware of a promotion and sale of three hats by Boston University's campus spirit store in 2018 that used "an essentially identical and/or confusingly similar interlocking BU" logo. It said when Baylor notified Boston University of this "in or around December 2021," the school "did not cease use" of the logo.
"Looking at Boston University's website for the acceptable branding logos for the university and the university's athletic department, the interlocking 'BU' logo that the lawsuit is referring to does not appear," Leuzzi wrote Monday for USA TODAY. "The university's athletic department page does, however, show a 'BU' logo with the letters side by side rather than interlocking."
"The interlocking logo does appear in several offerings on Boston University's Campus Store website and another website that sells Boston University-licensed merchandise, as alluded to in the lawsuit," Leuzzi's report continues. "Notably, the lawsuit mentions that the interlocking 'BU' logo that Baylor is seeking removal of is used by several of Boston University's club sports programs, which look to be sponsored by Boston University's Fitness and Recreation Center and not its athletic department."
According to the lawsuit, Baylor applied to register the interlocking "BU" logo design with the U.S. Patent and Trademark Office in 1987, but Boston University opposed the application. Both universities would settle a year later, when they signed an agreement that stated both universities "must be able to coexist by using the letters 'BU' for their respective universities," Leuzzi reported.
