Attorneys for Baylor are seeking to prevent Boston University from using “a specific interlocking BU design that is identical or strikingly similar to Baylor’s federally registered marks.”
Baylor University has filed a lawsuit against Boston University, claiming that the Massachusetts-based school’s logo infringes on trademark protections.
According to CBS News, the complaint was filed earlier this week in Waco, Texas, where the Baylor University campus is located. Attorneys for the school are seeking to prevent Boston University from using “a specific interlocking BU design that is identical or strikingly similar to Baylor’s federally registered marks.”
“This is an action for trademark infringement, unfair competition, and false designation of origin under the Trademark Act of 1946,” the lawsuit states.
In court documents, Baylor stated that it has been using an “interlocking BU”-type design as its logo since at least 1912, with a trademark registered in 1987.
Boston University initially opposed Baylor’s application for a trademark but reached an agreement that lets Boston university retain a non-interlocked, side-by-side “BU” logo.
However, Baylor said that this agreement has broken down in recent years, with Boston University selling hats and other merchandise featuring interlocked designs.
Baylor claims that it contacted Boston University about the alleged infringement in 2021, but that their request was ignored.
“Rather, its use has continued to expand, and a very large number of such goods now appear on the Defendant’s website,” the lawsuit alleges.
Baylor also says that Boston University has started to use the interlocking logo in connection with its collegiate sports clubs—an accusation that Brian Kelley, a spokesperson for Boston University’s athletics department has denied.
“The interlocking BU is not a varsity athletics logo,” Kelley wrote in a social media post. “We do not use it in our department.”
The lawsuit seeks a court order prohibiting Boston University from using or continuing to use an interlocking BU logo; it also asks that Boston University be ordered to destroy any unsold products that infringe upon its trademark.
“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, which consumers have come to know and trust as symbols of quality,” attorneys for Baylor wrote.
“Unless these acts of the Defendant are restrained by this Court, they will continue, and they will continue to cause irreparable injury to Baylor and to the public for which there is no adequate remedy at law,” the lawsuit alleges.
Aside from a court order against Boston University’s use of an interlocking BU design, Baylor is also seeking the repayment of its legal expenses.
Sources
Boston University faces lawsuit from Baylor University over “BU” logo
Boston University might have to stop using ‘BU’ logo following lawsuit
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