Baylor University has sued Boston University for the private university’s use of the interlocking ‘BU’ logo design.
The lawsuit, which was filed in Texas federal court on Aug. 8, is against the Trustees of Boston University and 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.
‘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.
The lawsuit states that Boston University’s interlocking ‘BU’ mark is ‘essentially identical and/or confusingly similar to Baylor’s federally registered Interlocking BU.’
The school 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.
The lawsuit mentions that 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 when 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. 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. 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.
This isn’t the first time that both universities have taken up this matter legally.
As noted in 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.’
Baylor University, which competes in the Big 12 Conference, was founded in 1849. Boston University, which competes in the Patriot League and Hockey East, was founded in 1839.
USA TODAY Sports’ Scooby Axson contributed to this story
