Baylor University filed a lawsuit against the trustees of Boston University over the latter’s use of an interlocking BU design that it calls “essentially identical and/or confusingly similar to Baylor’s federally registered marks.”
Baylor’s complaint, which was filed Aug. 8 in U.S. District Court in Waco, includes counts of trademark infringement, unfair competition and false designation of origin. However, it also acknowledges the two school’s shared initials and outlines a suit that is “relatively exclusive in scope.”
The filing says Baylor “does not generally object” to Boston’s use of the shared initials, but notes that the Massachusetts-based institution “has primarily and historically used stylized marks that display the letters side-by-die.”
Rather, it is the interlocking BU design that is at issue.
“[Boston University’s] unauthorized use of an interlocking BU mark is likely to cause confusion, to cause mistake, or to deceive consumers and potential consumers of the parties as to some affiliation, connection, or association of [Boston University] or its offerings with Baylor,” the lawsuit says.
The conflict between the two schools dates back to Baylor’s original trademark application in 1987. Boston initially opposed the application before the two schools entered into a coexistence agreement in 1988 that relates to each institution’s respective uses of “BU.”
The complaint says Baylor became aware of Boston’s use of an interlocking BU similar to its trademark in 2018 and communicated an objection in 2021, after use of the mark “appeared to be expanding.”
Despite the objection, Boston “has refused to cease use and has in fact expanded its use,” according to the filing. The lawsuit today seeks remedy by asking that Boston “be permanently enjoined from using an interlocking BU mark” and destroy any goods with the mark. The suit also asks that Boston files a report within 30 days to detail how they have complied with the injunction and that Baylor recovers related legal fees.
Find more Baylor coverage from The Dallas Morning News here.
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