Baylor University has lodged a legal complaint to lock down its use of interlocking letters.
In its complaint filed in the U.S. District Court for the Western District of Texas Waco Division on Friday, Baylor accused Boston University of unauthorized use of an interlocking “BU” mark in its school merchandise, club sports and branding guidelines.
Baylor owns the right to use the interlocking BU on a variety of items including clothing, tumblers, umbrellas and stationery. It alleges federal trademark infringement, false designation and unfair competition.
Despite contrasting school colors—red and white for Boston University and green and gold for Baylor—Baylor says in the complaint that Boston University’s use of the interlocking BU allows it “to trade on and receive the benefit of goodwill built up at great labor and expense by Baylor,” and to “gain acceptance for its goods and services not solely on his own merits, but on the reputation and goodwill of Baylor, its Interlocking BU, and Baylor’s products and services.”
This is not the first time the institutions have locked horns over the logo. In 1987, Baylor applied to register the use of the interlocking letters, but Boston opposed the effort and the colleges agreed to co-exist under the “BU” mark.
Boston later removed its opposition, and for 30 years Baylor held the key to the interlocking BU until 2018, when it discovered three hats in Boston’s campus spirit store displaying the mark in “identical and/or confusingly similar” ways. Baylor said it communicated its objection in 2021, but Boston did not stop branding with the logo. Instead it has expanded its use, according to Baylor, which included images of a serving tray, blanket and sails for club sports, all bearing the locked-up letters, in the complaint.
Baylor wants Boston to destroy all merchandise, packaging and signage bearing the interlocking BU. It’s seeking to recover its legal costs and any other relief the court deems appropriate.
