WACO, Texas (KXXV) — Baylor University filed a civil complaint in a Texas federal court on Friday, accusing Boston University of taking its recognizable "interlocking BU design."
"As Defendant [Boston University] has refused to cease use and instead significantly expand its use, Baylor now seeks Court intervention," court documents 25 News obtained read.
The complaint against Boston University is for trademark infringement, unfair competition, and false designation of origin.
Baylor has used the interlocking BU design as early at 1912, and its licensees have frequently and continuously used the BU mark in the interlocking design.
"The Interlocking BU is one of Baylor’s most recognizable identity designations for the university’s educational, research, and athletics offerings," the civil complaint reads.
Included in the court filings is a record of trademarks Baylor has obtained that includes six variations of the interlocking BU design and what it is used for, including clothes, merchandise, banners, educational services and sporting events.
In 1987, the court filing reads, that Baylor applied to register one of the trademarked designs, the Interlocking BU in class 25, but the Defendant opposed the application. Then, the two universities subsequently entered into a coexistence agreement in 1988 relating to their respective used of the "BU".
Then, Baylor became aware of Boston's use of the, "essentially identical and/or confusingly similar interlocking BU in connection with the promotion and sale of three hat styles through its 'BU Campus Spirit Shop,' in 2018."
Baylor then communicated its objection to Boston in or around December 2021, but Boston did not stop the use of the interlocking BU design after that.
The court filing reads, "Defendant [Boston University] now uses an interlocking BU in connection with its club sports, including women's rugby, sailing, men's volleyball, and cycling, and the logo appears on its branding guidelines."
The interlocking BU design was also seen on merchandise that appeared on Boston's website, including shirts, blankets, hats, and other items.
Baylor said in the court filing that it does not object to the historical use of Boston University's "BU" initials being used side-by-side.
In the court filing, Baylor asks that the defendant stops using the interlocking BU mark, destroy all goods, packaging, signage, advertisements, internet postings, and other materials using the interlocking BU mark, and that Baylor recovers to cost of this action, and prejudgment and post-judgment interest, as well as recover other relief the court deems appropriate.
25 News reached out to Baylor University for a comment on the complaint, but they declined to comment further and referred us to the court filings.
25 News also reached out to the Boston University Board of Trustees. The Assistant Vice President said the board typically does not comment on matters in the press and referred us to the university's public relations office, which said the university does not comment on pending or potential legal matters.
