Universities Battle Over Logos in Recently Filed Trademark Lawsuit

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On August 8, 2025, Baylor University filed a federal lawsuit against Boston University alleging trademark infringement and unfair competition over Boston University’s use of an interlocking BU design.

The Lawsuit

Baylor’s complaint asserts that it, and its licensees, have used an interlocking BU mark since 1912.

Baylor applied for federal trademark protection of its interlocking BU mark in 1987 and its trademark registrations do not claim specific colors. Baylor’s complaint further alleges that its interlocking BU mark is “one of Baylor’s most recognizable identity designations for the university’s education, research, and athletic offerings.” Baylor also asserts that it “operates an extensive trademark licensing program, in which it licenses its marks under controlled conditions for use in connection with a wide range of products and services sold to the consuming public, including apparel and accessories.”

Baylor’s complaint claims that Boston University has primarily and historically used a stylized mark that displays “BU” side by side, but claims that Boston University recently began using an interlocking BU design.

Baylor became aware of Boston University’s use of an interlocking BU mark in 2018 when Boston University began selling hats featuring the interlocking BU. Baylor alleges that Boston University’s use of the interlocking BU “appeared to be expanding,” so Baylor “communicated its objection” to Boston University’s use of the interlocking BU in 2021. Baylor alleges Boston University’s use of the interlocking BU continued to expand after Baylor’s objection since Boston University was selling a “large number” of goods featuring the interlocking BU on its website. Baylor further alleges that Boston University began using the interlocking BU in connection with its club sports. Baylor’s complaint does not object to Boston University using BU, but instead objects only to use of an interlocking BU design.

This is not the first time the parties have disputed each other’s use of “BU.” When Baylor applied for federal trademark registration for its interlocking BU mark in 1987, Boston University opposed Baylor’s application. In 1988, the parties settled their dispute and entered into an agreement defining the right of each school to use “BU.” The agreement provided that “[u]se of a school’s initials to refer to the school is commonplace and it would greatly harm Boston University and Baylor University if they were prohibited from using ‘BU’ in connection with services and on products intended to permit members of the public to express their allegiance to the respective schools….” However, Baylor’s complaint argues that the parties’ agreement contemplated Boston University’s use of BU being limited to “side by side on a horizontal plane” and “created no right of use of an identical interlocking BU stylized mark.” Baylor ultimately alleges that Boston University’s use of an interlocking BU logo violates the parties’ prior agreement and constitutes trademark infringement and unfair competition.

Boston University’s deadline to submit its response is forthcoming and has not made a formal comment on the lawsuit.

Takeaways

First, this case serves as a reminder that trademark owners must remain diligent in enforcing and protecting their trademarks. Even when there is a coexistence agreement between the parties, trademark owners must continue to monitor the uses of the other party to ensure they are not expanding use in a manner that constitutes infringement.

Second, trademark law focuses on more than just names—design, presentation, logos, and style choices are also important. Trademark owners must protect more than just the words they use and should also protect the distinctive way they present them. While the dispute is positioned to provide interesting insights and arguments between the two universities, its impact may extend more broadly. Baylor’s registered trademarks do not claim specific colors and thus, as Baylor argues, allows Baylor broad leeway to exclude others’ use of interlocking BU logos. Boston University will likely argue its use of interlocking BU is distinct given the primary use of red and white. The extent and scope of protection that is afforded to Baylor’s registered interlocking BU marks will therefore likely be a major component of the lawsuit. Any legal determination regarding the scope of Baylor’s color agnostic registrations in the face of divergent colors in use may have broader reaching impact.

Third, and most importantly, trademarks are more than just creative design choices. They are assets that need protection. As Baylor University alleges, its interlocking BU mark benefits from “an extensive trademark licensing program” and thus provide the university with a revenue stream. The outcome of this lawsuit may strengthen, or weaken, Baylor’s trademarks.   

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