Overview:
A coexistence agreement between Boston University and Baylor University unravels and rolls into court as a trademark dispute. How might consumer surveys dispel this logo rivalry?
BU vs. BU
Baylor University is located in Waco, Texas, and has used a stylized interlocking BU trademark since 1912. Boston University is located in Boston and has historically used its initials, BU, side by side. In 1987, Baylor University filed with the United States Patent and Trademark Office for protection of its interlocking BU logo. Boston University opposed the attempt. In 1988, the two schools reached a coexistence agreement, allowing both universities to use “BU,” but not in exactly the same way.
In 2018, Baylor discovered Boston’s use of an interlocking “BU” on three hat styles sold through the campus spirit store. Baylor formally objected in 2021, but the interlocking BU usage in Boston expanded to more items, including club sports apparel. Thirty years after the coexistence agreement, Baylor filed suit in Waco, Texas, claiming Boston University was using an identical interlocking design on merchandise, promotions, and online platforms, violating the terms of the original agreement. Baylor’s suit alleged trademark infringement, unfair competition, and false designation of origin, arguing that Boston University’s branding creates consumer confusion, particularly in athletics and apparel markets.
High-Stakes Higher Education Logo Licensing
Universities earn substantial revenue from licensing their logos. Licensing apparel alone is a $4.6 billion industry, and protection of these logos helps safeguard critical income streams. University apparel is sold across states, making consumer confusion a larger concern. When market competition is high, rivalry can reach the courtroom.
Will Consumer Surveys Get Called Into Play?
Consumer perception may be central to this dispute, and when perception is at issue, consumer surveys are frequently called into play. In a trademark dispute, either party may retain a consumer survey expert and conduct consumer survey research. Likelihood of confusion surveys are often used as evidence in matters like this, to measure consumer confusion as to origin and affiliation of similar marks. Additionally, a secondary meaning survey could be used to measure whether an interlocking BU is distinctively associated with Baylor.
While the universities’ color schemes differ—green and gold for Baylor, red and white for Boston—trademark infringement and consumer confusion may still exist as to the sources of products bearing similar interlocking marks. When legacy trademark agreements clash with modern branding strategies, consumer surveys can help. For defensible surveys that stand up in court, contact IMS Legal Strategies.