IP Law Daily, TRADEMARK NEWS: Baylor University sues Boston University for trademark infringement and unfair competition, (Aug 14, 2025)

By Carolin Dennis, B.Sc., LL.B., LL.M.

The complaint alleges that Boston University is infringing Baylor University’s trademark rights on its interlocking BU mark and the use of the mark will cause confusion.

Baylor University (Baylor) filed a complaint against the Trustees of Boston University in the U.S. District Court for the Western District of Texas to stop the use of an interlocking BU design, essentially identical and/or confusingly similar to Baylor’s federally registered marks, and for identical or related goods and services. Baylor seeks to permanently enjoin Boston University from using an interlocking BU mark and any other mark or design that is confusingly similar to Baylor’s interlocking BU mark (Baylor University v. Trustees of Boston University, No. 6:25-cv-00352-ADA-DTG (W.D. Tex. filed on Aug. 8, 2025)).

Baylor University (Baylor) is a private Christian university, nationally ranked institution, and the oldest continually operating institution of higher education in the state of Texas, known for leading in athletics. Since 1912, Baylor and its licensees have frequently and continuously used the BU mark in a stylized format, in which the letters B and U interlock (Interlocking BU). The Interlocking BU is one of Baylor’s most recognizable identity designations for the university’s educational, research, and athletics offerings. Additionally, Baylor 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 also owns a Texas state registration for the Interlocking BU, covering educational services in Class 41. In addition to its extensive common law rights in the Interlocking BU, Baylor owns numerous federal trademark registrations for its mark.

Boston University is an institution of higher education based in Boston, Massachusetts, and its initials are “BU.” Trustees of Boston University (Boston) have primarily and historically used stylized marks that display the letters side-by-side. However, Boston recently commenced use of an interlocking BU design identical to Baylor’s registered Interlocking BU.

According to the complaint, in 1987, Baylor applied to register the Interlocking BU in class 25. Boston opposed the application. Both the parties’ subsequently entered into a coexistence agreement in 1988 relating to their respective uses of “BU” (Agreement). The Agreement reflects the parties’ agreement to coexist with the initials “BU” and created no right of use of an identical interlocking BU stylized mark for Boston. Boston subsequently withdrew its opposition to Baylor’s application for the Interlocking BU and the proceeding was dismissed with prejudice.

In 2018, Baylor became aware of Boston’s use of an essentially identical and/or confusingly similar interlocking BU in connection with the promotion and sale of three hat styles through its “BU Campus Store Spirit Shop.” When Boston’s use appeared to be expanding, Baylor communicated its objection to Boston in or around December 2021. However, Boston did not cease use of its interlocking BU mark after Baylor’s objection in 2021.

Baylor asserted that it does not generally object to Boston’s use of the initials “BU” in connection with its university, but it does object to Boston’s adoption and use of a specific interlocking BU design that is identical or strikingly similar to Baylor’s federally registered marks. Further, as Boston refused to cease use and instead significantly expanded its use, Baylor sought Court intervention.

Baylor contended that Boston’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 or its offerings with Baylor, or as to the origin, sponsorship, or approval of Boston’s goods or services by Baylor. Further, Boston’s unauthorized use of an interlocking BU mark falsely designates the origin of Boston’s goods and services and falsely suggests a connection with Baylor.

Baylor argued that Boston is neither affiliated with or sponsored by Baylor, nor has Baylor authorized Boston to use an interlocking BU mark, or any confusingly similar marks. However, Boston’s unauthorized use of an interlocking BU mark enables Boston to trade on and receive the benefit of goodwill built by Baylor over the years, and to gain acceptance for its goods and services not solely on its own merits, but on the reputation and goodwill of Baylor, its Interlocking BU, and Baylor’s products and services. Additionally, Boston’s unauthorized use of an interlocking BU mark removes from Baylor the ability to control the nature and quality of products and services provided under its Interlocking BU and places Baylor’s valuable reputation and goodwill in the hands of Boston, over whom Baylor has no control.

Baylor also claimed that Boston’s actions have caused and will cause irreparable injury to Baylor and to the public.

Claims, remedies sought. Baylor asserted the following claims or causes of action: (1) federal trademark infringement, (2) federal unfair competition and false designation of origin, (3) Texas statutory trademark infringement, and (4) common law trademark infringement. Baylor asks the Court to permanently enjoin Boston, its agents, servants, employees, attorneys, and all other persons in active concert or participation with them from using an interlocking BU mark, and any other mark or design that is confusingly similar to Baylor’s Interlocking BU, and from any attempt to retain any part of the goodwill misappropriated from Baylor; and to deliver up and destroy all goods, packaging, signage, advertisements, internet postings and advertisements, and an y other materials bearing or using an interlocking BU mark.

Baylor also seeks to recover the costs of this action; prejudgment and post-judgment interest; and any other relief as the court may deem appropriate.

The Case is No. 6:25-cv-00352-ADA-DTG.

Judge: Albright, A.

Attorneys: Wendy C. Larson (Pirkey Barber PLLC) for Baylor University.

Companies: Baylor University; Boston University

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