IP Law Daily, TRADEMARK NEWS: Louisiana Christian University sues Lubbock Christian University for trademark infringement, (Jul 19, 2023)

By Patricia K. Ruiz, J.D.

The complaint seeks a declaration of noninfringement, arguing the mark “LCU” is generic and descriptive.

Louisiana College, d/b/a Louisiana Christian University, (Louisiana) filed suit against Lubbock Christian University (Lubbock) seeking declaratory judgment resolving claims by Lubbock that Louisiana violated the Lanham Act in its use of Lubbock’s federally registered trademark, “LCU.” The lawsuit, filed in the Western District of Louisiana, argues that there is a low likelihood of confusion between the two entities resulting from Louisiana’s use of the acronym.

LSU mark. Louisiana College has operated under the name Louisiana Christian University since 2021, and its students, faculty, administration, as well as other constituents and members of the public, refer to the college by an acronym using the first letters of each word of its name, LSU, a common practice in higher education. The college itself rarely uses the acronym LCU in isolation, usually accompanying the acronym with the full name, “Louisiana Christian University.”

Alleged infringement. Lubbock Christian University, a private university in West Texas, uses its geographical location as a marketing tool to attract prospective students. In December 2022, Lubbock’s president sent a letter to the president of Louisiana Christian University informing that Louisiana’s use of the LCU acronym “encroaches on [Lubbock’s] trademark protected property.” In January 2023, counsel for Louisiana responded to the letter, denying that the use of the acronym “LCU” constitutes trademark infringement under the Lanham Act. Over the course of the next few months, both institutions engaged in occasional informal conversations during which they attempted to amicably resolve the dispute. When the parties could not reach an amicable resolution, Lubbock threatened to sue Louisiana.

Trademark infringement claims. The Lanham Act makes liable any person who uses in commerce any word, term, name, symbol, or device that is likely to cause confusion or mistake as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person. To prevail on a claim for trademark infringement, Lubbock would need to show that Louisiana’s use of the mark creates a likelihood of confusion in the minds of potential customers as to the source, affiliation, or sponsorship of the product at issue. It is insufficient for Lubbock to simply point to Louisiana’s use of the acronym, the complaint argues. Instead, it must show there is a likelihood or probability that potential students of Lubbock will confuse the two universities simply by the use of the acronym.

Likelihood of confusion. The complaint highlights several factors considered by courts to evaluate the likelihood of confusion. First, courts have usually classified marks similar to “LCU” in the higher education context as either generic or descriptive, which are considered relatively lacking in conceptual strength. Additionally, the Fifth Circuit has recognized that extensive third-party use of a similar mark can be impressive evidence that there would be no likelihood of confusion, and an internet search of “LCU” produced 17 instances of third-party usage, four of which are universities using the acronym. The complaint further argues that there is a crowded field of higher education names that involve “Christian University.” Second, Louisiana argued that there is little likelihood of confusion between the two schools based upon the manner in which the schools employ the acronym. In particular, Louisiana’s use of the acronym rarely appears in isolation, but usually is accompanied by the full name. When the acronym is used with the schools’ logos, the two schools employ different color schemes, different arrangements of the three letters, different font styles and sizes, and different mascots.

The complaint also argues that the identity of retail outlets and purchasers; similarity of advertising media used; the intent of Louisiana Christian University; the evidence of actual confusion; and the degree of care exercised by potential purchasers all demonstrate a low likelihood of confusion.

Attorneys: Jonathan D. Stokes (Chadwick, Odom & Stokes) for Louisiana College, d/b/a Louisiana Christian University.

Companies: Louisiana College, d/b/a Louisiana Christian University; Lubbock Christian University

News: Trademark LouisianaNews