When Two BUs Collide: IP Lessons from a Collegiate Logo Dispute

[1] 

Introduction

In August 2025, Baylor University (“Baylor”) filed a federal complaint in Waco Texas, claiming that Boston University’s (“Boston”) use of an interlocking “BU” logo infringes on Baylor’s own federally registered mark. [2] The dispute highlights ongoing Intellectual Property ("IP") challenges in sports branding, particularly in higher education – namely, how institutions protect long-standing identities while managing coexistence arrangements. [3] Is Boston’s red-and-white branding enough to set it apart from Baylor’s green-and-gold when the lettering tells a different story?

Background: The Logos and Agreement

Baylor has used the interlocking “BU” design since 1912 and secured federal trademark registrations in 1988. [4] This restriction meant that no other university, including Boston, could employ a design in which the letters “B” and “U” overlap or connect in a manner similar enough to cause consumer confusion with Baylor’s interlocking “BU” mark. Boston originally used a side-by-side “BU” design and opposed Baylor’s application. The two universities resolved the issue via a 1988 coexistence agreement, allowing both to use the “BU”, provided Boston did not adopt the interlocking style.[5]

Baylor alleges that Boston began using an interlocking “BU” logo in 2018, displayed on its hats and merchandise sold in campus stores. Baylor issued warnings (2018 and again in 2021), but Boston allegedly continued and expanded usage, now including sports branding. [6] Baylor asserts this expanded use is “essentially identical or confusingly similar” to its own mark, harming its brand, causing confusion, and diluting the value of its trademark. [7]

Legal Claims and Relief Sought

Baylor’s complaint involves a laundry list of claims spanning Federal and state trademark infringement, unfair competition, and false designation of origin under the Lanham Act, the primary federal statute governing trademarks and prohibiting misleading uses of marks likely to cause consumer confusion, as well as state common law. [8]

The requested relief? A permanent injunction barring Boston from using interlocking designs or confusingly similar marks, an order to destroy all infringing materials, legal costs, interest, and any further equitable relief deemed suitable. [9]

IP Analysis and Strategic Considerations

At first glance, Baylor’s long-standing usage and early federal registration help establish its priority and enforceability. [10] There is a clear breach of a written coexistence agreement, which further strengthens its contractual and equitable claims. [11] Additionally, evidence of its expanded usage, despite prior objections, supports claims of willful infringement and brand dilution. [12]

Nonetheless, Boston likely does have a few colorable defenses. First, evidence of decades of peaceful coexistence may suggest low likelihood of confusion, especially given differing colors (Baylor: green/gold; Boston: red/white). [13]

Key Considerations – What Can Universities Do Now?

The Baylor-Boston University dispute underscores several key legal implications for universities navigating trademark law. [14]

First – it highlights the enduring enforceability of coexistence agreements. These contracts can preserve peace for decades, but also impose clear boundaries that must be monitored and enforced to remain effective. [15]

Second – it illustrates the importance of vigilant trademark policing: even limited or club-level uses of a log can be deemed infringing if they blur distinctions or risk consumer confusion. [16]

Third – it signals that institutional branding is not immune to dilution concerns, particularly when logos evolve in ways that test prior agreements. [17]

Looking forward, universities can mitigate these risks by drafting precise coexistence clauses that anticipate future brand evolution, conducting regular trademark audits, and swiftly addressing potential infringements before they become entrenched.[18] Ultimately, higher education institutions must treat their logos and marks with the same rigor as corporate entities, viewing them not just as symbols of school spirit, but as valuable intellectual property assets that demand active management. [19]

Conclusion

The Baylor-Boston University lawsuit offers a sharp lesson in trademark protection, contractual enforcement, and brand identity in higher education.[20] Baylor’s case appears robust, so Boston’s future defense may hinge on demonstrating minimal marketplace confusion and emphasizing nuanced usage in limited channels. [21]

Liliana Trigilio (contributing editor) is a 2L from Greensboro, NC. Prior to law school, she attended NC State University and she remains a lifelong Wolfpack sports fan.  After law school, Lili hopes to work in corporate law, international law, or sports business.

References:

[1] Aubrey Odom (octoberroses), Brown Wooden Framed Glass Window (Mar. 17, 2020), Unsplash, https://unsplash.com/photos/brown-wooden-framed-glass-window-s9wRk6E83nc

[2] Baylor Univ. v. Trs. of Bos. Univ., No. 6:25-cv-00352 (W.D. Tex. filed Apr. 2025) (complaint).

[3] Id.

[4] Id.

[5] Patrick Danner, Why Baylor University Has Filed a Federal Lawsuit Against Boston University, San Antonio Express-News, Aug. 11, 2025, https://www.expressnews.com/business/article/baylor-boston-university-bu-logo-trademark-suit-20811731.php

[6] Id.

[7] Id.

[8] Id.

[9] Id.

[10] Alexia Partouche, Baylor Sues Boston University for Trademark Infringement Over Interlocking “BU” Design, Houston Chronicle, Aug. 12, 2025 https://www.houstonchronicle.com/news/houston-texas/trending/article/baylor-sues-boston-university-logo-20813764.php?utm_

[11] Patrick Danner, Why Baylor University Has Filed a Federal Lawsuit Against Boston University, San Antonio Express-News, Aug. 11, 2025, https://www.expressnews.com/business/article/baylor-boston-university-bu-logo-trademark-suit-20811731.php

[12] Alexia Partouche, Baylor Sues Boston University for Trademark Infringement Over Interlocking “BU” Design, Houston Chronicle, Aug. 12, 2025 https://www.houstonchronicle.com/news/houston-texas/trending/article/baylor-sues-boston-university-logo-20813764.php?utm_

[13] Josh Gerben, Baylor University Sues Boston University Over Interlocking “BU” Logo, Gerben Law Blog (Aug. 13, 2025), https://www.gerbenlaw.com/blog/baylor-university-sues-boston-university-over-interlocking-bu-logo

[14] Id.

[15] Faith Bugenhagen, Baylor revives decades-old logo battle with Boston University, Chron, Aug. 12, 2025, https://www.chron.com/politics/article/baylor-boston-bu-logos-20813888.php?utm_

[16] Alexia Partouche, Baylor Sues Boston University for Trademark Infringement Over Interlocking “BU” Design, Houston Chronicle, Aug. 12, 2025 https://www.houstonchronicle.com/news/houston-texas/trending/article/baylor-sues-boston-university-logo-20813764.php?utm_

[17] Josh Gerben, Baylor University Sues Boston University Over Interlocking “BU” Logo, Gerben Law Blog (Aug. 13, 2025), https://www.gerbenlaw.com/blog/baylor-university-sues-boston-university-over-interlocking-bu-logo

[18] Susan Kayser & Kristin Wells, Battle of the BUs: Baylor University Challenges Boston University’s Use of Interlocking ‘BU’ Design Mark, BakerHostetler (Sept. 11, 2025), https://www.jdsupra.com/legalnews/battle-of-the-bus-baylor-university-7209558/

[19] Id.

[20] Id.

[21] Josh Gerben, Baylor University Sues Boston University Over Interlocking “BU” Logo, Gerben Law Blog (Aug. 13, 2025), https://www.gerbenlaw.com/blog/baylor-university-sues-boston-university-over-interlocking-bu-logo