Drake University is suing Des Moines Area Community College for trademark infringement. (Photo illustration from United States Courthouse exhibits)
A federal judge has issued an order temporarily banning Des Moines Area Community College from using a new school logo that is “substantially identical” to Drake University’s.
Earlier this year, Drake sued Des Moines Area Community College in federal court over its recent rebranding efforts. DMACC’s marketing includes a one-character logo with the letter “D” in a block-style collegiate font similar to the logo Drake has used for the past 122 years.
Since then, legal hostilities between the two schools have escalated. DMACC has filed a counterclaim in the case, accusing Drake of defamation. Drake has filed a motion to disqualify DMACC’s attorneys from the case.
Last week, U.S. District Court Judge Stephanie Rose issued a temporary injunction prohibiting DMACC from continuing to use the new “vintage D” logo. While the ruling doesn’t decide the overall case, it marks a major victory for Drake, with Rose claiming that the two logos are virtually identical due to the font and color combinations used.
When asked whether Drake has a valid common law trademark for his “vintage D” and whether DMACC’s new logo infringes that mark, Rose found that “Drake has used the ‘vintage D’ for decades to identify his university and the services it provides. It has produced several examples of the brand on the covers of artwork and yearbooks, uniforms, clothing and merchandise, and in modern marketing – especially in relation to the live mascot and his letterman jacket. The demonstrated long-term use of the ‘vintage D’ supports Drake’s argument that it is a valid trademark designating its services within the geographic region.”
Griff, the mascot of Drake University. wearing a jacket with the school’s ‘D’ logo. (Photo from US, court evidence)
The judge also noted that DMACC has argued that it never intended to use the vintage, collegiate font “D” as a standalone logo without accompanying “house marks” that would make clear its association with DMACC.
However, the judge noted, “Drake has submitted numerous examples of DMACC doing just that… DMACC has never been able to provide an explanation as to why the stand-alone ‘D’ was placed on its basketball court.”
In granting Drake’s request for a temporary injunction, Rose ruled that the University of Des Moines had successfully “demonstrated a likelihood of success in establishing trademark infringement” once the case was fully heard.
She also noted that “while DMACC asserts that it would incur costs to rebrand, this self-inflicted harm from knowingly adopting potentially infringing marks is outweighed by the incalculable damage to Drake’s distinctive identity and reputation.”
DMACC, the judge ruled, can “return to the previously successful brand name that has served it well for 35 years, requiring only the discontinuation of the recently adopted ‘D’ and blue/white color scheme. This temporary burden pales in comparison to the erosion of Drake’s century-old brand identity and the confusion created by two post-secondary institutions using nearly identical branding in the same geographic market.”
Judge calls potential ‘evidence of intentional copying’
In her ruling, Rose also addressed the claim that DMACC continued with its rebranding efforts despite realizing that Drake had a strikingly similar logo.
“Given the nearly identical colors DMACC has chosen in its rebranding, it is difficult to see how this is not compelling evidence of intentional copying,” Rose said in her ruling.
The order means that DMACC may not, at least for the time being, use block-shaped, collegiate font “D” in combination with a color combination of white and blue to designate the school’s educational services, athletics, or related goods and services. This applies even in cases where the “D” is combined with other words or artwork associated with Des Moines Area Community College.
Drake University is suing Des Moines Area Community College for trademark infringement over the latter’s use of the letter “D” in a collegiate font, in reference to the clothing worn by its bulldog mascot, seen above. (Photo illustration from United States Courthouse exhibits)
DMACC currently has two weeks to demonstrate compliance with the court order.
Prior to the judge’s decision on the ban, DMACC said it plans to defend its new logo, arguing that “Drake University simply does not own the letter D.” Now that the ban issue has been resolved, the larger case involving trademark infringement, unfair competition, damage to the company’s reputation and unjust enrichment will continue.
In his lawsuit, Drake said his vice president of advancement spoke with DMACC’s marketing director in late 2023 to express the university’s concerns. On February 9, 2024, Drake President Marty Martin reportedly visited DMACC President Rob Denson about the matter and according to the university, Denson acknowledged similarities in the logos.
Two weeks later, members of Drake’s marketing team met with DMACC’s marketing director to discuss possible solutions to the conflict. In March, Denson reportedly emailed Martin and offered a compromise, assuring Martin “we will only use the ‘D’ with ‘DMACC’ underneath… We will never use it without the DMACC.”
Martin is said to have rejected Denson’s proposal, writing back: “’D’ for us is Drake, and has been that way for our entire existence. ‘D’ for you is ‘Des’ and therefore does not have the same essence for you as it does for us. The ‘D’ is our identity.”
At that point, attorneys for the two schools continued the conversation, with DMACC’s attorney warning that if Drake chose to “continue with this worthless distraction, DMACC is prepared to vigorously defend itself and seek all available legal remedies.”
