Two powerhouse universities have re-entered a trademark battle after Baylor University filed a federal lawsuit against Boston University in August 2025. The suit alleges trademark infringement, claiming that Boston has used an interlocking “BU” design on various merchandise. Since the 1980s, Baylor and Boston have operated under a co-existence agreement, recognizing that the use of a “BU” logo could impact both universities’ branding. So, what happened?
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Baylor & Boston’s History
In 1987, Boston University was notified of Baylor University’s application for federal trademark registration of its interlocking BU logo. Boston opposed the application, and a year later, the two schools entered into a co-existence agreement. The agreement allowed both universities to use “BU,” acknowledging that each would face significant harm if restricted from doing so.
It wasn’t until 2018 that Baylor became aware of Boston’s use of an interlocking BU mark on select merchandise. By 2021, Baylor confronted Boston after the university had sold a “large number” of items featuring the interlocking BU logo on its online marketplaces. Keeping in mind, Baylor is not opposed to the use of a “BU” logo, but rather, they are objecting to the use of the interlocking BU design, which Baylor holds a federally registered trademark for.
Legal Lowdown
Baylor University has now filed a federal lawsuit against Boston University for their use of the interlocking BU design. Baylor claims that Boston has historically used a side-by-side BU logo and only recently began using the interlocking BU design to sell merchandise and promote their sports teams.
According to the lawsuit, the co-existence agreement limited Boston University’s use of BU to a “side-by-side on a horizontal plane” configuration and “created no right of use of an identical interlocking BU stylized mark.” Baylor claims that Boston has violated this agreement, leading to claims of trademark infringement and unfair competition.
Infringing Merchandise
It’s not too hard to find Boston University merchandise featuring a red and white interlocking BU mark. A quick visit to the Boston Spirit Shop, shows items such as hats, shirts, posters, mugs, and more.
(Images from Boston Spirit Shop)
According to the USPTO, trademark infringement is “the unauthorized use of a trademark or service mark on or in connection with goods and/or services that is likely to cause confusion, deception or mistake about the source of the goods and/or services.”
Baylor currently owns six federally registered trademarks for the interlocking BU design. As a trademark owner, it is Baylor’s responsibility to monitor and protect its intellectual property from possible infringers to avoid customer confusion and protect its reputation.
In this situation, Baylor has every right to protect its IP, but it’s still too early to determine who will prevail.
Proactiveness Pays
This isn’t the first time (and definitely not the last) we’ve seen a trademark dispute erupt over the unauthorized use of a familiar design mark. Earlier this year, for example, an Ohio-based street hibachi food truck faced a trademark infringement suit from breakfast tycoon, Kellogg.
No matter the size of your business, it always pays to be proactive. Monitoring and protecting your intellectual property should be a top priority to ensure your business stays secure in commerce.