Two colleges in central Iowa have found themselves in the middle of a contentious legal battle: Who gets to use a block-style letter “D” for their logo?
In July, Drake University sued Des Moines Area Community College for trademark infringement. Last week, as part of an attempt to prove Drake University’s claim to the “D,” lawyers made an eye-catching request.
They petitioned a federal court to bring Drake’s mascot, a live bulldog named Griffin II, to a hearing on Tuesday.
“His true effectiveness as an ambassador of the Drake Brand lies in his physical presence,” Drake’s lawyers wrote. The community college objected. Drake’s request was ultimately denied by a judge.
It’s the latest development in a series of unusual efforts made by the university to protect its branding. Higher-education legal experts say the trademark fight between two colleges isn’t common, but at a moment when colleges are trying to stand out in a crowded market for students, safeguarding a unique image is all the more important.
The lawsuit comes after the community college, known as DMACC, announced a marketing rebrand in 2023, dawning a new blue, block-style “D” logo. From 1988 to December of last year, the community college had sported navy, white, and red-orange colors, as well as a full “DMACC” lettering in its marketing. When the college used a stand-alone “D,” a blue bear paw was placed over it.
In response to Drake’s claims that the college was knocking off its 122-year-old brand, including its blue-and-white colors, DMACC denied the accusations and doubled down on its right to rebrand.
Neither Drake University or DMACC responded to The Chronicle’s request for comment, but in an earlier statement to the Iowa Capital Dispatch, a DMACC spokesperson said that “Drake University simply does not own the letter D.” The college has since countered with a defamation claim against the university.
The college has also pointed out that other schools use similar “D” branding, such as Dartmouth College.
‘Every Inch Matters’ in College Marketing
Trademark lawsuits in higher education aren’t a new frontier. Pennsylvania State University is in the midst of a legal battle with the clothing company Vintage Brand over trademark infringement. Traditionally, the battle has been between colleges and outside vendors over merchandise, not between colleges with campuses less than 10 miles apart.
“There’s pressure on revenue and protecting your identity and brand at every level for every situation,” said Peter Lake, director of the Center for Excellence in Higher Education Law and Policy at Stetson University’s College of Law. “No one is immune from the challenges of the enrollment cliff. … Every inch matters.”
Drake’s lawyers have taken a starkly aggressive approach in court. They’ve filed 97 exhibits that aim to prove the university’s branding and a motion to remove an attorney from the college’s defense, and made an effort to sue the Des Moines Community College Foundation — a separate entity from the college’s administration that solely focuses on fundraising.
Drake’s burden of proof includes photos of students dating back to 1906 wearing the stand-alone “D” logo, Drake merchandise in the bookstore, multiple photos of a panting Griffin II in his signature Drake attire, and the rapper and actor Aubrey (Drake) Graham wearing a Drake varsity jacket during his 2016 performance at Wells Fargo Arena.
“The rapper’s visit gained widespread recognition for Drake University and its brand,” the university’s lawyers wrote.
The colleges’ trademark dispute became a point of amusement during a holiday party at a local Rotary Club last year. Drake’s lawyers said that Todd Jones, DMACC’s director of marketing and public relations, was caught on video sitting on Santa Claus’s lap discussing the colleges’ similar logos. The person dressed as Santa then gestured to a projector where the two logos were displayed side by side.
“Santa noticed the colors, though, for the front of that logo looks a lot like Drake University’s logo,” Santa said in the video, according to court filings. “So, I think I am going to have to give you this book on Trademark and Copyright Infringement for Dummies.”
A man dressed as an elf then presented Jones, who is a Drake alum, with the book.
Months before taking the trademark dispute to the courts, Marty Martin, Drake’s president, met with Rob Denson, DMACC’s president, to try to come to an agreement on the similarities between the colleges’ logos.
According to court documents, Denson agreed to only use the stand-alone “D” with “DMACC” underneath it. Martin wasn’t satisfied with the proposed resolution, and Drake’s lawyers demanded the college destroy its new merchandise.
“D for us is Drake and has been for the totality of our existence,” Martin wrote in an email to Denson, which was included in court documents. “D for you is ‘Des,’ and thus, does not have the same essentiality for you as it does for us. The D is our identity.”
In response, Denson wrote, “You cannot say DMACC without the ‘D.’”
Dan Bauman, a Chronicle senior reporter, contributed reporting to this article.
