Drake University, citing the attire worn by its bulldog mascot, seen above, is suing Des Moines Area Community College for trademark infringement over the latter’s use of the letter “D” in a collegiate-style font. (Photo illustration from U.S. District Court exhibits)
Des Moines Area Community College won a preliminary round in its legal battle with Drake University over DMACC’s new logo.
U.S. District Court for the Southern District of Iowa Chief Judge Stephanie Rose has granted DMACC’s motion to increase the bond that Drake must pay as a result of the preliminary injunction it won blocking DMACC’s continued use of a new logo that is similar to that of Drake’s.
Rose has ordered that the bond, which could be used compensate DMACC for costs associated with the injunction should it prevail in the case, to be increased from $25,000 to $250,000.
Rose has also denied Drake’s motion for an order to show cause regarding the university’s claim that DMACC was not complying the injunction requiring DMACC to eliminate, within 21 days, all uses of its new logo. In denying Drake’s motion, Rose found that DMACC’s actions were “based on good faith.”
Erica Spiller, vice president of student affairs at DMACC, said it “took an enormous team effort” to comply with the court’s order and said that “to then have to defend ourselves against Drake’s unreasonable allegations that we defied the Court’s order was an affront to our faculty, staff, and corporate, educational, and community partners across central Iowa.”
In arguing a higher bond was justified, DMACC had submitted over 30 exhibits, including invoices and price quotes for new materials and products that were needed to comply with the injunction.
In 2024, Drake sued Des Moines Area Community College in federal court over the latter’s recent rebranding effort. DMACC’s marketing featured a single-character logo of the letter “D” in a block-style, collegiate font that was similar to the logo used by Drake for the past 122 years.
Since then, the 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 seeking to disqualify DMACC’s attorneys from the case. After Drake won the injunction blocking DMACC’s continued use of its new log0, DMACC went to court to increase the bond Drake had to post. Drake then argued that DMACC wasn’t complying with the injunction.
Spiller said DMACC remains open to settling the case and has offered to switch its logo to a variation of the school’s ‘D’ logo that has been in use at DMACC for more than a decade.
In a written statement, Drake University President Marty Martin said, “We respect the court’s decision to increase the bond amount while recognizing that costs incurred by DMACC were a result of it continuing to invest in a brand strikingly similar to Drake’s after we made numerous efforts in good faith to reach a resolution outside of the courts. Drake is confident the bond will be returned when DMACC is permanently enjoined.”
Martin noted that the court’s ruling last November granting the injunction stated that Drake had established a likelihood of success on the merits of its lawsuit. “We were hopeful we could move on from this matter without further appeals and litigation,” Martin said.