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 has lost its bid to sue Drake University for defamation as part of the ongoing, hotly contested legal dispute over the schools’ logos and trademarks.
In July 2024, Drake sued DMACC in federal court for infringing on one of its trademarks by developing a new logo based on a block-letter “D” in a collegiate font and blue-and-white color scheme.
After ruling that Drake was likely to prevail in the case, Chief District Judge Stephanie Rose issued an injunction blocking DMACC’s continued use of its new logo as the case moved forward. Hostilities between the two schools escalated in recent months, with Drake seeking sanctions against DMACC, and the community college filing a counterclaim against Drake for defamation.
Last week, Rose dismissed DMACC’s defamation claim and cautioned DMACC that she had carefully considered Drake’s argument that DMACC should be sanctioned for filing a baseless claim for defamation.
The community college, she said, made “contradictory allegations” that were “as close to the line on this issue as the court can envision, but it will exercise discretion and restraint in declining to impose sanctions.”
Rose went on to state that while she expects lawyers in the case to exercise “zealous advocacy” on behalf of their clients, she also expects that legal counsel will ground their pleadings in “reasonable factual and legal” interpretations.
“The parties are reminded that litigation positions, whether advanced in court or to the public, must reflect the same commitment to accuracy and candor,” Rose stated in her ruling.
The defamation claim was tied to an email Drake sent to its alumni alleging that DMACC was causing “confusion in the marketplace” by adopting a logo that was strikingly similar to that used by Drake.