DES MOINES, Iowa — A judge has sided with Drake University in a lawsuit, stripping DMACC of the ability to use the “D” logo in its branding.
DMACC has been ordered to cease current use of the affected trademarks within 21 days of the ruling delivered last Friday by U.S. Chief District Judge Stephanie Rose, but a permanent decision in the case has not been reached. The injunction will remain in place until further decision by the court.
The injunction was given based on the court's conclusion of the validity of the trademark infringement argument.
Official statement by Rose:
Des Moines Area Community College, Des Moines Area Community College Foundation, their officers, agents, and employees (“Defendants”) are ENJOINED from using a block-style “D” trademark in conjunction with any color combination of white and blue to denote their educational services, athletics, or ancillary goods and services. This includes the use of such a “D” even when it is paired with a DMACC house mark or other indicia of the college.
Drake originally filed suit against DMACC on July 8, alleging branding infringement. Drake's lawyers said DMACC's rebrand, which included a stand-alone block-letter "D" and change to colors too reminiscent of Drake's, caused confusion and was misleading to prospective students.
"This risk is heightened given DMACC’s rapid growth and expansion in course offerings that increasingly overlap with Drake’s. Although DMACC has a right to compete, the public interest is best served by requiring it to do so under distinct branding that allows prospective students to make informed choices between institutions," Rose wrote.
Now, Drake can proceed with litigation, or DMACC may bow out of the suit.
"The main issue in the case is whether Drake has a valid common law trademark for its Vintage D and whether DMACC’s new logo infringes on that mark," Rose said.
Drake has been ordered to remit a $25,000 bond to the court as the preliminary injunction goes into effect.