Des Moines metro colleges Drake, DMACC duel in trademark lawsuit over use of the letter D

The letter of the day is D.

D is for Drake University.

D is for Des Moines.

Is D also for Des Moines Area Community College?

Maybe not. DMACC rebranded last October, simplifying its logo to the fourth letter of the alphabet. But what is the value of a bold, white D?

Quite a lot, according to Drake's leaders, who are seeking to take their community college counterparts to class on the subject.

Drake has used a D logo for more than 100 years. Claiming trademark infringement, unfair competition, injury to business reputation and unjust enrichment, Drake sued DMACC in U.S. District Court on Monday, asking a judge to block DMACC from using its new D logo.

"Drake has a legal obligation to take action to enforce its rights in the Drake Brand to protect not only itself, but the renown, esteem, and pedigree that all past, current, and future Drake University students have invested in," the liberal arts college's lawyers wrote in the complaint.

"Drake University simply does not own the letter D," DMACC President Rob Denson responded Monday when contacted by the Des Moines Register.

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Drake's lawsuit starts with a quote from the school's fight song: "Here's to the one who wears the 'D.'" According to the complaint, the school has used the letter as a logo since 1902.

Drake puts the D on yearbooks, sweatshirts, T-shirts, basketball jerseys, basketball shorts, basketball courts, football helmets and football fields. A Drake athletic alumni group is called the National D Club. The National D honors its most prestigious members with the Double D Award.

Drake's lawyers dotted the lawsuit with 130 pictures that show Drake's use of its D logo over time, as well as images showing the similarities between its logo and DMACC's. The lawyers also included a map, pointing out that Drake's easternmost building is a little over a mile from DMACC's Urban Campus in Des Moines.

Drake's live bulldog mascot, Griff, wears a sweater with a D to games. Griff is important. The school's lawyers included 20 pictures of Griff in the lawsuit.

"Griff, a certified therapy dog, plays an active role in serving as Drake’s ambassador, making regular and frequent in-person, digital, and print appearances in connection with graduations, alumni receptions, admissions materials, sporting events, charity functions, recruiting fairs, community outreach, social media, advertising, and other official Drake University affairs," attorneys for the school wrote in the complaint.

In 2016, the rapper Drake performed a concert in Des Moines. Drake wore a Drake letter jacket, with the letter D on his chest. Later, Drake posed for a photo atop the Drake University sign — an image also included in the lawsuit.

Drake, the school, has trademarked the D. It has also trademarked the school seal and its colors: blue and light blue.

In the lawsuit, its lawyers point out that DMACC began to use blue and light blue when it rebranded last October. And DMACC introduced a seal that, like Drake's, includes a lamp over a book.

DMACC's logo raises ire of Drake staff, Santa Claus

According to the lawsuit, central Iowa residents quickly began pointing out that DMACC's new logo resembles Drake's after the community college announced its rebrand last October. Commenters mentioned the similarities in a Des Moines Register Facebook post about the rebrand.

The issue came to a head at the Rotary Club of Des Moines' annual holiday party last year, where guests sat on the knee of a man dressed as Santa Claus. When DMACC Director of Marketing Todd Jones sat on his knee, the Rotary Santa pointed to a projection on a screen that showed the Drake and DMACC logos, according to the complaint.

He said DMACC's new emblem looked "a lot like Drake University's logo." Another man, dressed as an elf, handed Jones a copy of "Trademark and Copyright Infringement for Dummies."

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On Feb. 9, according to the complaint, Drake President Marty Martin met with Denson, showing the head of DMACC pictures of both schools' logos. Denson acknowledged the logos look similar, according to the complaint. Marketing, communications and student affairs officials from both schools discussed the issue further in meetings on Feb. 27 and March 6.

On March 9, Denson presented an offer to Martin in an email. He said DMACC would use its D logo only alongside the DMACC name for the next three years. The presidents continued to talk through the issue. But, on March 25, after consulting with Drake staff and board members, Martin rejected Denson's offer.

Martin wrote that, in DMACC's new logo, the D "immediately catches the eye."

"The D is our identity," he said.

In a March 26 response, Denson pointed out that other schools use D logos. Duke University, the University of Delaware and Davidson College all use D's.

"You can't say DMACC without saying the D," Denson said.

Martin, in a statement Monday, said he has a duty to defend the D.

"The Drake University 'D' and our brand colors have served as enduring symbols of school pride for more than 100 years. It is our responsibility to protect Drake University’s brand and trademarks because these assets hold significant value for our students, faculty, alumni, and broader Des Moines community.," he said. "While we find ourselves in the undesirable position of pursuing legal action with a partner whose relationship we value, we do so knowing we made numerous efforts in good faith to resolve the issue."

In a statement, DMACC reiterated its position that Drake doesn't own the letter D.

"In fact, multiple universities use the letter D in their branding and many own federal trademark registrations for the same. Our hope is that we can quickly resolve this issue amicably with a minimum of legal expense and move forward with our joint mission of providing students with a high-quality education."

Tyler Jett is an investigative reporter for the Des Moines Register. Reach him at tjett@registermedia.com, 515-284-8215, or on X at @LetsJett. He also accepts encrypted messages at tjett@proton.me.

This article originally appeared on Des Moines Register: Drake University sues DMACC for copyright infringement over new logo