Drake University is suing Des Moines Area Community College, claiming it violated Drake’s copyright with its new ‘D’ logo. DMACC is counter suing Drake for defamation in response to claims made in Drake’s lawsuit.

Drake sues DMACC

Drake filed suit against DMACC in district court on July 8, claiming DMACC had infringed on Drake’s federally registered trademarks. 

DMACC unveiled and began to roll out a brand new logo back in the fall of 2023. The new logo is a block-style ‘D’ that Drake claims is too similar to the vintage block-style ‘D’ it used on letterman’s jackets and vintage clothing, and still uses on the floor of the Knapp Center.

In the lawsuit, Drake goes on to claim that the ‘D’ is part of its entire branding and personality, citing its current logo and even the Drake Fight Song lyrics “here’s to the one who wears the D.”

Drake also says in the suit that it’s been using a standalone ‘D’ to signify the University and its services since 1902. Drake noted that as far back as 1966 (when DMACC was founded), DMACC’s logos have always included either “DMACC” or “DM,” never a standalone ‘D.’ 

The lawsuit also points out public reaction when DMACC first announced its rebrand. Facebook comments from members of the public were quick to point out the similarities between both school’s logos, commenting things like: “Looks a lot like Drake,” “DMACC Bulldogs,” “What a waste of time and effort and cost to make this change when it looks so similar to Drake. Why?” and “Isn’t Drake University gonna be pissed you stole their D?

The Rotary Club Incident 

All of Drake’s accusations culminate in a section of the lawsuit titled “The Rotary Club Incident.”

Weeks after DMACC launched its rebrand in December of 2023, the Rotary Club of Des Moines hosted a holiday party where representatives from both Drake and DMACC were present.

Part of the event included attendees getting the chance to sit on Santa Claus’ lap.

Cell phone video shows DMACC’s Director of Marketing Todd Jones sitting on Santa’s lap when Santa gestured to a projector that brought up both schools’ logos side by side.

“Santa noticed the colors, though, for the front of that logo looks a lot like Drake University’s logo,” Santa said. “So, I think I am going to have to give you this book.”

Amid laughter from the crowd, a man dressed as an elf handed Jones a book titled “Trademark and Copyright Infringement for Dummies.”

Jones is a graduate of Drake University.

Attempts to reconcile 

Attempts to resolve the issue were first pursued informally by Drake’s Vice President of Advancement John Smith, who was present at the Rotary Club party and approached Jones after the Santa incident to share concerns over the similarities.

The lawsuit states that Jones said he was not aware of any concerns at the time.

In February of 2024, Drake President Marty Martin visited DMACC President Rob Denson at his office at DMACC to share concerns over the rebrand, to which Denson remarked that there were similarities.

Throughout March, members of Drake’s communications team met with DMACC, which concluded with a potential resolution in an email Denson sent to Martin on March 20.

In the email, Denson assures Martin that the new DMACC ‘D’ would only be used with “DMACC” written below it. However, at that point DMACC had already been selling merchandise using the standalone ‘D’ as well as using it across DMACC’s campuses. 

Martin continued to press Denson, to which Denson finally referred all future communications to DMACC’s attorney in Minneapolis. Drake officially filed the lawsuit in July.

“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,” Martin said in a statement to The Times-Delphic. “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.”

DMACC countersues 

Following the filing of Drake’s lawsuit, local media outlets quickly picked it up. The case also received plenty of attention online from the public, where it received mixed reactions. 

DMACC filed a counterclaim against Drake in the same district court for defamation on July 31.

In the suit, DMACC says Drake has no basis for a lawsuit and points to public comments in favor of DMACC, including some that called Drake “petty.” DMACC also references an Iowa Capital Dispatch opinion article published days after Drake’s suit titled, “The ‘D’ stands for ‘dumb’ in Drake battle with DMACC.”

DMACC points out that Drake’s claim that DMACC has never used the standalone ‘D’ is false, as a different ‘D’ has in fact been used in their recreational and intramural logo since 2014. Drake never filed a complaint then.

DMACC also argues Drake does not own the letter ‘D,’ saying, “You cannot say DMACC without the ‘D’.”

DMACC’s lawsuit also posits that Drake’s vintage ‘D’ has not been used in mainstream marketing since it adopted its current logo in 2005.

DMACC does acknowledge that the vintage ‘D’ is painted on the court of the Knapp Center but points out in the suit that Drake “failed to mention” it gets covered up when the bleachers are extended during basketball games.

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Drake’s current style guide, last updated in 2020, never mentions the block-style ‘D,’ only the current one. It does, however, show a picture of Griff wearing a jacket with the block-style ‘D’ on it.

Ultimately, DMACC alleges Drake misrepresented both schools by making misleading statements about Drake and making false and defamatory statements about DMACC that the college claims have harmed its reputation.

When asked for comment, President Denson told the TD he would not comment until the case was resolved.

Both schools are demanding trial by jury. The case is expected to be brought before a district judge.