The fight over using the big "D" continues for two Des Moines schools embroiled in a legal battle over similar logos.
Drake University's lawyers are asking an Iowa court to issue DMACC an order to explain why the local community college hasn't dropped its new block-style "D" emblem akin to the private university's storied trademark and brand, according to court documents filed Thursday.
U.S. Chief District Judge Stephanie Rose issued a preliminary injunction last month, requiring Des Moines Area Community College to ditch its new D logo within 21 days of the issued order -- which Drake lawyers said the college has not done by the Dec. 13 deadline.
Court documents cited a declaration from DMACC Vice President of Student Affairs Erica Spiller listing 11 examples where the college could not remove the logo by that date. Most projects, including installing new billboards, are expected to be completed in January. Removing the brand from the school basketball court will have to take place after the season is over "and there are fewer students on campus," documents state.
Taking down a DMACC banner hanging at Jordan Creek Mall may be tough, too, but is expected to be done by mid-January, Spiller said. Mall staff said in court filings they can't remove the banner until the college has a replacement "due to the difficulty in reaching the high location within the mall."
But Drake's lawyers argued that DMACC violated its orders, asking the court "to consider this failure to comply" and "craft a sanction it deems suitable to ensure compliance with its directives."
"None of the foregoing alleges cessation was impossible by the deadline," lawyers in court filings wrote of Spiller's declaration. "Also absent is a recitation of the measures undertaken to ensure compliance as immediately as possible."
In her ruling in the case, Rose found that Des Moines Area Community College's new logo could improperly suggest a link between the two schools because of their extreme similarities and the fact that both parties are higher education providers in the same city.
"Given the nearly identical colors DMACC chose in its rebrand, it is difficult to see how this is not persuasive evidence of intentional copying," she wrote.
Drake sued after DMACC adopted a new branding scheme in 2023, accusing DMACC of infringing on its trademarks and brand.
While Drake does not hold a registered trademark for the logo, unlike separate logos it uses for academics and athletics, the court found it had an established record of using the block-style D branding and that DMACC's adoption of a similar logo "creates a likelihood of confusion, deception, or mistake" among consumers.
Reporter William Morris contributed to this report.
F. Amanda Tugade covers social justice issues for the Des Moines Register. Email her at [email protected] or follow her on Twitter@writefelissa.