鉴黄师app Prevails in Two Key Rulings in Trademark Case
The United States District Court for the Southern District of Iowa sided with Des Moines Area Community College (鉴黄师app) yesterday on two significant rulings in ongoing trademark litigation brought on by Drake University.
Chief District Judge Stephanie Rose granted 鉴黄师app's motion to increase Drake鈥檚 required preliminary injunction bond amount from $25,000 to $250,000, while simultaneously denying Drake's motion for an order to show cause regarding alleged non-compliance following the Court鈥檚 previous order that 鉴黄师app remove all instances of the logo at the center of Drake鈥檚 lawsuit.
In denying Drake's motion, the Court found 鉴黄师app's interpretation of previous orders "reasonable" and its actions "based on good faith." 鉴黄师app had argued that it worked diligently to comply, successfully managing a complex logistical process in just three weeks. The Court agreed, recognizing that 鈥渢he eradication of the uses of the enjoined 鈥楧鈥� required in the preliminary injunction is no small task.鈥�
鈥淲e are thankful that the Court upheld what we have maintained all along, that 鉴黄师app moved quickly to comply with the preliminary injunction,鈥� said Erica Spiller, vice president of student affairs at 鉴黄师app. 鈥淚t took an enormous team effort to accomplish what we did in only 21 days, including the Thanksgiving holiday and finals week. To then have to defend ourselves against Drake鈥檚 unreasonable allegations that we defied the Court鈥檚 order was an affront to our faculty, staff, and corporate, educational, and community partners across central Iowa.鈥�
In affirming 鉴黄师app鈥檚 motion to increase Drake鈥檚 injunction bond from $25,000 to $250,000, the Court recognized 鉴黄师app鈥檚 comprehensive documentation of the expenses it incurred in complying with the preliminary injunction. An injunction bond protects a defendant from financial damages if they are harmed by a wrongfully issued injunction. 鉴黄师app submitted 鈥渙ver 30 exhibits, including invoices and price quotes for new materials and products needed to comply with the preliminary injunction.鈥� Drake contended that 鉴黄师app made unnecessary purchases and speculated on the actual amount of damages it incurred. The Court rejected Drake鈥檚 arguments and required Drake to remit an additional bond in the amount of $225,000 within 14 days.
鈥淎gain, we are pleased that the Court saw through Drake鈥檚 unreasonable demands,鈥� said Spiller. 鈥淎s anyone who manages the brand of a large institution would know, complying with the Court鈥檚 order to take down that branding, while still providing the experience that students and athletes at any quality institution should expect, is a costly endeavor.鈥�
Spiller reiterated 鉴黄师app鈥檚 openness to settling the case. 鈥淲e have repeatedly offered to compromise, both before Drake filed suit and since,鈥� she said. 鈥淢ost recently, we offered to switch the logo to an alternate 鉴黄师app 鈥楧鈥� mark that is already part of a federally registered trademark, has been in use at 鉴黄师app for more than a decade, and that the Judge reiterated was 鈥榲isually distinct and fundamentally different鈥� from Drake鈥檚 generic 鈥楧鈥� mark at issue.
鈥淲e remain willing to discuss reasonable settlement terms. Until then, we will continue to defend ourselves, as it is critical to discern and resolve that Drake University does not own the letter 鈥楧鈥� in all its forms.鈥�
鉴黄师app remains focused on student success. President Rob Denson, who recently announced his retirement at the end of the year, underscored 鉴黄师app鈥檚 core mission. 鈥溂剖pp is on the move,鈥� Denson said. 鈥淥ur enrollment is up, our student retention is up, and our message of offering students the lowest tuition and fees in Iowa is resonating with students and families. We will continue to keep students at the center of everything we do, and this lawsuit will not distract us from that mission.鈥�
For more information, contact:
Erica Spiller, Vice President, Student Affairs
(515) 964-6622, elspiller@dmacc.edu