University Foundation Alleges Copyright and Trademark Infringement by Roofing Company
In a Complaint filed on October 7, 2021, in the Western District of Louisiana, Louisiana Tech University Foundation, Inc., a 501(c)(3) organization created to solicit and manage resources on behalf of Louisiana Tech University ("LTF"), alleged that a Florida corporation, Bel-Mac Roofing ("Bel-Mac"), violated numerous federal and Louisiana state laws by infringing copyright and trademark rights LTF has in the logo for Louisiana Tech's Bulldog mascot.
According to LTF, the Bulldog has been Louisiana Tech's mascot since 1899. LTF provided evidence of a current version of the bulldog, in use since 2008, along with a copyright registration and a trademark registration for the Bulldog. LTF asserts that the logo has been used extensively on apparel and other products sold by the university and in advertisements throughout the state of Louisiana and wherever the university's sports teams travel. Thus, LTF claims the logo is of tremendous worth through its use in products as well as its extensive use in sporting events that have consistently been broadcast nationally. LTF also asserts the university licenses' use of its intellectual property on other products and advertisements.
LTF alleges that Bel-Mac publicly displays on its website and products a "virtually identical" bulldog. According to LTF, the only differences between the two works are the "added spikes and tag to the infringing work." Bel-Mac allegedly uses its Bulldog logo on apparel, cups, and other products as well as advertisements such as billboards and its website. According to LTF, the "striking similarities" between the two works demonstrate that Bel-Mac intentionally created a derivative work and infringed on the LTF's exclusive rights under copyright and trademark law.
LTF is seeking, among other things, preliminary and permanent injunctive relief, as well as various forms of damages under a number of federal and Louisiana state laws relating to copyright and trademark protections.
Bel-Mac has not yet filed its answer to LTF's Complaint. We will be sure to provide future updates as the litigation progresses.