What's in a Name?

Last week, the president of Rochester University (a private school located in Rochester, Michigan) announced that the school has changed its name to Rochester Christian University as part of a settlement with the University of Rochester. The settlement resolves a trademark infringement lawsuit filed in federal court in Rochester, New York by the University of Rochester last June.

Founded in 1959 as North Central Christian College, Rochester University has changed its name several times in its 65-year history. In 1997, the school became Rochester College, and it carried that moniker until 2019 when it adopted the Rochester University name. That change did not sit well with the University of Rochester. Tracing its origins to 1850, the private research university sits more than three hundred miles away and boasts a student body ten times the size of Rochester University. Worried that prospective students might be confused as to which school was which, and pointing to web searches and social media posts to support its position, the University of Rochester filed a lawsuit under the federal Lanham Act to protect its brand.

According to the United States Patent and Trademark Office (USPTO), “A trademark can be any word, phrase, symbol, design, or a combination of these thigs that identifies your goods and services. It’s how customers recognize you in the marketplace and distinguish you from your competitors.” Any trademark used in the marketplace earns certain legal protections within the geographic territory in which it is used. A registered trademark (i.e., one filed with and approved by USPTO) carries broader nationwide protections.

Someone holding a mark for its photo studio, for example, generally can’t stop someone from using a similar mark to offer janitorial services. Per USPTO, “[Y]ou don’t have rights to the word or phrase in general, only to how that word or phrase is used with your specific goods or services.” Where industries overlap, legal protection kicks in. In its lawsuit, the University of Rochester argued, “This confusion harms University of Rochester, among other reasons, because prospective students and members of the community may accidently believe certain information about Rochester University pertains to the University of Rochester, when it does not.”

As reported by Crain’s Detroit Business, Rochester Christian University President Brian Stogner announced and explained the name change: “During the discussions involved in coming to this decision, it became clear that this change not only brings a resolution to the University of Rochester’s concerns, but also provides our institution with a wonderful opportunity to clarify and communicate our mission, values and purpose.” The school is and will continue to be “truly inter-denominational,” said Stogner.

If you have questions about your organization’s trademark or whether someone else is infringing on it, reach out to one of the lawyers at Wright Beamer at 248.477.6300.