Oklahoma State on Monday filed a lawsuit against New Mexico State, "seeking to stop NMSU from infringing on what it sees as its trademarked" Pistol Pete mascot, according to a front-page piece by Mike Bush of the ALBUQUERQUE JOURNAL. The suit "asks the court to require the Aggies to 'deliver up' NMSU 'products, printed materials, signage and other articles' bearing the mascot and that they be destroyed." In addition to "legal fees, OSU is requesting that NMSU be ordered to 'account for any and all profits derived' from Pistol Pete." NMSU in a statement said that it "calls the Pistol Pete character 'Classic Aggie.'" But Bush notes an NMSU webpage "says the mascot is known as Pistol Pete." NMSU Assistant Dir of News Justin Bannister said that the lawsuit "seems to focus on a depiction of the mascot that most closely resembles OSU’s Pistol Pete, one the Aggies haven’t used for about 10 years." He added there is "close to a zero chance" that NMSU will stop using the mascot. The lawsuit "contends NMSU previously acknowledged OSU’s legal rights to Pistol Pete." Bush notes NMSU in '05 "shortened the mascot’s name to 'Pete' and replaced his guns with a lasso." But soon Pistol Pete "was back, guns at the ready." Pistol Pete "is also the mascot" for Wyoming athletics. Wyoming in '89 "tried to register the image" at the U.S. Patent & Trademark Office, but "lost that battle to OSU" (ALBUQUERQUE JOURNAL, 10/23). Bannister said that NMSU's classic Pistol Pete image "can be found" on campus "in the form of memorabilia in offices." Bannister: "We don’t keep a catalog of where the classic Pete image is around campus." He added that the lawsuit "prevents him from commenting about the Classic Aggie collection" (OKLAHOMAN, 10/23).
