OSU’s Pistol Pete takes aim at NMSU’s Classic Aggie

Powerhouse Oklahoma State University is suing New Mexico State University, claiming the Aggies have plagiarized its pistol-packing mascot.

The federal lawsuit filed Monday in U.S. District Court in Western Oklahoma says the NMSU’s mascot is “confusingly similar” to OSU’s Pistol Pete Marks. The Oklahoma school wants NMSU to stop using the mascot known in Las Cruces as “Classic Aggie.”

OSU released the following statement to ABC-7:

“Oklahoma State University owns incontestable federal trademark registrations for its Pistol Pete marks. Based on Stillwater-area, real-life lawman Frank Eaton, the Pistol Pete mascot originated from Oklahoma State University in the 1920s and is well-known nationally. For more than 80 years, Oklahoma State has continuously used marks depicting Pistol Pete. The university is strongly opposed to any effort to infringe upon its trademarks and will take the necessary steps to protect its rights to the Pistol Pete marks.”

OSU says it trademarked the mascot first and has used the image since 1930.

In a statement, NMSU says officials are confident that the two schools can come to an agreement.

Pistol Pete is based on a real cowboy from the 1800s named Frank Eaton. He got his nickname practicing his shooting skills in Oklahoma and is said to have won a legendary Albuquerque gunfight.