October 22, 2014

LAS CRUCES, N.M. (AP) Oklahoma State is suing New Mexico State over the use of a pistol-packing mascot that it says is ''confusingly similar'' to the Cowboys' own Pistol Pete.

Oklahoma State, which filed suit Monday in U.S. District Court in Oklahoma, wants NMSU to stop using the mascot, sometimes referred to in Las Cruces as ''Classic Aggie.''

Oklahoma State said it trademarked the mascot first and has used the image since 1930.

NMSU says officials are confident 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.

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