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January 6, 2010

ASU Puts a Cork on Sun Devil Ale Naming and Branding

Arizona State University has demanded that a local pub rename its Sun Devil Ale.

The owner of SanTan Brewing Co has decided not to fight the university's recent cease and desist letter and will instead hold a naming contest during January and February to find a new moniker for the brew that has been sold in his establishment for two years.

The owner has (mildly) suggested this is a case of "selective enforcement" around the trademark for a name which is very widely used in Chandler, Arizona.

Intellectual Property and Entertainment Law attorney Mark Reichenthal at IP Ideas took the liberty of looking at the Secretary of State of Arizona's website and found "quite a few" places that used the Sun Devil name.

Wandering Justin irately goes further, noting that a quick perusal of the Internet comes up with "a women's nudist club, a liquor store and an auto repair chain" using the name... and possibly a bail bonds company.

The problem seems to be that naming an ale using the term "Sun Devil" not only encourages underage drinking at the university but also could be something that takes off pretty quickly outside Chandler (the pub owner looked for a federal mark, a sign he might have been thinking big), without ASU getting a penny of the proceeds.

This kind of problem occurs when a trademark holder is a little lax in protecting its mark, leading people who are being prosecuted to wonder why they are being singled out when others are let off the hook.

ASU would win if push comes to shove, which is rather a shame because it looks like SanTan Brewing acted in good faith here. I suppose a naming and branding consultant could have cleared this up before it became an issue.

Technorati Tags: Beer, Sun Devil, Trademark Conflict, Arizona State University, Naming Contest, Brewing Company

Posted by William Lozito at January 6, 2010 1:49 PM
Posted to Brand Naming | Branding | Naming Rights | Product Naming | Spirits | Sports and Recreation | Trademarking

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