The Sun Devil trademark has sparked a pintful of controversy, and one local brewery is paying the price.
ASU is forcing SanTan Brewing Company to change the name of one of its best-selling beers, Sun Devil Ale, because a University spokeswoman said it is monitoring its trademark and does not want ASU to be associated with alcohol.
“Anyone who owns a federally-registered trademark is required to defend it,” said Terri Shafer, an ASU spokeswoman. “We can’t turn a blind eye when someone’s using a trademark like Sun Devil without our permission; otherwise, we lose the right to it.”
Once ASU learned of the brewery using its trademark, the University sent a cease and desist notice. Owner Anthony Canecchia objected and asked for a license agreement to use the name Sun Devil Ale, Shafer said.
“We let the owner of the brewery know that we’re not willing to grant the license for Sun Devil Ale because we never license the use for a trademark on alcoholic beverages,” she said.
One issue has been the fact that Sun Devil Liquors, a liquor store in Mesa, has been allowed to keep its name, but Shafer said the word Sun Devil is not on a product and the store’s name was in place before ASU applied for the trademark. Also, Sun Devil Liquors is far from campus and is not suggesting any other link to ASU, she said.
SanTan Brewing Company owner Canecchia said Sun Devil Ale has been in commercial use for more than two years, but he has brewed it for 15 to 20 years.
“It’s the second best-selling beer here at the pub and we also distribute the beers that we brew here and you can drink [it] on tap at other bars and restaurants,” he said. “It’s our number-one seller in the field.”
Canecchia said he was not necessarily trying to associate his beer with ASU and is now hosting a contest to rename the beer by Jan. 31.
“I add a lot of value to the association of Valley of the Sun, Sun Devil, Metro Phoenix,” Canecchia said. “To me, the two are interchangeable; they’re one in the same. It’s just a moniker for Valley of the Sun.”
He said he was shocked when he received the letter.
“It was disappointing that they very zealously pursued their trademark,” Canecchia said. “Unfortunately they do selectively enforce that trademark and they selected us to enforce it upon.”
Canecchia said he tried many times to contact ASU after receiving the letter and was confused by the reference to the use of a pitchfork with the beer.
“We thought, well they must be mistaken,” Canecchia said. “We attempted to contact the [Arizona] Board of Regents several times and nobody would return our calls, nobody would respond to us, so we just sort of blew it off.”
Four Peaks Brewing Company, a pub near the Tempe campus, launched new Devils’ Pitchfork Pale Ale and recently invited ASU’s Alumni Association to participate in a tasting.
“They have a Devils’ Pitchfork that uses the pitchfork in their logo … [but] it was specifically stated to us that we were to stop … the use of Sun Devil on an alcoholic product and the visual representation of any pitchfork image,” Canecchia said.
SanTan doesn’t use a pitchfork image but Four Peaks does, he said.
“It seems serendipitous timing that the lawsuit against us and the launch of their new beer … it seems profit driven,” Canecchia said.
Jennifer Holsman, executive director of operations for the ASU Alumni Association, said the event location was selected six months before the January event.
“The event in January was simply a social networking event, a way to kick off the first of the year and bring young alumni together,” Holsman said.
Four Peaks is not the only place where the association is hosting events, she said.
“We’re not involved with any of the trademark issues that are happening with the University,” Holsman said.
Bryan Graffice, a supply chain management junior, works at the SanTan Brewing Company.
“I think we should be able to keep the name of the beer as Sun Devil Ale, but I certainly understand where they come from with wanting us not to use it,” he said.
Reach the reporter at reweaver@asu.edu
