TEMPE, Ariz. — SunDevilAngels.com's operators say they were never contacted to resolve a suit by Arizona State University officials who say they've initiated legal action against the adult website because it is using the term "Sun Devil."
The nine-year-old adult website is based in New Jersey and doesn't use colors, logos, students or other ASU affiliations.
But school officials have told the local press that they will continue with a trademark suit against SunDevilAngels unless it surrenders the name because, according to court papers, the site is "likely to cause initial interest confusion among Internet users seeking information regarding ASU."
SunDevilAngels.com's operators, however, say they were never formally contacted about the claims.
"Arizona State University through their representative has indicated the university has attempted to resolve this matter with SunDevilAngels prior to the initiation of the most recent legal proceedings," SunDevilAngels.com's operators told XBIZ. "[But] SunDevilAngels has not been contacted by any representative from the university with respect to a settlement regarding the rights of SunDevilAngels.
"We have referred this matter to our legal team for proper response which may include state and federal forums. We have advised our legal counsel that we are amenable to a resolution of this dispute and have requested that they contact the university's counsel in an attempt to avoid protracted legal proceedings which would be damaging to all parties involved."
ASU officials did not immediately respond to XBIZ for comment on the matter.