TEMPE, Ariz. — Online adult site SunDevilAngels.com will soon cease to exist after a judge signed off on a final judgment and permanent injunction in a suit brought on by Arizona State University.
The adult website has been in operation for nine years and doesn't use colors, logos, students or other ASU affiliations. Nonetheless, ASU officials initiated legal action against defendant website operators Eddie Coates, Brent Townsend and others because they were using trademarks the famed school has owned since 1947.
ASU officials said that they own several trademarks, including Sun Devil and Sun Angel, and that SunDevilAngels.com's operators cybersquatted and infringed on their intellectual property by using them.The site is "likely to cause initial interest confusion among Internet users seeking information regarding ASU," the suit said.
With both parties agreeing to terms of a final judgment and permanent injunction, U.S. District Judge Susan Bolton last month ordered the adult website's operators to cease use of SunDevilAngels.com and any of the ASU trademarks by May 20.
"After May 20, 2013, defendants and all those acting in concert with defendants shall be permanently enjoined from using and from registering any name or mark incorporating any of the ASU marks and any other name, mark, or indicia," Bolton ruled.
With the judgment and injunction entered, the school waived a damage award, but both parties will bear their own attorneys fees and court costs.
SunDevilAngel.com's operators, who are based in New Jersey, did not immediately respond to XBIZ for comment.
