Bud Light drops plans to offer maize and blue cans after University of Michigan objects
You won't find maize and blue cans of Bud Light on game day.
Anheuser-Busch Inc. has bent to legal pressure over its attempt to peddle "dark blue and yellow" Bud Light cans as part of its "Team Pride"-"Made for Gameday" promotion, University of Michigan officials said today.
University spokeswoman Kelly Cunningham said U-M lawyers sent a letter of complaint to Anheuser-Busch on July 22 over the campaign. The campaign included U-M colored beer cans and T-shirts listing the football season schedule on the back.
Cunningham said lawyers have since heard back and were assured the cans won't be sold anywhere in U-M's community, which the university considers to be the entire state of Michigan.
"The university has a strict policy of not permitting our name or logo on anything that promotes the use of alcohol," Cunningham wrote in an e-mail to AnnArbor.com. "It could have been very confusing to all of our fans, student and non-student alike."
Promotional materials for the "Team Pride" program, also called "Fan Can," described the colors as dark blue and yellow; the letter from U-M lawyers uses "maize and blue" to describe the cans. The cans don't include logos or other proprietary identifiers, according to a written statement from Anheuser-Busch.
The statement describes "Team Pride" as a national program that includes multiple can color combinations across the country, timed to coincide with the beginning of football season and baseball playoffs. About half of Anheuser-Busch wholesalers are participating.
Tricia Hornsby, a spokeswoman for the Collegiate Licensing Co. - which licenses products for almost 200 colleges, including U-M - and the National Collegiate Athletic Association, said 25 schools formally asked Anhesuer-Busch to axe its "Fan Can" campaigns near their campuses.
In the Anheuser-Busch statement, Carol Clark, vice president for corporate social responsibility, writes: "Certain cans are not being made available in communities where organizations had asked us not to offer them."
The letter from Pear Sperling Eggan & Daniels, P.C., which represents U-M in trademark matters, said Michigan's "Maize and Blue" colors are part of its national identity, and many fans purchase U-M products under its licensing program.
The licensing does not permit the use of trademarks on alcoholic beverages. And regardless of what the colors are called, the letter states, "Michigan strongly believes that your proposed Team Pride program would infringe upon Michigan's trademarks, specifically its trademark colors." It went on to threaten legal action for trademark infringement if Anheuser-Busch or its wholesalers chose to proceed with the promotion.
The letter also references a 2008 court case involving Louisiana State University and an apparel company. The ruling made it clear that unauthorized use of colors associated with a university constitutes trademark infringement, the letter states.
Though the Louisiana State won its infringement case, its purple-and-gold Bud Light cans have recently been made available, and administrators there don't object, according to a Wall Street Journal article.
Juliana Keeping covers the University of Michigan for AnnArbor.com. Reach her at 734-623-2528 or julianakeeping@annarbor.com.
Comments
bounce
Wed, Apr 21, 2010 : 2:31 p.m.
You're a little late to the party, Greg. I think you actually recognize that there's a difference between licensing trademarks for use on koozies or shot glasses and beer. They might be used with beer and liquor, but it's not the same thing. Do they "promote the use of alcohol"? You might be able to make that argument, but it's not clear cut. Personally, I use koozies for cans of pop on the beach more often than beer and display my Michigan shot glasses more than actually use them. Bo died in 2006. His wine (not "Big Blue") was first offered for sale around 2008. So no, he probably never made any money from it (though I'm sure his wife did). I don't know that the university licensed it because I can't remember if it used any of its trademarks. Even if it did, I don't really have a problem with it. As for getting sued, you should pick a less crappy beer - just to be safe.
bounce
Wed, Apr 21, 2010 : 2:30 p.m.
You're a little late to the party, Greg. I think you actually recognize that there's a difference between licensing trademarks for use on koozies or shot glasses and beer. They might be used with beer and liquor, but it's not the same thing. Do they "promote the use of alcohol"? You might be able to make that argument, but it's not clear cut. Personally, I use koozies for cans of pop on the beach more often than beer and display my Michigan shot glasses more than actually use them. Bo died in 2006. His wine (not "Big Blue") was first offered for sale around 2008. So no, he probably never made any money from it (though I'm sure his wife did). I don't know that the university licensed it because I can't remember if it used any of its trademarks. Even if it did, I don't really have a problem with it. As for getting sued, you should pick a less crappy beer - just to be safe.
Greg Pryor
Tue, Apr 20, 2010 : 12:58 p.m.
Hmmm....Lemme get this straight... 1. Michigan licenses the use of their logo on koozies, and shot glasses, etc. http://www.kohls.com/upgrade/webstore/product_page.jsp?PRODUCT%3C%3Eprd_id=845524892595412&pfx=pfx_shopcompare&cid=shopping3&mr:trackingCode=760718BC-2722-DF11-9B13-0019B9C043EB&mr:referralID=NA 2. They also allowed Bo to make money selling Big Blue wine..http://boswine.com/wine Does anyone know a good attorney? I am thinking about putting my Bud Light can inside of a U Michigan koozie and I may get sued....
bounce
Sun, Aug 23, 2009 : 4:39 p.m.
Was the schedule on the shirt that of Toledo's football team or Michigan's? Were the cans to be (mainly) sold in Ohio or Michigan? Let's not be silly. This isn't about any and all uses of the colors. There are other football teams with a similar color scheme (West Virginia and Cal come to mind). If you look at other other sports levels of competition, you'll find others as well (Swedish national hockey team or San Diego Chargers, for instance). However, can you make an honest argument that this was the "team pride" Anheuser Busch was trying to capitalize on?
superliberal
Sat, Aug 22, 2009 : 8:57 p.m.
I did not know that colors could be owned but since they can i am sure that the University of Toledo is going to be mighty mad to hear of this. U of T's colors are blue and gold. I am sure that the U of T was the school who's colors were intended to be duplicated on the cans of beer.
bounce
Sat, Aug 22, 2009 : 5:39 p.m.
This "entire state of Michigan" issue is being overblown. If green and white cans were being made and Michigan State objected, they might ask for them not to be sold in the whole state as well. I've been to all corners of the state, and you will usually (college towns aside) find both Michigan and Michigan State products for sale. I don't think it's unreasonable to consider the state to be the university's footprint. No one said it was exclusively Michigan's. @Nacho - Read the article: "The university has a strict policy of not permitting our name or logo on anything that promotes the use of alcohol". How does that jive with your assertion that "Michigan" (the state or the university?) isn't "worried about the alcohol issue"? Using trademark protection to enable their goal doesn't mean it's about money. What alcoholic products has the university licensed its trademarks for? You're argument would hold some water if it was a product Michigan does in fact endorse. @patriotact - Colors can (and have) been used as trademarks. The fact that Anheuser Busch is selling the cans mainly in close proximity to the university and offering shirts that feature the football team's schedule, which I didn't know before now, increases the potential for confusion. Confusion is the test that is applied in trademark infringement cases.
patriotact
Sat, Aug 22, 2009 : 12:27 a.m.
This is just crazy. Why are people wasting time even worrying abou this???? UM does not have the abilty to allow or not allow this. this is a private company in a free country that was using two colors...blue and yellow. who really cares. If i was the company I would not only use blue and yellow, I would use it on everything I seel in the area. UM does not own the two colors. Who knows, maybe it would help the sports teams actually be worth watching...
Tru2Blu76
Fri, Aug 21, 2009 : 11:46 p.m.
"Maize and Blue" - is a referenced color combination purposely used as an identifier of the University of Michigan and its sports teams. To think of it as anything less is kinda silly - especially if doing so is in support of a beer company wanting to gain by playing to that trademark association. Those who like to drink beer may still do so - from cans or bottles (or from taps) which aren't copying Michigan's official colors in an attempt to "borrow" fan enthusiasm. U of M's "community" - heck, we say "Michigan" all the time and are understood to mean the University of Michigan. That U of M co-opted the name of our state is nothing more than a promotional and rivalist strategy. They got there first - and they have always vied to "represent the State of Michigan" as this state's leading university. So long as there is intrastate rivalry as an institution in every state, we'll see this kind of "arrogance" and "injustice." This is one of the ways big universities advertise. If enough people see this "idea" is a mistake: it will change. But not until then.
Nacho
Fri, Aug 21, 2009 : 11:45 p.m.
In no way, I am saying Michigan should promote drinking (that might make the fans at the big house seem alive), however, according to how I understand the article, that isn't the issue. According to the letter from U of M lawyers, "Michigan strongly believes that your proposed Team Pride program would infringe upon Michigan's trademarks, specifically its trademark colors." It doesnt seem to me Michigan is worried about the alcohol issue, they are worried about trademark infringement and being the center of the universe (universe being the State of Michigan).
movingontoarealpub
Fri, Aug 21, 2009 : 10:59 p.m.
It's not bullying or claiming to "own" colors (at least in this case). Budweiser wants to promote and distribute its beer locally with a campaign slogan of "Team Pride - Made for Gameday" while using U-M's colors. It would be an easy connection for a fan to think U-M is a sponsor of this campaign, or at least must be okay with it, which is not true in this case. I can't imagine why Budweiser thought this would fly, except for all the free publicity it's getting (I've said the "B" word twice for free :).
daytona084
Fri, Aug 21, 2009 : 10:02 p.m.
So U-M claims to own the rights to anything any shade of blue/yellow?
11GOBLUE11
Fri, Aug 21, 2009 : 7:12 p.m.
Makers Mark does a blue and gold wax pour over fifths, and they have done the same with other relevant colors - including those of the KY Derby. Remove the specific references to UofM, and run with it. I for one will be consuming lots of water and a few Miller Lights at my tailgate, because Miller is still a UNITED STATES company. Bud is now owned by In-Bev, a non-U.S. company. Where I can, I try to buy U.S., but it's getting more and more difficult thanks to the masterminds in D.C.
badgerboy
Fri, Aug 21, 2009 : 6:56 p.m.
WOW Nacho...... UofM does a lot of stupid stuff but not being involved with supporting drinking is def. not one of those. Worst comment ever
Nacho
Fri, Aug 21, 2009 : 4:58 p.m.
A few things that bother me..."Cunningham said lawyers have since heard back and were assured the cans won't be sold anywhere in U-M's community, which the university considers to be the entire state of Michigan." The entire state is U of M's community? Just as an example Ypsilanti is EMU's community, Kalamazoo is WMU's community...come off the ivory pedestal!!! And...""The university has a strict policy of not permitting our name or logo on anything that promotes the use of alcohol," Cunningham wrote in an e-mail to AnnArbor.com. "It could have been very confusing to all of our fans, student and non-student alike." Because all the fans and students are idiots? Is someone really going to say "huh, I guess U of M is brewing Bud Light"? Seriously, another case of U of M being the high brow exclusive institution it is. Maize and blue are colors how can they belong exclusively to U of M. Does humanity belong exclusively to be because I am recognized as being a human? Growing up so close to U of M, this is the exact reason why I root against them.
Matt Van Auker
Fri, Aug 21, 2009 : 3:19 p.m.
To be sure, there are other ways to party other than alcohol. There was another story, today, in the Associated Press, which linked alcohol to all types of cancer. See you at the AA meeting tonight at Westside Methodist, whomever, at Seventh and Pauline. I'm sure a good time will be had by all. If you can think of a better group of people, let me know.