Budweiser trademark dispute explained

The Budweiser trademark dispute is an ongoing series of legal disputes between two beer companies (from the Czech Republic and the United States) who claim trademark and geographic origin rights to the name "Budweiser". The dispute has been ongoing since 1907, and has involved more than 100 court cases around the world. As a result, Budweiser Budvar has the rights to the name Budweiser in most of Europe and Anheuser-Busch InBev has this right in North America. Consequently, AB InBev uses the name "Bud" in most of Europe and Budvar sells its beer in North America under the name "Czechvar". In other territories, one or the other or even both may use the name, depending on local trademark law.

Background

Beer brewing in the city of České Budějovice (German: Budweis), which was then in the Kingdom of Bohemia and is now in the Czech Republic, dates back to the 13th century,[1] when the city was granted brewing rights during the reign of Ottokar II of Bohemia. During the time when both Czech and German were official languages in the kingdom, two breweries were founded in the city. Both breweries made beer which they called "Budweiser", similar to how brewers in the city of Pilsen made a beer generically called Pilsner.[2] The beer from Budweis began being exported to the United States in 1872–73 and then again beginning in 1933.[3] In 1876, the American brewer Anheuser-Busch began making a beer which they also called "Budweiser", motivated in part by a desire to "brew a beer similar in quality, color, flavor and taste to the beer then made at Budweis", according to Adolphus Busch.

Parties

Two breweries currently claim rights to the word "Budweiser":

In addition, Budweiser Bier Bürgerbräu (Czech: Budějovický měšťanský pivovar) was founded in 1795 by German-speaking citizens of Budweis, and began exporting beer under the "Budweiser Bier" name to the United States in 1875. The company was expropriated by the state in 1945, and abandoned use of the Budweiser name at that time.[6] However, after the fall of communism in Czechoslovakia, the government restored the company's rights in Czechoslovakia. The parent company of Budweiser Bier Bürgerbräu, Samson, was acquired by AB InBev in 2014, in part to help support AB InBev's claim to the Budweiser mark.[7]

Legal theories

Anheuser-Busch cites prior registration of the trademark in the United States, and more recently its ownership of Budweiser Bier Bürgerbräu, when making a claim to the mark. Anheuser-Busch has also pointed to advertising campaigns where those predated any formal registration by either party, such as an extensive campaign in the 1930s in Italy that predated Budvar's 1940 registrations.[8] The Budweis-based companies have argued in turn that Budweiser is generic, or is a protected geographical indication that refers to beer made specifically in the city of Budweis. Where possible, Budvar's claims are supported by proof of prior use (as in Germany).

Contracts between Anheuser-Busch and the two Czech breweries in 1911 and 1939 have also factored into some of the cases. These contracts allegedly gave Anheuser the right to use Budweiser as a "trade name or trade mark" while giving the European companies the right to use Budweiser "as descriptive of geographical origin".

In the European Union, the cases have led to several court rulings about the nature and scope of protected geographical indications (also known as "appellations of origin"). In Italy, courts found that an appellation could be valid even if the place name to which the case referred no longer legally exists (in this case, the city of Budweis, now Budějovice), which gave Budvar's brand protection in Italy.[9] In a case originating in Austria, the European Court of Justice ruled that simple indications (in this case "Bud") could not be prohibited if a more specific appellation was protected, therefore allowing AB InBev to sell "Bud" in Austria, but not "Budweiser".[10]

History of the dispute

In 1907, American and Bohemian brewers made an agreement that Anheuser-Busch could market its beer as Budweiser only in North America, while the Bohemian brewers had the rights to the European markets.[11] Since then, litigation has been extensive: according to the Budvar website, as of 2012 there were "about 40 trademark dispute cases pending in different jurisdictions and some 70 procedural issues up for consideration around the world".[12]

As of January 2013, Budvar claimed to have won 89 of 124 cases against AB InBev, with an additional eight ending in a draw or settlement.[13]

In the European Union (EU), Budějovický Budvar is recognized as a product with Protected Geographical Indication. However, the trademark rights to the name Budweiser for some products other than beer are owned by Anheuser-Busch.[14]

In early 2007, Anheuser-Busch and Budvar reached an agreement that stated that Anheuser-Busch would market Budvar/Czechvar in the United States and several other countries for an undisclosed fee. However, both sides stated that this did not affect their lawsuits. The partnership with AB InBev was terminated in January 2012, and in July of that year, United States Beverage began responsibility for the sales and marketing of Czechvar in the United States.[15]

In March 2009, Anheuser-Busch lost an appeal against the EU's Office for Harmonisation in the Internal Market (OHIM) decision to reject the registration of Budweiser as an EU-wide trademark for beer for Anheuser-Busch. The court pointed out that Budějovický Budvar had proven that it had been using the trade mark during at least the five years preceding the publication of Anheuser-Busch's application for a Community trade mark. The decision also covers malted non-alcoholic beverages (such as non-alcoholic beer).[16]

Some recent cases include:

Alternative brands

Where AB InBev has lost cases, it markets its product as "Bud" (as in Italy) or as "Anheuser-Busch B" (in Germany).[24] In 2013, AB InBev was granted an EU-wide Community Trade Mark for the use of "Bud", after winning a related court case against Budvar.[25]

Where Budvar does not have rights, such as the United States, Canada, and Brazil, it uses the brand name Czechvar.[26] In 2007, AB InBev signed a deal with Budvar to sell Budvar Budweiser under the name Czechvar in the United States.[27] The partnership was terminated in January 2012,[28] and in July of that year, United States Beverage began responsibility for the sales and marketing of Czechvar in the United States.[29]

See also

Notes and References

  1. Harper, Timothy; Oliver, Garrett (1997). The Good Beer Book, p.68. New York: Berkley. .
  2. Web site: Patent Dispute Could Put Czech Brewer in A-B InBev's M&A Crosshairs. WSJ Blogs - Deal Journal. 2008-07-16. 2015-09-05.
  3. Web site: Budějovičtí právovárečníci – Měšťanský pivovar České Budějovice, založen 1795. Encyklopedie Českých Budějovic.
  4. Book: Ogle, Maureen . 2007-10-08 . Ambitious Brew: The Story of American Beer . Houghton Mifflin Harcourt . 109 . 978-0547536910.
  5. News: Cunningham . Benjamin . 27 January 2014 . Where a Budweiser Isn't Allowed to Be a Budweiser . . 5 September 2015.
  6. Web site: Kenety . Brian . 22 August 2005 . Centuries-old 'Budweiser Bier' heading for St Louis to take on American giant . . 5 September 2015.
  7. News: Rousek . Leos . 2 July 2014 . InBev Buys Brewery Where Budweiser Name Began . . 0099-9660 . 5 September 2015.
  8. Book: Landmark Intellectual Property Cases and Their Legacy: IEEM International Intellectual Property Conferences. Heath. Christopher. Sanders. Anselm Kamperman. 2011-01-01. Kluwer Law International. 9789041133434. en. Chapter 10: The Budweiser Cases: A Brewing Conflict. https://books.google.com/books?id=rJJOgarIGOcC&pg=PA182.
  9. Web site: Lazzarino . Paolo . 30 September 2013 . Italian Supreme Court: is Budweiser an appellation of origin? . Lexology . 19 April 2016.
  10. Web site: Hauer . Christian . 10 September 2012 . The Austrian "Budweiser" dispute: protecting appellations of origin under Regulation (EC) 510/2006 . Lexology . 19 April 2016.
  11. Web site: Duprey . Rich . 3 July 2014 . Anheuser-Busch InBev Stakes Claim to Budweiser Name . The Motley Fool . 19 April 2016.
  12. Web site: The Trademark. Budweiser Budvar. https://web.archive.org/web/20130218105941/http://www.budweiserbudvar.co.uk/history/budweiser/. 2013-02-18.
  13. Web site: Petr . Miroslav . 15 January 2013 . Lordi potvrdili práva Budvaru v Británii. Americký rival s požadavky neuspěl . . cs-CZ . Prague . 19 April 2016.
  14. Web site: EU Court Upholds Anheuser-Busch's Budweiser Trademarks . . 23 April 2007 . 25 January 2011.
  15. Web site: United States Beverage Named New U.S. Importer for Czechvar Beer. 11 October 2015. https://web.archive.org/web/20160304064825/http://www.unitedstatesbeverage.com/news-details.php?ID=220. 4 March 2016. dead.
  16. Web site: Court of First Instance of the European Communities | Press Release No° 25/09 | Judgment of the Court in Case T-191/07 Anheuser-Busch, Inc. v OHIM | 25 March 2009 . 25 January 2011.
  17. Web site: JUDGMENT OF THE COURT OF FIRST INSTANCE (First Chamber) 25 March 2009 . 2012-04-12 . InfoCuria – Case-law of the Court of Justice . In the present case, the Board of Appeal found that the evidence which Budvar produced was clearly sufficient to prove genuine use of the earlier international word mark BUDWEISER (R 238 203). The Board of Appeal referred, in particular, to advertisements showing images of Budvar beer bearing the mark BUDWEISER, to invoices sent to customers in Germany and Austria and to the fact that those advertisements and invoices related to the relevant period..
  18. News: EU Rejects Appeal for Bud Trademark. Wall Street Journal . Susan. Carey. Peppi. Kiviniemi. 29 July 2010.
  19. News: Případ uzavřen: Značka Budweiser v EU patří do Českých Budějovic, rozhodl soud . . cs-CZ . Prague . 29 July 2010 . 19 April 2016.
  20. News: Czech Brewer Wins Suit Over Budweiser Naming Rights. Aaron O. Patrick. Wall Street Journal. 26 March 2009.
  21. UK Supreme Court ends Budweiser trademark row . . Newton Media Ltd . 16 January 2013 . 5 September 2015.
  22. https://www.ipo.gov.uk/t-challenge-decision-results/t-challenge-decision-results-bl.htm?BL_Number=O%2F504%2F01&submit=Search+%BB Trade Mark decision O/504/01
  23. Web site: Budweiser Banned in Italy; Czech Budvar Wins Court Battle vs. AB InBev. DailyFinance. 2015-09-05. 2013-10-08. Karl. Janicek.
  24. News: Brew-ha-ha. The Economist. 2015-09-05. 0013-0613. 1997-09-25.
  25. OHIM approves AB InBev Bud trademark . . Newton Media Ltd . 26 June 2013 . 5 September 2015.
  26. Web site: Contact us. Czechvar. 2015-09-05. https://web.archive.org/web/20150923212204/http://www.czechvar.com/contact.html. 2015-09-23. dead.
  27. http://www.czechvar.com/story-of-czechvar-beer.html Story of Czechvar Beer
  28. News: Talks collapse in fight over Budweiser name . . . 18 December 2012 . 5 September 2015.
  29. Web site: United States Beverage Named New U.S. Importer for Czechvar Beer . 2014-07-23 . https://web.archive.org/web/20160304064825/http://www.unitedstatesbeverage.com/news-details.php?ID=220 . 2016-03-04 . dead .