BUDWEISER battle continues
The ongoing disputes between Anheuser Busch and Budejovicky Budvar
Narodni Podnik (BB) have continued. The parties each applied to
register BUDWEISER as a trade mark and both were allowed to proceed
to registration. Both parties appealed against the decision insofar
as it allowed the other party's trade marks. Anheuser Busch argued
that it had always used BUDWEISER alone whereas BB had used a
composite mark, BUDWEISER BUDVAR.
The appeals were dismissed with both of the BUDWEISER marks
remaining on the register. The Court was bound by a previous
decided case in the Court of Appeal in 1979 which had established
in passing off proceedings that both parties were entitled to use
the BUDWEISER mark. Also it was clear from the evidence given by
traders and the public that BB's beer was commonly referred to as
BUDWEISER and that there had been continual reference to BUDWEISER
in advertising and promotional material.