30.07.2010
The European Court of Justice delivered a blow to the brewer Anheuser-Busch InBev yesterday by rejecting its appeal to own the rights to the Budweiser beer brand.
In April 1996, Anheuser-Busch filed an application to have Budweiser registered as a European trademark.
However, in 1999, the Czech brewer Budějovický Budvar blocked Anheuser-Busch’s trademark attempt on Budweiser. It argued that it had already registered the name for its beers in Germany, Austria, Italy and the Benelux countries.
The ECJ ruled yesterday that Anheuser-Busch cannot have exclusive European rights to the Budweiser brand.
It found that Anheuser-Busch’s claim to trademark the name was invalid as Budějovický Budvar had already registered the term as an “international word mark”, which is another type of intellectual property protection valid in some EU states such as Germany.
This meant Budějovický Budvar had the right to use the term Budweiser, which invalidated Anheuser-Busch’s request to have it trademarked, the ECJ said.
The European court also ordered Anheuser-Busch to pay costs.
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