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Budweiser battle flares again
20 Oct 2009The battle of the rival Budweiser beers flared again today with the US company claiming it had "stolen a march" on its old enemy, the Czech brewer.
Their worldwide court squabbles over their name began in 1911 and were thought to have been settled in the UK in 2000 when the Court of Appeal ruled the two companies could share the names Bud and Budweiser.
But today the case was back in court after the US company used a new European Directive on trademarks to renew hostilities.
Appeal judge Lord Justice Jacob said the dictionary definition "steal a march" was to get a secret advantage over an opponent.
"That is what the American Budweiser beer company claims to have done to their long-standing foe, the Czech Budweiser beer company."
He said the Czech company claims the tactic was "so sneaky, so unfair, that English law should step in" and stop the new attempt to declare its trade mark invalid.
Lords Justices Jacob and Ward, with Mr Justice Warren, agreed the case would now have to be referred to the European Court of Justice for a ruling on the exact meaning of the Directive.
Lord Justice Jacob said there had been a "quite astonishing series of legal battles around the world" over the name.
"Apparently the first of these was as long ago as 1911. So we are nearing a 100 year war."
He added: "Many lawyers and their families in many places must be grateful that these two parties apparently cannot produce a once and for all world-wide settlement."
In 2005, nearly five years after both parties' Budweiser marks were put on the trademarks register, the US company launched its latest action, saying the trademarks Directive defined an invalid mark as one being identical to another registered at an earlier date.
The Czech company had applied to register Budweiser in 1989 but the US company had applied in 1979.
Budweiser US also said another section of the directive meant their rivals could not challenge their claim because of a time limit.
Reader views (2)
Steve, Poway, it's called "Czechvar" in the US because of the trademark dispute. Don't much like it myself, but I don't care for lager very much - I prefer Pilsners.
- Roy, England, 21/10/2009 16:01
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I live in the States and never even knew there was a Czech Budweiser until today. The Americans have shot themselves in the foot on this one, or at least their greedy lawyers have. I shall look for Czech Bud at my local beer store - it has to be better than the American one (and yes, I know InBev owns bud these days}
- Steve, Poway Ca USA, 20/10/2009 18:46
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