January 2006
Finnish Judgment on the use of Budweiser name
Finnish Supreme Court delivered its verdict on a longstanding dispute over Budweiser trade mark at the end of December 2005. The parties to the dispute were US brewery Anheuser-Busch and Czech brewery Budejovicky Budvar. The action commenced in 1996.
The US brewery is the owner of national Finnish trade mark registrations for Budweiser and Bud. The US giant demanded that Budejovicky Budvar were prohibited using either of the above marks in all contexts including labels, invoices and advertising. It made further demands in an effort to stop the Czechs using Budejovicky Budvar, Budveiser Budvar, Budweiser Budbrau and Budvar claiming that any such use could cause confusion amongst Finnish beer consumers.
The court held that the Budweiser mark belongs to the US brewery. However, the Czech company is allowed to use expression Budweiser Budvar when referring to the company’s trading name in the context of invoices and labelling of beer bottles so long as the use complies with good business practice. Use of the mark Bud was not allowed as this was held to refer to the US company and use by anybody else might cause public confusion of the product origin.
BRIFFA Comment:
The Czech brewery’s use of Budweiser name dates back to 1800s when it began to use the German ‘translation’ Budweiser of its home town Budejovice. Anheuser-Busch claimed that its use of Budweiser commenced 19 years prior to Budejovicky Budvar’s.
For more advice on branding and registering your name as a trade mark please contact Maija at maija@briffa.com.