Jacobs Media Group is honoured to be the recipient of the 2020 Queen's Award for Enterprise.

Court opinion strikes blow for Budvar in Budweiser battle

04 February 2011 by
Court opinion strikes blow for Budvar in Budweiser battle

A top EU legal adviser has come down on the side of Czech brewer Budějovický Budvar in the latest episode in its decades-long battle with American giant Anheuser-Busch over the ‘Budweiser' trade mark.

Anheuser-Busch had sought to invalidate Budvar's concurrent trademark for the ‘Budweiser' name. But the Advocate General (AG) of the European Court of Justice (ECJ) advised the court to rule against the move as part of a non-binding legal opinion on the matter yesterday.

Both companies were given permission by the Court of Appeal to simultaneously register the ‘Budweiser' trade mark in 2000, given their long-standing history of honest co-existence in the UK market. However, in 2005, Anheuser-Busch started legal action to invalidate Budvar's ‘Budweiser' mark on the grounds that their application for the registration of the mark in the UK (1976) predates Budvar's application (1989).

The ECJ's final judgement is expected at a later date.

Marks & Clerk Solicitors acted for Budějovický Budvar. Commenting on the case, partner Kirsten Gilbert said: "We are pleased with the favourable tenor of the AG's opinion. The two brands have co-existed in the UK for decades, differing in image, taste, price and target market. The identical nature of the ‘Budweiser' marks is an honest, historical coincidence, and causes no significant confusion among UK consumers.

"We now await the ECJ's final ruling, in the hope that it will concur with the AG's opinion."

Budvar allows rare unpasteurised lager into UK >>

By Neil Gerrard

E-mail your comments to Neil Gerrard here.

If you have something to say on this story or anything else join the debate at Table Talk - Caterer's new networking forum. Go to www.caterersearch.com/tabletalk

Caterersearch.com jobs

Looking for a new job? Find your next job here with Caterersearch.com jobs

[Newsletters For the latest hospitality news, sign up for our e-mail newsletters.
The Caterer Breakfast Briefing Email

Start the working day with The Caterer’s free breakfast briefing email

Sign Up and manage your preferences below

Check mark icon
Thank you

You have successfully signed up for the Caterer Breakfast Briefing Email and will hear from us soon!

Jacobs Media Group is honoured to be the recipient of the 2020 Queen's Award for Enterprise.

The highest official awards for UK businesses since being established by royal warrant in 1965. Read more.


Ad Blocker detected

We have noticed you are using an adblocker and – although we support freedom of choice – we would like to ask you to enable ads on our site. They are an important revenue source which supports free access of our website's content, especially during the COVID-19 crisis.

trade tracker pixel tracking