European court allows Budvar to continue to use Budweiser name in UK
Czech brewer Budějovický Budvar will continue to be able to use the "Budweiser" name in the UK following a ruling from the Court of Justice of the European Union (CJEU).
Budvar has a long-running dispute with Anheuser-Busch, maker of US Budweiser beer, over the Budweiser name.
Both companies were given permission by the Court of Appeal to simultaneously register the Budweiser trademark 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 its application for the registration of the mark in the UK (1976) predates Budvar's application (1989).
The Court of Appeal sought clarification from the CJEU, which has today ruled in Budvar's favour.
Marks & Clerk Solicitors acted for Budějovický Budvar. Mark Blair, partner, commented: "We are delighted with the CJEU decision, and with having staved off yet another attack on Budvar's Budweiser brand by Anheuser-Busch. The two brands have co-existed in the UK for decades, differing in taste, price, and get-up. The identical nature of the Budweiser marks is an honest, historical coincidence, and causes no significant confusion among UK consumers.
"This is effectively a very strong endorsement from the CJEU of Budvar's right to the Budweiser name in the UK, and of the underlying principles of trademark law in general - it sends a clear message that you cannot simply cancel a trademark that has been used for 30-plus years in good faith."
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By Neil Gerrard
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