The dispute among both breweries comes from a long time ago, and even it was spoken about an acquisition attempt in the beginning of the nineties. Budejovicky Budvar says that is entitled of using the name Budweiser, because it refers to Ceske Budejovice’s Czech city, known as Budweis in German. While Anheuser-Busch affirms that it registered the trademark in the United States in 1878, 19 years before the Czech manufacturer made it, and they gave the name of your beer for the name of Adolphus Busch’s home town. In the case of Argentina Anheuser-Busch triumphed on the brewery Budweiser Budvar.
On June 6, 2011, Division II of the Federal Court of Appeals confirmed the decision of first instance in the case “Budweiser Budvar National Corporation vs Anheuser-Busch, Inc.” (Case No. 2071/1999), finishing 12 years of litigations in that the Czech brewery tried to register the trademark in Argentina Budejovicky Budvar and the Anheuser-Busch filed a counterclaim for ceasing of the use of the trademark BUDWEISER BUDVAR.
Budweiser Budvar National Corporation (BB) in Argentina applied the registration of the trademark BUDEJOVICKY BUDVAR in classes 16, 21, 25 and 32, and Anheuser-Busch; Incorporated (AB) filed oppositions in ground to your marks BUDWEISER and BUD.
BB began a court action against A-B requesting that the oppositions were declared groundless, and A-B replied the demand and claimed that BB ceases the use of the trademark BUDWEISER BUDVAR based on the advertising announcements of the beer that appeared in a called magazine “Bebidas Latinoamericanas” (Latinoamerican Beverages) that circulated in Argentina at that time.
A-B also filed a preliminary injunction against BB aimed at stopping the use of the trademark and the advertisement of BUDWEISER BUDVAR beer in Argentina until a final decision had been rendered. The court of first instance granted the injunction and, on appeal, Division II of the Federal Court of appeals upheld such decision in December 3, 2002.
After a lengthy trial, the court of first instance rendered a decision and rejected BB’s complaint regarding the opposition case and ruled that A-B’s oppositions were founded.
In the appeal resource, Division II of the Federal Court of Appeals shared the arguments of the first instance judges and determined that this case should be resolved tends in bill the specific circumstances.
The Division II of the Federal Court of Appeals considered BUDWEISER a well-known mark for beers, which it was registered in Argentina and it was sold in a significant way in the country. On the other hand, the diffusion reached by BB in the Czech Republic and other countries doesn’t project any influence to decide the present litigation by virtue of the territorial nature of the trademarks.
As a result of the sentence the trademark BUDEJOVICKY BUDVAR of BB could not coexist with the trademarks BUDWEISER and BUD of A-B and BB cannot obtain the registration of your trademark BUDEJOVICKY BUDVAR, nor announce your beer BUDWEISER BUDVAR in Argentina.
