2.Description
The American and the Czech beer companies both claim to have the right to
the name Budweiser. Currently, there are two different beer brands both named
Budweiser being brewed by different producers, and such situation is a source
of obvious disagreements. At the begining, the reasoning behind the dispute
was that two beer beverages of similar type with the same name would be a
source of confusion in the markets that both the brewers wished to target,
and therefore only one should have the right to use it. Later, each of them,
of course, believing in authenticity and better quality of its own product,
expressed the "fear" of one party taking advantage of the other
one's prestige. Lastly, since neither one managed to win the exclusive right
to the use of name in general, respective law suits were filed in respective
countries, markets of which were of interest to the brewers. The rulings differ,
and each of the parties were able to gain trademark rights in only some cases
– thus the dispute did not win them exclusive rights, but led to the
division of market.
Anheuser-Busch was founded by German immigrants, the American brewers say. Adolphus Busch (a German-born American beer brewer) adopted the name Budweiser in 1876. He is said to had thought it was a great idea to give the beer distinct and evocative name --Budweiser - that reminded him of his old country which already was well-known for its high quality beer products, and was also to be brewed in the same style the Czech/German lager-style beers were.5.
The (then Czechoslovak) company named Budejovicky Budvar was founded in the town of Ceske Budejovice in 1895. The beer, however has been brewed in Budejovice ever since the 14th century. The disputed "Budeweiser" name is an adjective originating from the German name of the Czech town Ceske Budejovice – Budweis- where the beer was born in the Middle Ages and thus describing the origin of the brew. Budweiser means the beer of the Budweis region, same as Champaign in France describes the wine of the Champaign wineries. Logically then, the Czechs claim to have the right to the name from long before the Americans even started the beer brewing.6.
The Czech brewer wished to start exporting its then already existing Budvar into the markets beyond those of the Old Continent but found out another Budweiser existed. Since Anheuser-Busch has already had the trademark registered in the United States, Budvar was temporarily sold in the US under a different name - Crystal. Similarly, the American brewer, also interested in expanding its market, but now aware of the other Budweiser's existence [and due to the disputes] would use the name -Bud –abroad to get around the issue. The disagreement, however, grew larger and later included also the right to the variations of the name Budweiser which includes the name Bud (which is, now , already produced by both brewers). Teoretically, the two companies were to honor agreements about avoiding the market dominated by the other party, but they have eventually engaged in a legal dispute over who should have the right to use the trademark.
Legal Cases
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