On 25 October 2002, the Court of Appeal rejected the appeal launched by the American brewery, Anheuser-Busch Inc., to revoke the Czech brewery Budejovicky Budvar N.P.'s registrations of the marks "Budweiser Budbr�u" and "Bud", on the ground of non-use (Section 46 of the 1994 UK Trademark Act). The Court decided that Budejovicky Budvar had the legitimate rights to use the "Bud" and "Budweiser Budbrau" names. It made no difference that there was not a product named "Bud". It was sufficient that the product was known by a diminutive name and that name was used in relation to the goods.
Currently, the two breweries are involved in 40 judicial disputes over the use of the "Bud" and "Budweiser" names around the world and they have been battling for years. For Anheuser-Busch, the "Bud" abbreviation is their flagship brand, whereas "Budweiser" beer has been brewed in the Czech town of Budweis since the 13th century.
In contrast to other decisions around the world on the "Bud" and "Budweiser" names - as for instance in New Zealand, where the Court of Appeal recently ordered the Czech brewery to stop importing, advertising, or selling beer under the Budweiser name - the UK ruling creates a unique trade mark situation in which two companies retain the rights to use the "Bud" and "Budweiser" names in the country.
|
