"Budweiser" тауар таңбасы дауы және географиялық тегін анықтау туралы сот дауы

Legal conflict between Anheuser–Busch and Budweiser Budvar Brewery

The Budweiser trademark dispute is an ongoing series of legal disputes between two beer companies (from the Czech Republic and the United States) who claim trademark and geographic origin rights to the name "Budweiser". The dispute has been ongoing since 1907, and has involved more than 100 court cases around the world. As a result, Budweiser Budvar has the rights to the name Budweiser in most of Europe and Anheuser Busch InBev has this right in North America. Consequently, AB InBev uses the name "Bud" in most of Europe and Budvar sells its beer in North America under the name "Czechvar". In other territories, one or the other or even both may use the name, depending on local trademark law.

Beer brewing in the city of České Budějovice (Budweis), which was then in the Kingdom of Bohemia and is now in the Czech Republic, dates back to the 13th century, when the city was granted brewing rights during the reign of Ottokar II of Bohemia. During the time when both Czech and German were official languages in the kingdom, two breweries were founded in the city. Both breweries made beer which they called "Budweiser", similar to how brewers in the city of Pilsen made a beer generically called Pilsner. The beer from Budweis began being exported to the United States in 1872–73 and then again beginning in 1933. In 1876, the American brewer Anheuser Busch began making a beer which they also called "Budweiser", motivated in part by a desire to "brew a beer similar in quality, color, flavor and taste to the beer then made at Budweis", according to Adolphus Busch. As of 2014, AB InBev had 150,000 employees globally and sold 400 million hectoliters of beer annually. Budweiser Budvar Brewery is a state owned brewery founded by Czech speaking citizens of Budweis and directly continued the tradition of beer brewing in Budweis, which dates back to the 13th century. However, after the fall of communism in Czechoslovakia, the government restored the company's rights in Czechoslovakia.

Anheuser Busch cites prior registration of the trademark in the United States, and more recently its ownership of Budweiser Bier Bürgerbräu, when making a claim to the mark. Anheuser Busch has also pointed to advertising campaigns where those predated any formal registration by either party, such as an extensive campaign in the 1930s in Italy that predated Budvar's 1940 registrations. The Budweis based companies have argued in turn that Budweiser is generic, or is a protected geographical indication that refers to beer made specifically in the city of Budweis. Where possible, Budvar's claims are supported by proof of prior use (as in Germany). In a case originating in Austria, the European Court of Justice ruled that simple indications (in this case "Bud") could not be prohibited if a more specific appellation was protected, therefore allowing AB InBev to sell "Bud" in Austria, but not "Budweiser".

Where AB InBev has lost cases, it markets its product as "Bud" (as in Italy) In 2013, AB InBev was granted an EU wide Community Trade Mark for the use of "Bud", after winning a related court case against Budvar. Where Budvar does not have rights, such as the United States, Canada, and Brazil, it uses the brand name Czechvar. In 2007, AB InBev signed a deal with Budvar to sell Budvar Budweiser under the name Czechvar in the United States. The partnership was terminated in January 2012, and in July of that year, United States Beverage began responsibility for the sales and marketing of Czechvar in the United States.