Anheuser-Busch Wins Trademark Case in Argentina

by T+B Blog Team on August 17, 2011

In a long-running trademark dispute, Anheuser-Busch won its case over Czech brewer Budweiser Budvar National Corporation in Argentina. A Federal Court of Appeals upheld the first instance’s decision in re: Budweiser Budvar National Corporation v. Anheuser-Busch, Incorporated, ending 12 years of litigation which began after the Czech brewery attempted to register the Budejovicky Budvar trademark in Argentina. Anheuser-Busch counterclaimed for cease of use of the Budweiser Budvar trademark.

Budweiser Budvar had filed trademark applications for Budejovicky Budvar in classes 16, 21, 25, and 32 in Argentina. Anheuser-Busch filed oppositions against the applications on the basis of its Budweiser and Bud trademarks, along with a preliminary injunction against Budweiser Budvar to stop usage of the trademark and the advertisement of Budweiser Budvar beer in Argentina until a final decision had been rendered. The injunction was granted and upheld on appeal in 2002.

After a lengthy trial, the court of first instance ruled that Anheuser-Busch’s oppositions were founded. On appeal, the Federal Court of Appeals shared the arguments of the first instance judge and concluded that Budweiser Budvar’s applications for Budejovicky Budvar could not coexist with the Budweiser and Bud trademarks.

If you want to read more details on the case, check out Lexology.

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