AB InBev suffers Budweiser blow

The ongoing attempts by AB InBev to invalidate Czech rival Buedejovicky Budvar’s concurrent ownership of the “Budweiser” trademark have been undermined by the advocate general of the European Court of Justice, who advised the court rule in favour of the Eastern European brewer.

The development is the latest in a series of rulings dating back decades. In 2000, and in light of their long-established and equal co-existence in the UK market, the two breweries were given permission by the Court of Appeal to simultaneously register the "Budweiser" trade mark.

Five years later, however, Anheuser-Busch began legal action against Budvar Budweiser on the grounds that their application for the registration of the mark in the UK (1976) predates that of Budvar (1989).

The advocate general, however, has confirmed that there is no room for Anheuser-Busch’s argument in European law. The final judgment – on which the advocate general’s opinion is non-binding – is expected at a later date.

Ben McFarland, 28.02.2011