EU Court of Justice Allows Concurrent Use of Budweiser Trademark in the UK

The European Union Court of Justice has determined that Anheuser-Busch and Czech competitor Budejovicky Budvar may both use the Budweiser trademark in the United Kingdom. Budejovicky Budvar v. Anheuser-Busch Inc., No. C-482/09 (ECJ Sept. 22, 2011). Emphasizing the exceptional circumstances of the case, the court found that because the companies used the marks in good faith for nearly 30 years and because U.K. consumers “are well aware of the difference between the beers of Budvar and those of Anheuser-Busch, since their tastes, prices and get-ups have always been different,” the company that owns the earlier trademark cannot “obtain the cancellation of an identical later trade mark designating identical goods.” The court relied on European law to decide the case and in so doing rejected an advocate general opinion that indicated the issue must be decided as a matter of national law. Information about a related decision appears in Issue 388 of this Update.