Texas Settles Alamo Trademark Suit with Beer Cos.

Texas has settled a trademark dispute with Alamo Beer Co. and Old 300 Brewing after the state intervened in Alamo Beer’s lawsuit alleging Old 300 infringed its trademarked Alamo silhouette. Alamo Beer Co. v. Old 300 Brewing, LLC, No. 14-285 (W.D. Tex., consent order entered April 28, 2015). According to court documents, the settlement establishes that Texas owns the premises of the Alamo in downtown San Antonio and “[a]s the owner, the State also owns the image of the Alamo and the right to commercialize that image to whatever extent the State, as owner, decides to do so. Such commercialization includes the right to use or license the use of the image on product labels.” The consent order further lists the state’s federally registered trademarks related to the Alamo, which it uses to sell products at the landmark’s gift shop. Under the final judgment, Alamo Beer and Old 300 are permanently enjoined from using their current logos, which display the Alamo’s silhouette, and Old 300 must cancel its federal trademark registration.

Issue 563