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5 September 2019TrademarksSaman Javed

Anheuser-Busch fails to dismiss Patagonia TM claims in beer lawsuit

A US court has denied Anheuser Busch’s (AB) motion to dismiss several of Patagonia’s claims against the brewery.

In a ruling on Tuesday, September 4, the US District Court for the Central District of California rejected AB’s argument that the court should dismiss Patagonia’s trademark dilution claim because its mark is not distinctive enough.

Patagonia filed a trademark infringement and dilution suit against the brewery in April, claiming that AB was infringing its trademark by selling a beer named ‘Patagonia Cerveza’.

It also said Patagonia Cerveza’s label features a mountain silhouette, which infringes its trademark.

In the latest ruling, the district court ruled that Patagonia could bring claims of trademark dilution because it had sufficiently shown that its Patagonia mark is famous and distinctive.

“In more than 40 years since Patagonia’s business started, the Patagonia brand and its logo have become among the most identifiable brands in the world,” Patagonia said.

AB had also sought to dismiss Patagonia’s claims which seek to cancel AB’s ‘Patagonia’ trademark, but this was also dismissed by the court.

In its original complaint, Patagonia said AB filed “false evidence” with the US Patent and Trademark office to support a trademark application for the word ‘Patagonia’ in relation to beer in 2012.

Additionally, it said the brewery also recently established the “fictitious business name” Patagonia Brewing Co.

The logo is “strikingly similar to Patagonia’s famous mountain silhouette logo that has appeared continuously for decades on millions of products,'' the original complaint said.

In a statement sent to WIPR  at the time, AB said that it believed the lawsuit was "meritless", and that the company would "vigorously defend" its trademark rights.

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10 April 2019   American clothing company Patagonia has accused the North American subsidiary of the world’s largest brewery of filing “false evidence” with the US Patent and Trademark Office in order to “unlawfully” obtain a mark for ‘Patagonia’ in relation to beer.