Opinion goes against AB InBev in 'Budweiser' trade mark dispute

The advocate general of the European Court of Justice has advised that the court rule against the attempt of Anheuser-Busch (now AB InBev — maker of US Budweiser beer) to invalidate Czech rival Budejovický Budvar's concurrent trade mark for the 'Budweiser' name.

In 2000, the companies were given permission by the Court of Appeal to simultaneously register the 'Budweiser' trade mark, given their long-standing history of honest co-existence in the UK market.

However, in 2005, Anheuser-Busch started legal action to invalidate Budvar's 'Budweiser' mark on the grounds that their application for the registration of the mark in the UK (1976) predates Budvar's application (1989).

The advocate general's opinion on questions referred to the European Court of Justice (ECJ) by the Court of Appeal regarding the case sides with Budvar, affirms 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.

The dispute between the two brands has been live for decades, culminating in a number of different battles for the Budweiser name across different territories and legal systems.