AB InBev has failed in a last ditch attempt to prevent Budejovicky Budvar from using the Budweiser trade mark in the UK.
The Supreme Court, which is the highest court in the country, turned down AB InBev’s request to appeal an earlier Court of Appeal decision, which had granted both Budejovicky Budvar and AB InBev the right to use the Budweiser trademark.
The two brewers have been fighting a legal battle over the Budweiser trademark for decades.
The court decided that because both had used the Budweiser brands concurrently for years, people understood the difference between the two. The fact that there may be some minor confusion was not judged a sufficient basis to cancel Budejovicky Budvar’s later trade mark registration.
“Legal reality now reflects factual reality in the marketplace. This fight has been going on for decades, which is the ironic thing about the matters,” said Lee Curtis, a trade mark lawyer at Harrison Goddard Foote.
“It seems the war in the UK at least is nearing an end, although no doubt the multitude of disputes across the globe between the two parties will probably continue given that they all depend on different facts.”