'Bud' battle illustrates peril of geographic marks; Anheuser-Busch's Swiss setback may curb the use of place names to establish a brand's identity

Article Abstract:

Trademark rights are territorial, so the much-contested geographic Budweiser trademark is only applicable in the US, and adopting a geographic name as the focus of a global brand-identity campaign may redound to a company's disadvantage. Anheuser-Busch is achieving worldwide rights to the Budweiser trademark in a stepwise manner, but in Dec 1997 suffered a setback in Switzerland, where a trade tribunal ruled that the company had neither the right to use 'Budweiser' nor the abbreviated version 'Bud.' There is a renewed European interest in protecting such names, spurred by international treaties such as the Agreement on Trade-Related Aspects of Intellectual Property Rights.

Switzerland, Anheuser-Busch Companies Inc., BUD

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Don't tailor patent law for special interests

Article Abstract:

Several US legal practices may encourage some countries to join the European Community in criticism, and lead others to take up positions inimical to US interests. Problematic practices include the use of juries to decide complex technological patent issues, the lack of moral rights, claims of sovereign immunity regarding trademark infringement, and Sept 30, 1996 legislation forbidding enforcement of many patents on medical procedures. Some of these appear to violate international treaty obligations.

Political aspects, Intellectual property, Patent law, Medical innovations

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When marks offend... from the Redskins on back, decisions not to register marks morror the mores of the times

Article Abstract:

The influence of social customs on decisions whether or not to register trademarks is discussed. Section 2(a) of the Lanham Act forbids the registration of any immoral matter, and it is interesting from a historical standpoint to see which marks have come under 2(a). The 1970s marked the start of the public use of trademark law to express moral outrage.

United States

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