Legal Opinion · Dissent

Anheuser-Busch Incorporated v. The Stroh Brewery Company

Court of Appeals for the Eighth Circuit

Decided December 5, 1984No. 84-1714Published

1DissentBright, Circuit Judge

In this case, a major beer brewer, Anheuser-Busch, invokes federal jurisdiction seeking trademark protection for its brand name “LA”. I would deny protection because its claim to the mark “LA” reflects a preemptive and anticompetitive intent to capture the emerging market for low alcoholic content beer by converting the initials of “low alcohol” (l.a.) into a trademark.

Counsel for Anheuser-Busch commented that this case is not complex. I agree. An artificial complexity arises only when pragmatic and flexible interpretations of the trademark laws become enmeshed in the rigid categorization of…

2Cases cited31 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Granny Goose Foods, Inc. v. Brotherhood of Teamsters & Auto Truck Drivers, Local No. 70Supreme Court of the United States · 1974
  3. Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
  4. Schmidt v. LessardSupreme Court of the United States · 1974
  5. James Burrough Limited and Kobrand Corporation v. Sign of the Beefeater, Inc., and Montgomery Ward & Co., IncorporatedCourt of Appeals for the Seventh Circuit · 1976

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