Legal Opinion

Supreme International Corp. v. Anheuser-Busch, Inc.

District Court, S.D. Florida

Decided April 16, 1997No. 96-3670-CIVPublishedCited by 15 opinions

1Opinion of the Court

ORDER

EDWARD B. DAVIS, Chief Judge.

“Drink Bud Ice, but Beware the Penguins,” is the slogan for Anheuser-Buseh’s national television commercial campaign featuring the stubby aquatic fowl terrorizing humans for their Bud Ice beer. Perhaps the company should have heeded its own ads a bit more closely, given the underlying lawsuit arguing that use of the penguins represents trademark infringement, unfair competition and deceptive business practices.

Anheuser-Busch (“A-B”) moved on January 10, 1997, to dismiss the case, or in the alternative to stay proceedings, alleging that the lawsuit duplicates…

2Cases cited10 opinions

  1. Equal Employment Opportunity Commission v. University of Pennsylvania. Appeal of the Trustees of the University of PennsylvaniaCourt of Appeals for the Third Circuit · 1988
  2. Tempco Electric Heater Corporation v. Omega Engineering, Inc.Court of Appeals for the Seventh Circuit · 1987
  3. Genentech, Inc. v. Eli Lilly and Company, and the Regents of the University of CaliforniaCourt of Appeals for the Federal Circuit · 1993
  4. Northwest Airlines, Inc. v. American Airlines, Inc.Court of Appeals for the Eighth Circuit · 1993
  5. Mission Insurance Company v. Puritan Fashions CorporationCourt of Appeals for the Fifth Circuit · 1983

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3Cited by15 opinions

  1. Anheuser-Busch, Incorporated v. Supreme International CorporationCourt of Appeals for the Eighth Circuit · 1999
  2. Autonation, Inc. v. WhitlockDistrict Court, S.D. Florida · 2003
  3. Central States Industrial Supply, Inc. v. McCulloughDistrict Court, N.D. Iowa · 2002
  4. Kate Aspen, Inc. v. Fashioncraft-Excello, Inc.District Court, N.D. Georgia · 2005
  5. Anheuser-Busch v. Supreme Intl. Corp.Court of Appeals for the Eighth Circuit · 1999

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