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AG supports AB InBev's case in BUD appeal
In Case C-96/09 P Anheuser-Busch v Budějovický Budvar, currently proceeding before the Court of Justice of the European Union, Anheuser-Busch InBev's attempt to recover the European Union-wide trade mark BUD for beer should be re-examined, according to the Opinion of Advocate General Pedro Cruz Villalon, published today.
In December 2008 the General Court upheld Budvar’s challenge to the application to register BUD as a Community trade mark in a ruling which left the right to use the name “Bud” to be determined on a country-by-country basis. According to a spokesman for AB InBev,
“A positive decision from the Court of Justice would move Anheuser-Busch InBev one step closer to securing rights to either Budweiser or Bud throughout the EU".
In short, while AB Inbev owns national trade mark rights for Bud or Budweiser in 23 of the 27 EU countries. Budvar says it owns the rights because its beer comes from Ceske Budejovice, which is called Budweis in German.
Posted by: Blog Administrator @ 22.56Tags: CTMs,
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