· 4/26/1989
G. Heileman Brewing Company, Inc., and Miller Brewing Company, Cross-Appellants v. Anheuser-Busch, Inc., Cross-Appellee
Citations
- 873 F.2d 985
- 10 U.S.P.Q. 2d (BNA) 1801
- 1989 U.S. App. LEXIS 5922
- 1989 WL 42575
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Anheuser-Busch did not establish that LA, which describes a characteristic that it shares with other beers of low alcoholic content produced by other brewers, was a protectible trademark
- noting that the plaintiff had consulted with an advertising agency to discuss its new brand name
- noting that “[t]here is a heavy burden on a trademark claimant to show an independent meaning of the initials apart from the descriptive words which are their source”
- noting that the plaintiff had “already expended many thousands of dollars for product development and the creation of a bottle label and can designs” in addition to “developing a market” for its product
- upholding district court’s conclusion that “prominent house mark ... [and] use of a prominent brand name ... dispelled any significant likelihood of confusion”
- \ 'A merely descriptive term specifically describes a characteristic or ingredient of the goods.' \
Source: CourtListener parenthetical corpus (CC0).
Judges: Cudahy, Kanne, Will
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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