Seeing Double? Honest Concurrent Use Of The Budweiser Trademark

Two companies have been using the "Budweiser" brand in the UK for decades. Liane Bylett in our Commercial Disputes Team looks at the latest battle over the "Budweiser" trademark concerning the issue of honest concurrent use. This case is a good example of how delay in taking action in respect of an identical trademark can impact upon your ability to challenge the registration, particularly in circumstances where there is little evident likelihood of confusion. If two identical brands co-exist for a long period of time, with little or no impact on each other's business, then honest concurrent use may arise with both parties obtaining equal rights to use the mark. It is therefore very important to police your trademarks and IP to ensure that swift action can be taken. Background American company, Anheuser-Busch Inc (AB), and Czech company, Budejovicky Budvar Narodni (BB), have both sold beer in the UK under the name "Budweiser" since the 1970s. Perhaps unsurprisingly there has been a long-standing legal wrangle between the...