Thursday, November 29, 2018

CAFC ok's trademark “SCHLAFLY” for beer

Note the trademark case related to the estate of the late Phyllis Schlafly :

The Saint Louis Brewery (“SLB”) is a craft brewery
that was founded in 1989 by Thomas Schlafly and Daniel
Kopman in St. Louis, Missouri. The brewery began
selling beer with the SCHLAFLY logo in 1991, and asserts
that it “has continuously sold beer under its
SCHLAFLY trademark” ever since. Appellee’s Br. 2. In
2011 SLB applied for trademark registration for the word
mark “SCHLAFLY” for use with various types of beer.
The application drew opposition from two relatives of
Thomas Schlafly (“the Opposers”): Phyllis Schlafly,
Thomas’s aunt, and Bruce Schlafly. The Trademark Trial
and Appeal Board (“TTAB” or “the Board”) denied the
The Opposers appeal, arguing that the TTAB did not
recognize that the mark was “primarily merely a surname,”
and that the TTAB improperly accepted that the
mark has acquired secondary meaning although the
applicant did not provide survey evidence. The Opposers
also claim violation of their First Amendment, Fifth
Amendment, and Due Process rights and protections.
We conclude that the mark “SCHLAFLY” for beer
meets the requirements for registration, and affirm the
decision of the TTAB.


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