Relatives of the late conservative activist Phyllis Schlafly on Monday lost their appeal to block a St. Louis, Missouri, craft brewery from trademarking the Schlafly name.
In a 3-0 decision, the U.S. Federal Circuit Court of Appeals ruled in favor of Saint Louis Brewery LLC, which was co-founded by Schlafly’s nephew Thomas Schlafly, and had applied in 2011 to trademark the Schlafly name.
Circuit Judge Pauline Newman said the name gained a ilebilir secondary meaning ”and anlam discernability and through the sale of the Schlafly brand, and that these names were put on sale.
The brewery began selling beer to the Schlafly logo in 1991, and between 2009 and 2014, sales reached 74.8 million boxes, bottles and draft.
Her son, Bruce Schlafly, Phyllis Schlafly and an orthopedic surgeon, claimed that Schlafly’s trademarks for beer could damage his reputation by associating them with alcohol.
Far East attorneys Andrew Schlafly, son of Phyllis Schlafly, in New Jersey, said his clients plan to appeal the US Supreme Court.
. It is unusual for a company to try to mark an important surname like this, ”said Andrew Schlafly in an interview. Üyor The law says that words that are amas primarily a surname amas are not trademarked.
The Saint Louis Brewery distributes Schlafly beer in more than a dozen US states and in Washington, D.C.
I It’s a great relief, “says Thomas Schlafly, who also heads the brewery. Hiç It has never occurred to my relatives who have no connection with the beer to face a routine trademark. “
The decision approved a August 2016 decision of the US Trademark Trial and Appeal Committee.
Phyllis Schlafly founded the conservative Eagle Forum and became a strong contender with abortion, Communism and the Equal Rights Amendment to the US Constitution.
He died in September 2016 at the age of 92. A trust in his name was changed to the plaintiff in the case.
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