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Patagonia suing Anheuser-Busch over new beer

By Abha Bhattarai, The Washington Post
Published: April 10, 2019, 7:02pm

Outdoor goods retailer Patagonia is suing beer maker Anheuser-Busch InBev over the name, logo and marketing of its Patagonia beer.

“In launching its Patagonia beer, [Anheuser-Busch] deliberately has attempted to take advantage of the hard-earned reputation that Patagonia has built over the last 40 years as a company dedicated to environmental conservation,” Patagonia said in the filing.

“Trademark infringement cases are very common, particularly with bigger brands because they’ve spent millions and millions of dollars developing good will with customers,” said Darren Klemchuk, managing partner at Klemchuk, a Dallas law firm that specializes in international property cases. “They want to be very protective of competitors getting too close and taking a free ride on that good will.”

Patagonia’s filing states that Anheuser-Busch promoted its new Patagonia beer by setting up booths made of reclaimed wood at Colorado ski resorts where Patagonia’s “ski apparel is widely used and universally recognized.” Sales workers at those booths wore black down jackets featuring the beer’s Patagonia logo, the lawsuit says, while passing out branded gear similar to the products that Patagonia sells “in the very towns where [Anheuser-Busch] has launched its beer.”

The question at hand, according to legal experts, is whether consumers were led to mistakenly believe that Patagonia was somehow connected to, or collaborating on, Anheuser-Busch’s Patagonia beer.

“The similar packaging design certainly adds to the confusion, as does a marketing strategy that’s about planting trees and being good to Mother Earth,” said Steven Weinberg, an intellectual property lawyer in California who focuses on branding and licensing. “Anheuser-Busch has a very tough job in defending itself in this lawsuit.”

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