PRESS RELEASE
(ST. LOUIS; November 27, 2018)—Schlafly Beer, the largest American-owned brewery in Missouri, announces today the confirmation from the United States Court of Appeals for the Federal Circuit that the mark “Schlafly” for beer meets the requirements for registration as a trademark.
The Saint Louis Brewery™, brewer of Schlafly Beer, filed for the trademark registration in 2011. The application was met with opposition by conservative activist Phyllis Schlafly, who is now deceased, and two of her sons. The loss of their appeal to block the use of the trademark for the Schlafly name brings the St. Louis-based brewery one step closer to ending the seven year dispute between Schlafly Beer, co-founded by Tom Schlafly, and his relatives. Phyllis Schlafly was Tom’s aunt.
In 2016, the Trademark Trial and Appeal Board (TTAB) denied challenges by Phyllis and her sons to the Saint Louis Brewery using the Schlafly name as a trademark for beer. The TTAB’s ruling permitted The Saint Louis Brewery™ to register the Schlafly mark on the basis of “acquired distinctiveness.” The TTAB relied on the Saint Louis Brewery’s long and continuous use of the “Schlafly” mark, the geographic scope of its use of the mark, the variety of products with the mark in commerce, the prominent placement of the mark on The Saint Louis Brewery™’s products, the large sales volume of Schlafly Beer and the awards won by Schlafly Beer.
PRESS RELEASE