Anheuser-Busch, the brewer of the famous American beers, Budweiser and Bud Light, is facing a trademark infringement lawsuit over its use of a Native American tribe’s slogan and logo. The Lumbee Native American Tribe out of North Carolina has sued Anheuser-Busch over its use of the tribe’s slogan, Heritage, Pride & Strength, as well as the related logo design. The tribe alleges that Anheuser-Busch began using the tribe’s logo in 2014, and began using the Heritage, Pride & Strength slogan in 2015.

In the complaint filed by the Lumbee Tribe, the tribe called the use of its logo and slogan “immoral, unethical, oppressive, and unscrupulous.” Upon learning of the lawsuit, Anheuser-Busch disclaimed any responsibility for the trademark infringement. Anheuser-Busch’s local distributor and co-defendant, R.A. Jeffreys Distributing Company, substantiated Anheuser-Busch's claims, confirming that they used the tribe's marks without the knowledge of Anheuser-Busch. The tribe’s logo and Heritage, Pride & Strength slogan were used to advertise Bud Light above beer coolers in convenience stores throughout parts of North Carolina. The lawsuit states that the banners are used “in a way that many members of the tribe find offensive because alcohol abuse is often associated with Native American culture.” Anheuser-Busch issued an apology to the tribe, stating that their wholesalers often implement local marketing efforts and that the material was removed after the issue was brought to the company’s attention.

Apologies may not be enough, however, as the complaint contends that the unauthorized use of the tribe's marks caused irreparable damage to the tribe. It remains unclear if the tribe intends to continue forward with the lawsuit following the removal of all the advertising materials. At a time when the use of Native American imagery is at the forefront of trademark disputes in the United States, with high profile examples like the dispute over the Washington Redskins’ name and logo, it appears that Anheuser-Busch is working diligently to resolve this conflict.

Sources: http://www.foxnews.com/leisure/2016/06/16/budweiser-sued-by-native-american-tribe-in-north-carolina-over-trademarked-logo/ http://www.bizjournals.com/triangle/news/2016/06/15/lumbee-tribe-of-n-c-sues-anheuser-busch.html

For more information on this topic, please visit our Trademark Litigation service page, which is part of our IP and Business Litigation practice.

Klemchuk LLP is an Intellectual Property (IP), Technology, Internet, and Business law firm located in Dallas, TX. The firm offers comprehensive legal services including litigation and enforcement of all forms of IP as well as registration and licensing of patents, trademarks, trade dress, and copyrights. The firm also provides a wide range of technology, Internet, e-commerce, and business services including business planning, formation, and financing, mergers and acquisitions, business litigation, data privacy, and domain name dispute resolution. Additional information about the trademark litigation law firm and its trademark litigation attorneys may be found at www.klemchuk.com.

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