The Alamo Mission building in San Antonio, Texas, is central to state history and is said to be the most popular tourist destination in the Lone Star State. For many, the distinctive curved parapet is recognizable on its own, but the proper use of that image is the subject of ongoing trademark disputes. In 2011, the Texas General Land Office (“GLO”) took over custodianship of the Alamo from the Daughters of the Republic of Texas. In an effort to increase funds for preservation of the building, and to prevent excessive use by for-profit companies, the GLO sought and obtained trademark protection for THE ALAMO both alone and in combination with an image of the building’s outline.

For this reason, the GLO took notice when the Alamo Beer Company filed suit against Old 300 Brewing in the Western District of Texas and alleged, among other things, common law trademark infringement for its use of the Alamo silhouette. Filing its Motion to Intervene, the GLO alleged that the State of Texas held superior rights to the marks, and it appears United States District Judge Fred Biery agreed. In his April 30, 2015 Consent Order and Final Judgment, he wrote “[t]he State is the owner of the premises of THE ALAMO in downtown San Antonio. As the owner, the State also owns the image of THE ALAMO and the right to commercialize that image to whatever extent the State, as owner, decides to do so.”

The Alamo Beer Company, not deterred, has managed to retain the use of the Alamo outline by way of a licensing agreement with the state. In a press release, the GLO wrote “Alamo Brewing Company is the first commercial recipient of an official license to use the Alamo mark, for which they paid a substantial licensing fee.”

Cases such as this one point to the importance of conducting a thorough analysis of potential infringement claims prior to using a mark.

Source: http://tpr.org/post/federal-judge-upholds-alamo-trademark-glo-grants-license-alamo-beer

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