BUDEJOVICKY BUDVAR NATIONAL CORPORATION

 

 

Ever stood at the refrigerator in your local bottle shop and wondered why there are two beers called Budweiser?

A case fought in the Federal Court of Australia in 2002 was part of the onging legal wrangle between Anheuser-Busch, the American corporation, and Budvar, a legendary Czech Brewer, both of whom claim the right to use the name "Budweiser".

These proceedings concerned Budvar’s attempt to sell its beer in Australia using the brand name ‘Bud jovicky Budvar’.  Although the court found nothing wrong with Budvar using this brand name, it did restrain Budvar from using a label containing an English translation of its corporate name "Budweiser Budvar, National Corporation".

Although acknowledging that the word "Budweiser" could form a legitimate part of the translation of Budvar’s corporate name, the court decided that the use of the word "Budweiser" in Australia has a clear association with the "Budweiser" trade mark owned by Anheuser-Busch, and that therefore its use on Budvar labels could be seen as an indication that the two beers share a common origin.  In reality, Anheuser-Busch picked up on the name and adopted it, before Budvar applied for trademark protection.

This case may be of interest to anyone involved in importing goods from non-English speaking countries for sale in Australia. Before you decide to translate the name into English and put it on the label, make sure that no one else has registered it as a trade mark.  That said we believe there is a good case for allowing the sale of both brands under the same name provided it is clear on the label who the producer is.  

 

There is case precedent in the English High Court to support this point of view and in May of this year Budějovický Budvar defended its rights in South Korea - České Budějovice, 20 May 2004 – South Korea’s Supreme Court has recognised the right of Budějovický Budvar, n. p. to use the “Budějovický Budvar” trademark and the “Budweiser Budvar N.C.” company name on the grounds that these are not interchangeable with Anheuser-Busch’s ‘Budweiser’ and ‘Bud’ trademarks. The court thus finally rejected Anheuser-Busch’s unfair competition lawsuit.

 

 

HISTORY

 

Budjovicky Budvar was founded in 1895 by Czech privileged brewers - owners of local brewing rights and Czech businessmen, Český akciový pivovar was the direct predecessor of Budějovický Budvar.  The new brewery has therefore upheld a direct historical tradition of brewing in České Budějovice that dates back to the 13th century, when brewing started in the town.

 

Český akciový pivovar came out on top in fierce competition with the local German Burgess Brewery and two Schwarzenberg breweries in Třeboň and Protivín mainly thanks to the high quality and exceptional taste of its beer, which was appreciated as early as 1896 at the Industrial Exposition in Prague when it won its first medal to be followed by a gold medal in Stuttgart the following year.

 

WORLD RENOWN

 

The total output of Český akciový pivovar was 200,140 hectolitres in 1913 and its premium lager was famous just about all over the world. The company’s highly developed export activities helped it regain its feet again very quickly after the First World War.

 

The brewery underwent extensive modernization and conversion to the use of electricity in the period between the two world wars. It even built its own water power station. The first artesian well (196.7m deep) was drilled in 1922. Two more wells (300m deep) were added later. This way the brewery acquired a source of high quality water which still helps create the excellent taste of the original Budějovice lager.

 

The brewery steadily conquered markets on all continents from the 1920s. In line with this expansion, it registered the trademarks “Český budějovický granát” (Czech Budějovice Garnet), “Budweiser bier” and “Budbräu” (Budbrew). “Budvar” followed in 1930 and became a synonym of high quality. The brewery actually renamed itself the Budvar – Český akciový pivovar České Budějovice in 1936.

 

POST WAR YEARS

 

The brewery was under Nazi management during the Second World War and was nationalized soon after the war. Its tradition, valuable trademarks, and quality beer made Budějovický Budvar, n. p. a prime company for exports. The company experienced further development on both domestic and foreign markets after 1989 when the current management succeeded in almost tripling the brewery’s annual output to 1,213,000 hectolitres.

 

NEWS and CURRENT EVENTS

 

Budweiser Budvar elected cool brand leader - UK’s No1 Imported Czech Premium Lager Joins Kings of Cool. Budweiser Budvar has joined the ranks of the top 50 UK brands having been voted Cool BrandLeader by the Superbrands organisation. The latter is recognised as the independent arbiter on branding in 24 countries, besides the UK. Set up to promote what it calls “the discipline of branding” a big part of Superbrands’ devotional activities involve paying homage to exceptional brands.

Budweiser Budvar in jugs from February - In February 2004, Budějovický Budvar, n.p.launched new luxury beer jugs intended specifically for the Budweiser Budvar pale lager. Restaurant patrons will have their choice and drink from either 0.5 l or 0.33 l jugs.  The shape and workmanship of the jug, which features an add-on relief in the form of a shield and showing a letter B and an original shape of the handle, are protected by an industrial model. The jug is made of thick glass to ensure stable temperature of the lager it contains. The jug has no other elements that would mar the optics of the glass, and therefore the spark and typical golden colour of the Budweiser Budvar pale lager comes out distinctly through the glass.


Budweiser Budvar Beer of the Year again - The Budweiser Budvar premium pale lager is declared Beer of 2004 in the survey organised by the best-known trade magazine, Pivní kurýr; this award comes for the fifth time in a row and for the seventh time on the whole.

Czech Republic Links:
www.svetpiva.cz   www.pivson.cz   www.beers.cz
www.pivo.cz
spp.hyperlink.cz
www.pivety   www.volny.cz/pivari   www.beerresearch.cz
www.cspas.cz

International beer servers
www.beer.com   www.AllAboutBeer.com   www.BeerTrips.com    www.RateBeer.com    www.protzonbeer.com

CONTACTS

 

Budějovický Budvar, N. C.

Karoliny Světlé 4
370 21 České Budějovice
Telefon: +420 387 705 111
Fax: +420 387 311 135
E-mail: budweiser@original-budweiser.cz

 

SPONSORSHIP

A good corporate citizen

Budějovický Budvar sponsors a number of useful activities aimed at encouraging intellectual activity and promoting cultural knowledge in the community. It recognizes a responsibility for all those who are genuinely needy, especially in its home region of Southern Bohemia. Company sponsorship focuses on sports, the arts, health care, social welfare, and education.

 

 Sports

The company’s sportssponsorship concentrates primarily on ice hockey and cycling; volleyball is sponsored at a regional level.

Budějovický Budvar is the “Official Beer of Czech Hockey“. We are the official partner for the top-flight Czech Ice Hockey Extra League and for the Czech Republic ice hockey team.  We also support the Budvar Team cycling club in Tábor. We are the advertising partner for the Budvar MTB Cup and the Budvar Cyclo-Cross Cup.

 The arts

The company’s arts activities focus on collaboration with successful Czech culture projects. For example, we support tours by music groups, which in the past have included Lucie and Kabát. In Southern Bohemian, we support the Theatre of South Bohemia in České Budějovice.

 

Regional development

Besides sports and cultural activities in the region, Budějovický Budvar has been a long-term sponsor of České Budějovice Hospital and the Children in Need Centre, as well as dozens of other social and charity projects.

PRODUCTION

 

We use our own cultivated yeast culture (Saccharomyces cerevisiae subsp. uvarum),matured under the careful supervision of our brewers.  This is a key component of our beer’s delicious taste.  We use only top quality ingredients to produce our beer, and each is equally important for its unique taste.  Pure virgin spring water, which has waited almost 10,000 years to be freed from our 300-meter deep wells, lends our beer the  unmistakable delicious taste that you enjoy every time you drink.

 

These beers excel with its harmonious taste coming from a combination of top quality domestic ingredients and the age old experience of generations of brewers.  Budweiser Budvar employs the latest technologies while scrupulously observing traditional methods to preserve uniform high quality.  Unlike some beers rushed to the market, budvar matures its beers (“lagering”) for at least  90 days and up to 200 days for the Bud specialty beer.  They use only the best quality female cones of Saaz hops (Humulus lupulus) which, they claim makes their beer exceptional and unmistakable, gentle hop character.  The grain of a unique variety of Moravian barley (Hordeum vulgaris) is carefully selected to provide the beer's golden hue.

Budweiser Budvar Premium Lager

Budweiser Budvar Premium Lager

BUD Super Strong

 

 

Intellectual Property Law   FINDLAW.COM


Add FindLaw Content To Your Site - Terms & Conditions - Privacy - Jobs
What Others Say About FindLaw - About Us - Contact Us - FAQ - Feedback - Add URL

 

 

 

For more information please contact the Export department.

Export department
Budweiser Budvar, N.C.
Karoliny Světlé 4
370 21, České Budějovice
Czech Republic
Tel: +420 387 705 111
Fax: +420 387 311 135
E-mail: budvar@budvar.cz

Customers from the United Kingdom:

BUDWEISER BUDVAR UK LIMITED
Hamilton House
Mabledon Place
London WC1H 9BB, UK
tel:+44 (0) 20 7554 8810
fax:+44 (0) 20 7554 8811
sales:+44 (0) 20 7554 8112
e-mail: sales@budvaruk.com

Budweiser Budvar Importgesellschaft mbH
Anger 46
99084 Erfurt
tel.:0361-550 40-0
fax.:0361-550 40-55
e-mail: Budweiser.Budvar.Import@t-online.de

Budweiser Budvar d.o.o.
Folnegovićeva 10, ZAGREB
tel./Fax.:385 (01) 6055 525
             385 (01) 6055 526
Mobitel: 098/383 668
e-mail: budweiser@zg.htnet.hr

 

HOME

SITE  INDEX

DISTILLERS

CASES BREWING DISTRIBUTION ADVERTISING NEWS LINKS
Tel:  +44 (0 ) 7905 147709 (UK) CONTACT INFORMATION ©  B B C LTD  2004

B B C Ltd is a non-profit making concern.