ECtHR on Trademark Protection

On January 11, the ECtHR held in Anheuser-Busch Inc. v. Portugal that there had been no violation of Article 1 of Protocol No. 1 (protection of property). The applicant, an American beer producer, had applied in 1981 to Portuguese authorities in order to register “Budweiser” as a trade mark. The mark “Budweiser Bier” had already been registered on behalf of a Czechoslovak company, but the applicant obtained a judicial order to set that registration aside. Relying on a 1986 bilateral treaty between Portugal and Czechoslovakia (now applicable in the Czech Republic), the Czech company challenged the decision with success before Portuguese courts. For more information see here.

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