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Brewing giant hits trademark obstacle

Craft brewery may upend plans by Anheuser-Busch

The Columbian
Published: June 6, 2015, 12:00am

ST. LOUIS — Anheuser-Busch has hit a roadblock in its effort to trademark the phrase “Brewed the Hard Way” used in a Budweiser Super Bowl ad that pokes fun at craft beer drinkers, drawing backlash from some brewers and beer fans.

A-B, which has its U.S. headquarters in St. Louis, filed to trademark the phrase on Feb. 6, a few days after the ad aired on the Super Bowl on Feb. 1. The ad highlights Budweiser’s brewing process, saying it’s “proud to be a macro beer” and it’s “not brewed to be fussed over.”

“Let them sip their pumpkin peach ale,” the ad states. “We’ll be brewing us some golden suds.”

The ad was criticized on social media by those who pointed out that A-B has recently acquired several craft breweries.

A Missouri craft brewery, however, may stand in A-B’s trademark application. Martin City Brewing Co., a Kansas City-based brewery founded in 2011, filed a trademark application for the phrase “Hard Way IPA” a day before A-B’s application, on Feb. 5.

The craft brewery’s owners aren’t saying whether its new Hard Way IPA was inspired by Budweiser’s ad. Reached by phone Thursday, Matt Moore, one of Martin City’s owners, declined to comment. In an emailed statement, he and co-owner Chancie Adams said Martin City believes in “the true passion that goes into every craft brewer’s products.”

“While we have no particular issues with brewing at a macro scale, we do take issue with anyone or any corporation that tries to segment a part of the population which embodies the very nature of loving beer,” their statement continued. “It seems counterintuitive to segregate potential customers and pass judgment on their tastes. (Martin City) believes that every person has the right to love the beer of their choice, whether it be a sour ale, creamy stout, or even a light lager.”

Martin City’s application is for “actual use.” A-B’s is for “intent to use.”

The trademark office suspended A-B’s application May 13 while Martin City’s application proceeds, stating Martin City’s application “may present a bar to registration” of A-B’s trademark.

In an emailed statement, A-B said: “We filed a trademark application for the phrase shortly after the ad aired, and after researching and finding no other use of it or pending applications … we are evaluating the process and next steps.”

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