After a seven-year dispute, the courts deny appeal by Phyllis Schlafly and her children to block the St. Louis-based craft brewery from using the Schlafly name
(ST. LOUIS, MO ; November 27, 2018)—Schlafly Beer, the largest American-owned brewery in Missouri, announces today the confirmation from the United States Court of Appeals for the Federal Circuit that the mark “Schlafly” for beer meets the requirements for registration as a trademark.
The Saint Louis Brewery™, brewer of Schlafly Beer, filed for the trademark registration in 2011. The application was met with opposition by conservative activist Phyllis Schlafly, who is now deceased, and two of her sons. The loss of their appeal to block the use of the trademark for the Schlafly name brings the St. Louis-based brewery one step closer to ending the seven year dispute between Schlafly Beer, co-founded by Tom Schlafly, and his relatives. Phyllis Schlafly was Tom’s aunt.
In 2016, the Trademark Trial and Appeal Board (TTAB) denied challenges by Phyllis and her sons to the Saint Louis Brewery using the Schlafly name as a trademark for beer. The TTAB’s ruling permitted The Saint Louis Brewery™ to register the Schlafly mark on the basis of “acquired distinctiveness.” The TTAB relied on the Saint Louis Brewery’s long and continuous use of the “Schlafly” mark, the geographic scope of its use of the mark, the variety of products with the mark in commerce, the prominent placement of the mark on The Saint Louis Brewery™’s products, the large sales volume of Schlafly Beer and the awards won by Schlafly Beer.
The Court of Appeals ruling affirming the decision by the TTAB confirms that the mark “Schlafly” for beer meets the requirements for a trademark registration. The decision unequivocally confirms that Schlafly Beer has built a name for itself as a trusted brand for the beer consumer for over 27 years.
As the pioneer for craft beer in St. Louis, Schlafly Beer will celebrate its 27th anniversary on December 26 of this year. Tom Schlafly explains, “Since we began selling beer in 1991, the Schlafly name has been our connection to our consumers. The trademark allows us to ensure that the trusted product is protected for years to come. It also allows our talented team to continue efforts in brewing innovations, sustainability and community involvement.”
Schlafly Beer sells over sixty types of beer with the Schlafly mark in fourteen states and the District of Columbia, through thirty wholesalers, 14,000 retail locations and several national restaurant chains. The Schlafly mark has been featured in radio, print publications, billboards, social media and at over 500 events, including Schlafly Beer’s signature events at its brewpubs such as Schlafly’s Stout & Oyster Festival and Schlafly’s HOP in the City.
“We are here today due to the support of our local St. Louis community. The trademark ensures that our loyal customers know that when they buy Schlafly Beer, they are purchasing the quality product that they’ve come to appreciate over the last 27 years,” Tom Schlafly states in closing.
About Schlafly Beer: Schlafly Beer, Missouri’s largest locally-owned, independent craft brewery, proudly offers over 60 unique styles of beer. Each is handmade at the Tap Room in Midtown St. Louis or Schlafly Bottleworks in Maplewood. Utilizing 102 hop varietals, 77 malts and grains, 59 different spices and fruits and 10 separate yeast strains from around the globe, Schlafly also works with local suppliers for everything from farm-fresh food to packaging and labeling. As part of its commitment to sustainability, Schlafly donates spent grain to local farmers to feed their livestock and utilizes 100% renewable energy throughout its operations. The largest Missouri-owned-and-operated beer maker offers free tours of the Tap Room (2100 Locust Street) every Sunday from 12:30 p.m. to 4:30 p.m. on the hour and Schlafly Bottleworks (7260 Southwest Avenue) from noon to 5 p.m. every half hour on Fridays, Saturdays and Sundays. The brand continues to define craft across 14 states and throughout countless fine establishments, backyards and basement bars. Join us at either of our locations and on Facebook, Instagram, and Twitter. For a full listing of seasonal and year-round beers and for information on distribution, visit Schlafly.com.
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