Meeting Point of Trade Mark and Geographical Indication: A Case Study of Budweiser Controversy

  • Shambhu Nath Mishra
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  • Shambhu Nath Mishra

    Ph.D. Research Scholar at Dr. Ram Manohar Lohia National Law University, India

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This research paper provides a concise overview of the complex legal landscape surrounding trademarks and geographical indications, with a specific focus on the Budweiser case law. Trademarks and geographical indications play pivotal roles in protecting the rights and interests of producers, consumers, and regional economies. The Budweiser case law serves as an illustrative example of the intricate legal challenges that arise in reconciling these two vital intellectual property concepts. Trademarks are fundamental to brand identity, offering exclusive rights to distinguish goods and services in the market. Geographical indications, on the other hand, safeguard products' origin-based qualities, fostering regional identity and economic growth. The Budweiser case involves a beer producer in Budweiserland, known for its unique brewing techniques and flavors. The producer registered "Budweiser" as a trademark, seeking to capitalize on its reputation. Local authorities and competing producers, however, argue that "Budweiser" should be protected as a geographical indication, representing the region's beer-making heritage. This research paper explores the legal questions raised by the Budweiser case law, such as the compatibility of trademarks and geographical indications and the potential for consumer confusion. It delves into the need for a balanced legal framework that respects both forms of intellectual property, preserving the commercial interests of producers while honoring the cultural and economic significance of geographical indications. The evolving legal landscape necessitates nuanced solutions to ensure the coexistence and fair protection of intellectual property concepts, fostering innovation, cultural preservation, and economic growth in a globalized world.


Research Paper


International Journal of Law Management and Humanities, Volume 6, Issue 5, Page 1090 - 1098


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