Complaint Budweiser is Tasteless

8/6/2019 Complaint Budweiser is Tasteless

http://slidepdf.com/reader/full/complaint-budweiser-is-tasteless 1/45

Case: 3:11-cv-00262-WHR Doc 1 Filed: 07/27/11 Page: 1 of 15 PAGEID 1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

ANHEUSER-BUSCH, INCORPORATED, CASE NO.: 11-262

Plaintiff,

v . JURY DEMANDED

INTERNATIONAL BROTHERHOOD

OF TEAMSTERS and TEAMSTERS

LOCAL UNION 957

Defendants.

VERIFIED COMPLAINT

Plaintiff Anheuser-Busch, Incorporated (“Anheuser-Busch”), for its Complaint against

Defendants International Brotherhood of Teamsters ("Teamsters International") and Teamsters

Local Union 957 ("Teamsters Local") (collectively, "Defendants"), states the following:

INTRODUCTION

1. This is an action at law and in equity for dilution and false advertising arising

under the Federal Trademark Act of 1946 (the “Lanham Act”), 15 U.S.C. 1051, et seq. as

well as deceptive trade practices Ohio Revised Code 4165.01, et seq.; and defamation

under the common law of the state ofOhio.

JURISDICTION AND VENUE

2. This Court has subject matter jurisdiction over Anheuser-Busch’s federal claims

pursuant to Section 39 of the Lanham Act, 15 U.S.C. 1121, and 28 U.S.C. 1331 and

1338. The Court has subject matter jurisdiction over Anheuser-Busch’s state statutory and

common law claims pursuant to 28 U.S.C. 1367.

SLC-6414228-1

1




3. This Court has jurisdiction over the Defendants by virtue of the fact that they are

conducting business in this judicial district.

4. Venue isproper

inthis Court pursuant

to 28 U.S.C. 1391.

THE PARTIES

5. Plaintiff Anheuser-Busch is a Missouri corporation with its principal offices at

One Busch Place, St . Louis, Missouri 63118.

6. Upon information and belief, Defendant Teamsters International is an association

doing business in the Southern District ofOhio with its principal place of business at 25

Louisiana Avenue NW, Washington, D.C. 20001.

7. Upon information and belief, Defendant Teamsters Local Union 957 is an

association doing business in and maintaining an office in the Southern District of Ohio with

its principal place of business at 2719 Armstrong Lane, Dayton, Ohio, 45414.

SLC-6414228-1

8. Upon information and belief, Defendant Teamsters Local Union 957 is affiliated

with Defendant Teamsters International.

9. Upon information and belief, Defendants represent drivers and warehouse

employees ofHeidelberg Distribution Company ("Heidelberg"), a beverage distributor in and

around Southwestern Ohio.

FACTS COMMON TO ALL CLAIMS FOR RELIEF

10. Anheuser-Busch holds nearly fifty percent of the U.S. beer market. The company

brews the world’s largest-selling beers, BUDWEISER and BUD LIGHT. Anheuser-Busch

2




has produced, marketed, distributed, and sold its universally famous BUDWEISER beer in

this country for over 100 years.

11. Sales of

productsin

connection withthe

Anheuser-Busch trademarks generate

billions of dollars in revenue for Anheuser-Busch. Anheuser-Busch has sold billions of

dollars worth ofBUDWEISER beer in the United States.

12. For the past five years, Anheuser-Busch has ranked at the top of the companies in

the beverage industry on Fortune magazine’s list of “America’s Most Admired Companies.”

13. After great expenditures of time, money and effort, Anheuser-Busch has

developedmany distinctive trademarks, designs, forms of advertisement, and slogans, which

it has used and continues to use in connection with its many products and business activities.

THE ANHEUSER-BUSCH MARKS

14. Anheuser-Busch is the owne r ofmany famous registered and common law

trademarks associated with the BUDWEISER brand. These marks include, among others:

the BUDWEISER word mark and the BUDWEISER Script Design. As described in detail

below, these marks are the subject of numerous federal registrations covering a wide range of

products.

15. Anheuser-Busch or its predecessors in interest have used the BUDWEISER word

mark continuously in this country since 1876. In addition to using the mark in connection

with beer, Anheuser-Busch has used the BUDWEISER word mark continuously in

connection with apparel and a wide range of promotional products since at least as early as

1938.

SLC-6414228-1

3




16. Anheuser-Busch owns a number of valid and subsisting United States Trademark

Registrations for the BUDWEISER mark, which cover a variety of products, including beer.

Anheuser-Busch’s BUDWEISER registrations include: Reg. No. 922,481; Reg. No.

952,277; Reg. No. 1,402,016; Reg. No. 1,443, 856; Reg. No. 1, 568,251; Reg. No. 2,506,291

and Reg. No. 2, 627,994. True and correct copies of the Certificates ofRegistration

corresponding to the aforementioned registrations are attached collectively as Exhibit A.

17. In addition, United States Trademark Reg. No. 922,481; Reg. No. 952,277; Reg.

No. 1,402,016; Reg. No. 1,443,856; Reg. No. 1, 568,251 and Reg. No. 2,506,291 for the

BUDWEISER word mark are incontestable pursuant to Sections 15 and 33(b) of the Lanham

Act, 15 U.S.C. §§1065, 1115(b).

18 . Anheuser-Busch owns a number of valid and subsisting United States Trademark

Registrations for the BUDWEISER Script Design, which cover a variety ofproducts.

Anheuser-Busch’s BUDWEISER Script Design registrations include: United States

Trademark Reg. No. 2928032; Reg. No. 2963450 and Reg. No. 3182511. True and correct

copies of the Certificates ofRegistration corresponding to the aforementioned registrations

are attached collectively as Exhibit B.

19. In addition, United States Trademark Reg. No. 2928032 and Reg. No. 2963450

for the BUDWEISER Script Design are incontestable pursuant to Sections 15 and 33(b) of

the Lanham Act, 15 U.S.C. §§1065, 1115(b).

SLC-6414228-1

20. For purposes of this Complaint, Anheuser-Busch’s registered trademarks are

referred to collectively as the “Anheuser-Busch Marks.”

4




21. Anheuser-Busch has engaged in the marketing, distribution and sale of products

depicting the Anheuser-Busch Marks since long prior to the acts complained of herein and

Anheuser-Busch is the owner of exclusive trademark rights therein. The Anheuser-Busch

Marks have been and are used by Anheuser-Busch to market its products and services on

television, radio, billboards, internet and printed advertisements, and through the sale and

distribution ofmany products. Anheuser-Busch has spent billions of dollars in marketing

and promoting its BUDWEISER beer in the United States.

22. The Anheuser-Busch Marks and the goodwill of the business associated with

them in the United States are of great and incalculable value to Anheuser-Busch, are highly

distinctive, and have become universally associated in the public mind with products and

services of the very highest quality and reputation, with Anheuser-Busch as their source.

23. Each of the Anheuser-Busch Marks is inherently distinctive and is uniquely

associated with Anheuser-Busch and its products in the minds of consumers throughout the

United States and Ohio.

24. Anheuser-Busch’s trademarks are famous and well-known, as numerous courts

have confirmed. See Anheuser-Busch, Inc. v. VIP Prods., LLC, 666 F.Supp.2d 974, 987 (E.D.

Mo. 2008) (concluding “it is undisputed that the ‘Budweiser’ mark is famous”); Anheuser-

Busch, Inc. v. Andy’s Sportswear, Inc., No. C-96-2783, 1996 WL 657219 at *1 (N.D. Cal.

1996) (finding "that [Anheuser-Busch’s] marks are unquestionably famous, as defendant

appears to concede.”).

SLC-6414228-1

5




DEFENDANTS’ CONDUCT

25. Upon information and belief, Heidelberg is a distributor of beverage products

thathas

locationsinOhio, including

theDayton

area..

26. Heidelberg distributes numerous products from various companies, including but

no t limited to Samuel Adams, Sierra Nevada, Labatt's, Guinness, Barefoot, Freixenet, Jack

Daniels, Kendall Jackson, Little Penguin, Riunite, Santa Margherita, Seagram's, Smoking

Loon, St . Francis, Ste. Michelle, Woodbridge, Blackstone, Beringer, Franzia, Fetzer,

Genesee, Kahlua, Lindeman's, Malibu, Sutter Home, Mike's Hard Lemonade, Monster and

numerous other beverage products. Heidelberg is no t an exclusive distributor ofAnheuser-

Busch products

Heidelberg.

SLC-6414228-1

27. Anheuser-Busch does no t own or control Heidelberg.

28. Upon information and belief, Defendants are currently in an ongoing contract

negotiation with Heidelberg.

29. Anheuser-Busch is no t a party to any negotiations between Defendants and

30. Anheuser-Busch has no control ofHeidelberg's labor relations policy.

31. On

July 22, 2011,Defendants caused advertisements to be

displayedon two

digital billboards in the Dayton area. The advertisements prominently display the Anheuser-

Busch Marks, including the BUDWEISER word mark and the BUDWEISER Script Design.

See Exhibit C, Declaration of Elizabeth M. O' Connor and Exhibits C 1 and C2 thereto.

6




32. The digital billboard advertisement reads: “Tell Budweiser Heidelberg’s

Destruction ofOhio Jobs is Tasteless.” The advertisement displays the word “Budweiser” in

a stylized form that is an imitation of the registered BUDWEISER Script Design trademark.

The words “Budweiser” and “is Tasteless” are larger than all other text on the advertisement,

and are moreover set off in bold red font. The statement made by Defendants in the

advertisement is false, false by necessary implication, and disparaging.

33. Among other false messages, the words and images ofDefendants’ billboard

(when considered in context) indicate to consumers of BUDWEISER products the false

message that BUDWEISER beer and/or Anheuser-Busch is responsible for and involved

with a labor dispute with the Teamsters in Ohio, and that Anheuser-Busch is responsible for

the “destruction ofOhio jobs.” Such statements are false, false by necessary implication, and

disparaging ofAnheuser-Busch and its products..

34. The digital billboard advertisement also includes a depiction ofbroken glass. See

id. This again implies and suggests that BUDWEISER beer could be unsafe or harmful to

consumers.

SLC-6414228-1

35. The digital billboard includes a statement that indicates that it was paid for by the

Defendant International Teamsters. See id.

36. The digital billboards are located at the Dryden Road exit off of Interstate 75

(Exit 50A), near downtown Dayton, Ohio. The two digital billboards are supported in back-

to-back relationship on a single pole, with one of the digital billboards oriented to face and be

viewable by southbound traffic on Interstate 75, and the other billboard oriented to face and

be viewable by northbound traffic on Interstate 75. See Exhibit C, 3-4.

7




37. Interstate 75 is a major, heavily-traveled north-south Interstate Highway that

connects the Great Lakes and Southeastern regions of the United States. See Exhibit C, ¶6.

38.

Accordingto a

pressrelease issued

by DefendantTeamsters

Local957on

July

22, 2011, Defendants plan to place additional billboards around Dayton within the next two

weeks. A true and correct copy of the press release issued on July 22, 2011, is attached

hereto as Exhibit D.

39. Defendants are using the Anheuser-Busch Marks in commerce in connection

with

advertisingin order to advance their business and economic interests,

including (butnot

limited to) efforts to obtain contractual benefits for their members. The false, misleading and

disparaging statements by Defendants are intended to diminish the positive associations

Anheuser-Busch has developed with consumers of its products.

40. These false, misleading and disparaging statements on the billboard are made for

the purpose of, and may have the effect of, influencing sales of goods in the marketplace,

namely, diverting sales ofBUDWEISER branded products to the sale of products sold by

other manufacturers under different brands.

41. Defendants are not subsidiaries, affiliates, licensees or related companies of

Anheuser-Busch, and Anheuser-Busch has no t authorized or licensed Defendants to advertise

or in any way make us e of the Anheuser-Busch Marks, or any reproductions, copies or

colorable imitations thereof.

SLC-6414228-1

8




42. Defendants’ use of the Anheuser-Busch Marks has caused and, unless enjoined

by this Court, will continue to cause a dilution of the distinctive character of the Anheuser-

Busch Marks.

43. As a result, Anheuser-Busch has suffered, and will continue to suffer irreparable

injury to and dissipation of its reputation and goodwill for which Anheuser-Busch has no

adequate remedy at law.

paragraphs as if set forth in full herein.

FIRST CLAIM FOR RELIEF

Federal Dilution

(15 U.S.C. 1125(c))

44. Anheuser-Busch repeats and incorporates the allegations set forth in all preceding

45. Anheuser-Busch has extensively and continuously promoted and used the

Anheuser-Busch Marks both in the United States and throughout the world, and those marks

have become distinctive, famous, and well-known symbols of the Anheuser-Busch's goods

and services well before Defendants’ actions complained of in this Complaint.

SLC-6414228-1

46. Defendants used the Anheuser-Busch Marks in commerce after the marks

became famous.

47. Defendants’ unauthorized use of the Anheuser-Busch Marks dilutes and is likely

to dilute the distinctiveness of these marks by eroding the public’s exclusive identification of

these famous marks with Anheuser-Busch, tarnishing and degrading the positive associations

and reputation of the marks, and otherwise lessening the capacity of the marks to identify and

distinguish Anheuser-Busch’s goods and services.

9





paragraphs as if set forth in full herein. This claim is a substantial and related claim to

Anheuser-Busch’s federal claims.

56. Defendants have made false and defamatory statements concerning Anheuser-

Busch and its products on the digital billboard.

57. Defendants negligently or willfully published the false and defamatory

statements concerning Anheuser-Busch and its products on the display of a digital billboard

advertisements.

58. Defendants acted with malice in taking the actions complained of herein, and had

knowledge of the false and misleading nature of the statements made about Anheuser-Busch

and its products as pled herein.

SLC-6414228-1

59. Defendants’ actions and statements reflect upon the character ofAnheuser-Busch

and its products and cause injury to Anheuser-Busch in its trade.

60. Defendants’ actions constitute defamation per se .

61. Because ofDefendants’ defamatory actions, Anheuser-Busch is entitled to

damages and injunctive relief.

FOURTH CLAIM FOR RELIEF

Deceptive Trade Practices

(Ohio Revised Code 4165.01 et seq.)

11





paragraphs as if set forth in full herein. This claim is a substantial and related claim to

Anheuser-Busch’s federal claims.

63. In their digital billboard advertisements, Defendants have made statements which

are false and misleading.

64. Upon information and belief, Defendants’ false statements in connection with

their digital billboard advertisements have deceived or have the tendency to deceive a

substantial segment of Anheuser-Busch’s target audience and

potentialconsumers.

65. Defendants’ false statements in connection with their digital billboard

advertisements are material in that they are likely to influence a purchasing decision

concerning Anheuser-Busch’s products.

66. As a result ofDefendants’ false statements in connection with its digital billboard

advertisements Anheuser-Busch has been injured and will continue to suffer injuries.

Anheuser-Busch is, therefore, entitled to injunctive relief, damages and costs, as well as, if

appropriate, enhanced damages and reasonable attorneys’ fees.

PRAYER FOR RELIEF

WHEREFORE, Anheuser-Busch prays that:

1. Defendants and all their agents, officers, employees, representatives, successors,

assigns, attorneys, and all other persons acting for, with, by, through, or under authority from

SLC-6414228-1

12




Defendants, or in concert or participation with Defendants, and each of them, be enjoined

preliminarily and permanently, from:

SLC-6414228-1

(a) usingthe

Anheuser-BuschMarks or

engagingin

any actions whichare

likelyto

dilute or tarnish the distinctive quality of the Anheuser-Busch Marks or to

publishing any false, defamatory or misleading statements concerning Anheuser-

Busch's products, or otherwise cause injury to Anheuser-Busch’s business

reputation, including but no t limited to, displaying the billboard advertisements

depicted in Exhibits C 1 and C2 to the Declaration of Elizabeth M. O'Connor;

(b) otherwise using the Anheuser-Busch Marks or unfairly competing with Anheuser-

Busch in any manner whatsoever.

2. Anheuser-Busch be awarded all damages caused by the acts forming the basis of

this Complaint;

3. Based on Defendants’ knowing and intentional us e of the Anheuser-Busch Marks,

the damages award be trebled and the award ofDefendants’ profits be enhanced as provided

for by 15 U.S.C. 1117(a);

4. Defendants be required to pay to Anheuser-Busch the costs of this action and its

reasonable attorneys’ fees pursuant to 15 U.S.C. 1117(a) and the state statutes cited in this

Complaint;

5. Based on Defendants’ willful and deliberate infringement and dilution of the

Anheuser-Busch Marks, and to deter such conduct in the future, Anheuser-Busch be awarded

punitive damages; and

13




just.

SLC-6414228-1

6. Anheuser-Busch be awarded such other and further relief as the Court may deem

DATED: _July 27 , 2011

Respectfully submitted,

PORTERWRIGHT MORRIS & ARTHUR LLP

/s/ James D. Liles

James D. Liles (0005547)

250 East Fifth Street, Suite 2200Cincinnati, OH 34202-5118

Telephone: 513 -3 69-4209

Fax: 513-421-0991

Email: [email protected]

HUSCH BLACKWELL LLP

Gary A. Pierson190 Carondelet Plaza, Suite 600

St. Louis. MO 63105

Telephone: 314-480-1500Fax: 314-480-1505

Email: [email protected]

Attorneys forPlaintiffAnheuser-Busch,

Incorporated

14




VERIFICATION

I, Robert McCarthy, being first duly sworn, state:

I am the Vice President, Budweiser of Anheuser-Busch, Incorporated, the

Plaintiff in the above-mentioned action. I have read the foregoing VERIFIED

COMPLAINT and know the contents thereof; the same is true of my own knowledge

except as to matters therein stated on information and belief and as to those matters I

believe them to be true.

Executed at St. Louis, Missouri on July 26, 2011.

-ObertacCarthy

STATE OF MISSOURI

SS

CITY OF ST. LOUIS

On this 26th day of July, 2011, before me personally appeared Robert

McCarthy, to me known to be the person described in and who executed the foregoing

instrument, and acknowledged that he executed the same as his free act and deed.

4. 7 /11, J.

I

Notary/PublicCindyt. McKeehan

--6.6.6.6.00&-&-4-4-4

CINDY L. McKEEHANI

Notary Public- Notani Sealr

I STATE OF MISSOURI ,SI, LouisCounty,

My Commisskn Expires: July 6, 2013 r

Commhtaion ifs 09 ,4494.0lt

SLC-6414561-1



Case: 3:11-cv-00262-WHR Doc 1-1 Filed: 07/27/11 Page: 1 of 19 PAGEID 16

Exhibit A

Anheuser-Busch, Incorporated v. International Brotherhood of Teamsters and Teamsters Local Union 957

SLC-6414851-I



II .1 IAN tAJILIICIii I 1.11'11•111.111411..;1.11:1, 711'1'1;11111;J.I7111111E1.1111.11-1:1111-.;111111'ale861111111.1111 I I

71•7.111111111111=11111Mallumillri111R111111111111111=1111101LIMIMIQUIMMIIIIMIRIMIIIIILIIIIIMIIMIIIIIIIIMMEUM111 11111:11^11aLIMI IlliiII117111111111n11111511010LOWfililnil 111111111WIZI11174.


1715520

TOJAZTVROAVELQ1VIIRRESELsliM %QM...Kg;

UNITED STATES DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

August 20,2008

11DLE ATTACHED U.S. TRADEMMUC REGISTRATION 922,481 IS

CERTIFIED TO BE A TRUE COPY WHICH IS IN FULL FORCE AND

EFFECT WITH NOTATIONS OF ALL STATUTORY ACTIONS TAKEN

THEREON AS DISCLOSED BY IR E RECORDS OF THE INITED STATES

PATENT AND TRADEMARK OFFICE.

2nd RENEWAL FOR A TERM OF 10 YEARS PROM October 19, 2001

REGISTERED FOR A TERM OF 20 YEARS FROM October 19, 1971

SECTION 8 & 15

SAM RECORDS SHOW TITLE TO BE IN:

Registrant

By Authority of the

Under Secretary of Commerce for Intellectual Propertyand Director of the United States Patent and Trademark Office

04 ")974/7714,1"LANAI JAMISON

Certifying Officer

-i-it.:,,4, '4- f---:------- "r,41,p1.

Y-', =7 g --M-':.:•.-‘51.3Vikz:: 'ee, '.4.:'

--4,a




Malted States Patent Office 922,481

Registered Oct. 19, 1971

PRINCIPAL REGISTER

Trademark

Ser. No. 374,478, filed Oct. _28, 1970

BUDWEISER

Anheuser-Busch, Incorporated (Missouri corporation) For: BEER, in CLASS 48 (INT. CL . 32).721 Pestalozzi St. First us e January 1876; in commerce January 1876.St. Louis, Mo. 63118 Owner of Reg. No. 13, 064 and others.

JOHN C. DEMOS, Examiner




Int. CL: 32

Prior U.S. Cl.: 48Reg. No. 922,481

United States Patent and Trademark Office Registered Oct. 19, 1971

10 Year Renewal Renewal Term Begins Oct. 19, 1991

TRADEMARK,PRINCIPAL REGISTER

BUDWEISER

ANHEUSER.-BUSCH, INCORPORATED FOR: BEER, IN CLASS 48 (INT. CL.

(MISSOURI CORPORATION) 32).ONE BUSCH PLACE

FIRST USE 1-0-1876; IN COMMERCEST. LOUIS, MO 63118 1-0-1876,

OWNER OF U.S. REG. NO. 13,064 AND SER. NO. 72-374,478, FILED 10-28-1970.OTHERS.

In testimony whereof .1 have hereunto set my hand

and caused -the seal of The Patent and Trademark

Office to be affixed on Aug. 6, 1991.

COMMISSIONER OF PATENTS AND TRADEMARKS



161.1111111111111.1ZiEllitlill uniatinantr.6.Eumn 18111111M11.-- atIrnitijitiVum

-Oat1111101111r Mrir.

ednintilIMIRMOIERIMMIU1111^1101111111111111KWIMEMBIMIIIIIMIMMIIMMIMULEIRM11111111117111111MUMIIIPMEJMIIIMILMIIMMIllallIIIII111111111111^111111


1715520

9gibAffilMilAVALIMEIIEMSKIDgESELSTA153 CyJMNI18



August 20, 2008

.r.I THE ATTACHED U.S. TRADEMARK REGISTRATION 952,277 IS

1 i `VEFFECT WITH NOTATIONS OF ALL STATUTORY ACTIONS TAKEN

CERTIFIED TO BE A TRUE COPY WHICH IS IN FULL FORCE AND

1,.rA" 4

TEIEREON AS DISCLOSED BY TIIE RECORDS OF THE TJNITED STATES

PATENT AND TRADEMARK 014110E.

`rc. El

4lfijl REGISTERED FOR A TERM OF 20 YEARS FROM January 30, 1973

10

IP2nd

RENEWAL FOR A TERM OF 10 YEARS FROM January 30, 2003

SECTION 8 & 15

LESS GOODS

SAID RECORDS SHOW TITLE TO BE IN :

I: ri6, i Registrant

By Authority of the


CYX7I4a1LANAI JAMISON

Certifying Officer

_---.2-;•-7:‘,4.

N-‘,,,41,41A,

1_,---0-...",Th-. ''''kt:,, --L.4AN?--,

Vr, t,

k___:i.7„:„.11.,..41...:„.1.....:,

..7./..:„,,i4.,..t,

0_.,,

tx..it,1%.,1,n-fmk›.4.._..

%•5..-,.---.7-7.y




United States Patent Office 952,277

Registered Jan. 30, 1973

PRINCIPAL REGISTER

Trademark

Ser. No. 906,443, filed Nov. 1, 1971

BUDWEISER

Anheuser-Busch, Incorporated (Missouri corporation) For: BEER *NE)--MAL—T---14W811-, in CLASS 48

721 Pestalozzi St. (INT. CL. 32).St. Louis, Mo. 63118 First us e January 1876; in commerce January 1876,

Dwner of Reg. Nos. 13, 064, '895)176, and others.

J. C. DEMOS, Examiner




0.—.00 ifit-4 g`g'

Int.al rt, ".r.1 VS •R W.

Tri t4Ei4 111 sq 4::r U.Siricti: 4 A fReg. No. 052,277

United Stnieliateiff.and:411dernwkOffice Registered Jon. 30, 1973

10 Vear Renewal Renewal Term Begin Jan. 40, 1993

TRADEMARKi. TRINCIFIAL REGISTER.

BUDWEISER

ANHEUSER-BUSH, INCORPORATED FOR: BEER [0,413.4,4ALT-1,4(448411, IM

(MISSOURI CORPORATION) CLASS 43 (INT. CL. 32).ONE BUSCHPLACE.

ST. LOUIS, MO 63118 FIRST use' 1-0-I376: IN COMMERCE

1-41-1876.OWNER OF US. REG. NOS. 13,064,

895, 176 AND OTHERS., SElt NO. 72-406,443, FILED 1 r-I-1971.

In testimony whereof I have hereunto set my handand caused the seal of The Patent and Trademark

Office to he affixed on Nov. 3, 7992.





AP-A,ulCI32

-4.‘pPrior

U.S. I.: ft4'Fg,h`Vo. 982,277.allf,United States Patent and Trii1 Bice Registered Jan. 30, 1973'

10 Year Renewal Renewal Tenn Begins Jun. 30, 1993

TRADEMARK

PRINCIPAL REGISTER

BUDWEISER

ANHEUSER-BUSCH, INCORPORATED FM BEER (AND MALT LIGUORI, IN

(MISSOURI CORPORATION) CLASS 48 (INT. CL, 32).ONE-BUSCH PLACE

FIRST USE 1-0-1876. IN COMMERCEST. LOUIS. MO 63118

1-0-1876.

OWNER OF U.S. REG. NOS. 13,1164, SER. NO.72-406,443. FILED 11-1-1971.895, 176 AND OTHERS.

In testimony. whereof 1 have hereunto set my hatuland caused the sea1 of The Patent 'and Trademark

Office to be affiied on Nov. 3, 1992.

COMMISSIONER OF PATENTS AND TRADEMARKS.




Int. CI.: 32

Prior U.S. Cl.: 48Reg. No. 952,277

United States Patent and Trademark Office Registered Jan. 30, 1973

10 Year Renewal Renewal Term Begins Jan. 30, 1993

SERVICE MARK

PRINCIPAL REGISTER

BUDWEISER

ANHEUSER-BUSCH, INCORPORATED FOR: BEER 14.144;14441, 914GR), IN

(MISSOURI CORPORATION) CLASS 48 (INT. CL. 32).

ONE BUSCH PLACEFIRST USE 1-0-1876; IN COMMERCE

ST. LOUIS, MO 63118 1-0-1876.

OWNER OF U.S. REG. NOS. 13 ,064, SER. NO, 72-406,443, FILED 11-1-1971.895.176 AND OTHERS.

In testimony whereof I have hereunto set my hand

and caused the seal of The Patent and Trademark

Office to be affixed on Nov. 3, 1992




WHULLIalhaMWaa,Md.WliblaraMMJIMMMIIWOMMWEILL ummemlummaJoim

"t2,

mum

3MW:=440-•

driatiff,, .mgmmumarmillmmiummmommmummumwmnimmummmummmmuumulnummw I 11 uginionimniminummniimrtudiiniuyippraiumpmgpi ututommum

1 1

111


1715520

maumumumf0-ummu0==InMn2i2

TO)A411-LUDWIOM(1111ESEIMEMSENE* csnugg



August 20, 2008

T kIL THE ATTACHED U.S. TRADEMARK REGISTRATION 1,402, 016 IS

1YitCERITFIED TO BE A TRUE COPY WHICH IS IN FULL FORCE AND


THEREON AS DISCLOSED BY THE RECORDS OF THE UNITED STAI'ES

A 0PATENT AND TRADEMARK OFFICE.

REGISTERED FOR A TERM OF 20 YEARS FROM July 22, 1986

1:1. 1st RENEWAL FOR A TERM OF 10 YEARS FROM July 22, 2006

4

SECTION 8 & 15

1: t. LESS GOODS

):}I SAID RECORDS SHOW TITLE TO BE IN :

Registrant

By Authority of the


t"(

itiV1131jzi -70

Certifying Officer

LANAI JAMISON1 3:SarlaVhAe.

r

Cti tikii, IA I




Int. Cl.: 9

Prior U.S. as.: 21 and 26Reg. No. 1,402,016

United States Patent and Trademark Office Registered July 22, 1986

TRADEMARKPRINCIPAL REGISTER

BUDWEISER

ANHEUSER-BUSCH, INCORPORATED (MIS- FIRST USE 0-0-1978; IN COMMERCE

SOURI CORPORATION) 0 0 1978,

ONE BUSCH PLACE OWNER OF U.S. REG. NOS. 13 ,064, 1, 372,700

ST. Lou Is, MO 63118 AND OTHERS.

SER. NO. 574,216, FILED 12-19-1985.

FOR: RADIOS, TELEPHONE RECEIVERS,

CAMERAS, AND SUNGLASSES, IN CLASS 9 JODY HALLER DRAKE, EXAMINING ATTOR-

(U.S. CLS. 21 AND 26). NEY



.1510.M.WicTIROA4—'..i l iTla, h111,515, 1.111-;J1:11101511, 11111111111^ Lann immunnumunua

5171flUn551 55-Thun InflIFIM1151511ATIPILMMUIll I 5^1100115111551115155:11 IJ 1, 51111115M111511,1511111111511110 750115111 nummummuniummumuttumo 15111t1M511

1.40gr,


1715520

AAIRMAVALOIVRITHE5JEI litIMEJSEN11, 3 WM.= ge2MDA



August 20, 2008

THE ATTACHED U.S. TRADEMARK REGISTRATION 1,443,856 IS

CERTEHIED TO BE A WISE COPY WHICH IS IN FULL FORCE AND


THEREON AS DISCLOSED BY THE RECORDS OF THE UNITED STATES


REGISTERED FOR A TERM OF 20 YEARS FROM June 23, 1987

1st RENEWAL FOR A TERM OF 10 YEARS FROM June 23, 2007

SECTION 8 & 15

LESS GOODS

SAM RECORDS SHOW TITLE TO BE IN:

Registrant

By Authority of the


(-AU* 7viA:49LANAI JAMISON

Certifying Officer

•':'-itic icvla wki

ele--—ir,&-F.,.---4, •4-4 11---11.,,•"4,

y,.rYAil,

ti-N-, $1,l -r4Rizt..z.v.,

c. C.,,3 Z.--Y_II.., 9:",r; .6.4-: 4'

":llnll'WediV L.-




Int. Cis.: 6, 16, 18, 20, 21, 24, 26 and 34

Prior U.S. Cis.: 2, 3, 8, 9, 13, 22, 23, 32, 37, 38, 40, 41, 42 and 50Reg. No. 1,443,856

United States Patent and Trademark Office Registered June 23, 1987

TRADEMARKPRINCTOAL REGISTER

BUDWEISER

ANHEUSER-BUSCH,. INCORPORATED (MIS- FOR: DRINKING VESSELS, BEER PAILS,SOURI CORPORATION) TRAYS, BOTTLE OPENERS, FLOWER HOLD-

ONE BUSCH PLACE -ERE, HEAT INSULATED. CONTAINERS FOR

ST. LOUIS, MO 63118 BEVERAGES, AND BEER CARRIERS AND

COOLERS, IN CLASS 21 (US. CLS. 2, 13 ANDFOR: KEY CHAINS, ORNAMENTAL 23).

BADGES MADE PRIMARILY QF METAL, *ND FIRST USE 070-1876; IN COMMERCEi•; IN 0-0-1876.

CLASS 6 (U.S. CLS. 13 AND 50). FOR: TOWELS, AND PENNANTS NOT OF.

FIRST USE 0-0-1945; IN COMMERCE PAPER; IN CLASS 24 (U.S. CLS. 42 AND 50),0-0-1945. FIRST USE 0-0-1904; IN COMMERCE

FOR: PLAYING CARDS, PENS, PENCILS, 044904.-wie-T-Frie-Bekre3s, PAPER NAPKINS, COAST- FOR: BELT BUCKLES, ORNAMENTAL PINS,ERS, -07R7EE-TIN6—e**138; NOTE PAPER,: G. G. a MbE'4 4 .4 *4 4

4 .

4 4 4

AND 'LACES, IN CLASS 26 (U.S. CL. 40).PAPER PENNANTS, IN CLASS 16 OS. CLS. 22,. FIRST USE 0-0-1938- IN COMMERCE37, 38 AND 50). 0-0-1938.

FIRST USE 0-0-1938; IN COMMERCEFOR: MATCHES, ASHTRAYS, AND LIGHT-

0-0-1938.

FOR: TOTE BAGS, BILLFOLDS AN-13 um_ ERS FOR SMOKERS; IN CLASS 34 (U.S. CLS. 8.

BRELLAS, IN CLASS 18 (U.S. CLS. 3 AND 41).AND9)..

FIRST USE 0-0-1938; IN COMMERCE FIRST USE 0-0-1938; IN COMMERCE

0-0-1938. 0-0-1938.FORE MIRRORS, PLAQUES,,NAME-BkBEILES, OWNER. OF U.S. REG: NOS. 13 ,064, 1, 402,016

a .7,: i, CABI- AND OTHERS.

NETS AND DAR STOOLS, -IN CLASS 20 (U.S.CLS. 13 , 32 AND 50). SER. NO. 631,414, FILED 11-20-1986.

FIRST USE 0-0-1904; 'IN COMMERCE

0-0-1904. ERNEST H. LAND, EXAMINING ATTORNEY



ittIMEHIII111111111011.1N8111111111ffill1110111i .1111111111111....M..111 I I IIMLOMIIIMLL.s111111.1.C1LATIMININIEMIIIMMOLLIMIIMPPITINITIIIIIMM113.1tLIV.=ThtliMITMOIIIM

11.9M17121371/.1nnii riaitinnummQpiinn. lummlanuamm r immourumnimmuunormor IH lamily 1.111111M1.11, H11.111, , 11M1111001111111Mtala=1111W11111-1111111;31n. - -WI


1715520

VNAMIN,11001391.9)1(WEIELSR BWEISXtifM WEIttbis,ecolfEr8



August20, 2008

THE ATTACEWD U.S. TRADEMARK REGISTRATION 1, 568,251 IS

CERTIFIED TO BE A TRUE COPY WHICH IS INT FULL FORCE AND




REGISTERED FOR A TERM OF 10 YEARS leROM November 28, 1989

1st RENEWAL FOR A TERM OF 10 YEARS FROM November 28, 1999

SECTION 8 & 15

SAID RECORDS SHOW TITLE TO BE INT:

Registrant

By Authority of the

Under Secretary of Commerce fo r Intellectual Propertyand Director of the United States Patent and Trademark Office

C70A 191142164MLANAI JAMISON

Certifying Officer

V.‘ '__:5,---A-t,-:.t-,,4.0.,,,,,




TRADEMARK

PRINCIPAL REGISTER

BUDWEISER

ANHEUSER-BUSCH, INCORPORATED (MIS- FIRST USE 0-0-1972; IN COMMERCE

SOURI CORPORATION) 0-0-1972.

ONE BUSCH PLACE OWNER OF U.S. REG. Na 1, 506,060 AND

ST. LOUIS, MO 63118 OTHERS.

SER. NO. 791, 937, FILED 4-7-4989.

FOR: CLOCKS AND WATCHES, IN CLASS 14

(U.S. CL. 27). JERI J. FICKES, EXAMINING ATTORNEY

Int. 14

Prior U.S. 27

Reg. No. 1,568,251United States Patent and Trademark Office Registered Nov. 28, 1989



11111011Mb II'VR t1iffl iI,thIiIHiilUIiWiiUiWU IIIIII11111.1111J1111t1311111UMIJOIRD11111.1111111aR1111.

\j)W3V:ar-<I 'Ian III 131111111111=11, 11^1111;1711t111111111111[110

PJLIIIME11111111MOWEIVIILMILIIILILI ummum.r.pzannutimonnillin

I10110-111HI I IM I l r


1715520

vo imavamulmanaaw 1§BEtig Writir,LL COML,1%



August 20, 2008

THE ATTACHED U.S. TRADEMARKREGISTRATION 2,506,291 IS

CERTIFIED TO BE A TRITE COPY WHICH IS IN FULL FORCE AND




REGISTERED FOR A TERM OF /0 YEARS FROM November 13, 2001

SECTION 8 & 15

SAID RECORDS SHOW TITLE TO BE IN:

Registrant

By Authority of the

Under Secretary of Commerce fo r Intellectual Propertyand Director of the United States Patent and Trademark Office

(}X 1.4-P1.L., -11A;

LANAI JAMISON

Certifying Officer* <40

'-t,

4-44

.1..,

'4.1,2, 4„„, 1,

4.-7,

-12:, ‘fpn'tilTic--4,l:•F' f-

.--.?(N_JR.w4i=',a, ,t.,if-011.7t„,-ZnikVIkiP,g,

el

..i.,

v,1, A-

-4"...".--yo:: 4




Int. Cl.: 28

Prior U.S. Cis.: 22, 23, 38 and 50Reg. No. 2,506,291

United States Patent and Trademark Office Registered Nov. 13, 2001

TRADEMARK

PRINCIPAL REGISTER

BUDWEISER

FOR: BOWLING BALLS, IN CLASS 28 (U.S. CLS.

22, 23, 38 AND SO).

ANHEUSER-BUSCH, INCORPORATED (MIS- FIRST USE 6-0-2000; IN COMMERCE 6-0-2000,

SOURI CORPORATION)ONE BUSCH PLACE

202-6

ST . LOUIS, MO 63118SER, NO. 76-146,902, FILRD 10-13-2000.

JASON ROTH, EXAMINING ATTORNEY



zagukarr,-4

29,FlefimmErathimun anummommommuummmmnumummanomurrimmunnuniummin m nurrimmuumminumm

IMIll01112111LIMIWIMBEIBUWILM OW um rr IwmibuflhijjfltoJw

mom p auimiummunlicontimminnmminnum


1715520

tabm-otrgtvr tomwmigA npia..ELszim



August 20, 2008

THE ATTACHED U.S. TRADEMARK REGISTRATION 2,627,994 IS

CERTIFIED TO BE A TRITE COPY OF THE,REGISIRATION ISSUED BY

THE UNITED STATES PATENT AND TRADEMARK OFF10E WHICH

REGISTRATION IS IN FULL FORCE ANI) EFFECT.

REGISTERED FOR A TERM OF 10 YEARS FROM October 01, 2002

SAID RECORDS SHOW ITILE TO BE IN : Registrant

By Authority of theUnder Secretary of Commerce fo r Intellectual Propertyand Director of the United States Patent and Trademark Office

0$7-4ett‘ 9147LANM JAMISON

Certifying Officer

i!Nf•--•"1•NY,

4Q--r-1),,




28

Prior U.S. Cls.: 22, 23, 38 and 50

Reg. No. 2,627,994United States Patent and Trademark Office Registered Oct. 1, 2002

TRADEMARKPRINCIPAL REGISTER

BUDWEISER

ANHEUSER-BUSCH, INCORPORATED (MIS- BISCUITS, BOWLING BALLS, BOWLING BAGS,SOURI CORPORATION) AND FISHING POLES, IN CLASS 28 (U.S. CM. 22,

ONE BUSCH PLACE 23, 38 AND 50).ST. LOUIS, MO 63118

FOR: POOL TABLES, POOL CUES, DARTS, DART FIRST USE 0-0-1989; IN COMMERCE 0-0-1989.

BOARDS, GOLF BAGS, GOLF CLUBS, GOLF CLUB

COVERS, GOLF TEES, GOLF BALLS, POOL CHALK OWNER OFUS . REG. NOS. 64, 125, 1,852,499 AND

CASES, GOLF BALL RETRIEVERS, POOL CUE OTHERS.

RACKS, ADULT COLLECTIBLE DIE-CASTTRUCKS AND CARS, PLAYING CARDS, HOCKEY

SER. NO. 76-295,433, FILED 8-3-2001.STICKS, HOCKEY PUCKS, TACKLE BOXES, GOLF

GLOVES, FISHING TOOLS, BALL MARKERS, DI-

VOT SETS, VOLLEYBALL NETS, BICYCLES, SKI SCOIT OSLICK, EXAMINING ATTORNEY




Exhibit B

Anheuser-Busch, Incorporated v. International Brotherhood of Teamsters and Teamsters Local Union 957

SLC-6414851-I




Int. Cl.: 20

Prior U.S. Gs.: 2, 13, 22, 25, 32 and 50

Reg. No. 2,928,032United States Patent and Trademark Office Registered Feb. 22, 2005

TRADEMARK

PRINCIPAL REGISTER

4ri11IIli-64:0' .7/

or.,,

ANHEUSER-BUSCH, INCORPORATED (MIS- OWNER OF U.S. REG. NOS. 1, 443,856 AND

SOURI CORPORATION) 2,540,485.ONE BUSCH PLACE

ST. LOUIS, MO 63118

SFOR: NON-METAL KEYCHAINS, IN CLASS 20

ER. NO. 78-440, 905, FILED 6-24-2004.

(U.S. CLS. 2, 13 , 22, 25, 32 AND 50).

FIRST USE 1-6-2003; IN COMMERCE 1-6-2003. ANN E. SAPPENFIELD, EXAMINING ATTORNEY




Int. Cl.: 21

Prior U.S. Cis.: 2, 13, 23, 29, 30, 33, 40 and 50Reg. No. 3,182,511

United States Patent and Trademark Office Registered Dec. 12, 2006

TRADEMARK

PRINCIPAL REGISTER

00;t_iitt, it4.) fto/ 7, i,,,,

ANHEUSER-BUSCH, INCORPORATED (MIS- FIRST USE 3-0-2002; IN COMMERCE 3-0-2002.SOURI CORPORATION)

ONE BUSCH PLACE

ST. LOUIS, MO 63118OWNER OF U.S. REG. NO, 1, 443,856.

FOR: DRINKING VESSELS, CAN COOLIES IN

THE NATURE OF THERMAL INSULATED WRAP

FOR CANS TO KEEP THE CONTENTS COLD; ICESER. NO, 78-440,927, FILED 6-24-2004.

BUCKETS; SERVING TRAYS NOT OF PRECIOUS

METAL; PITCHERS; PORTABLE COOLERS, IN

CLASS 21 (U.S. CLS. 2, 13, 23, 29, 30, 33, 40 AND 50). ANN E. SAPPENFIELD, EXAMINING ATTORNEY




Exhibit C




UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

ANHEUSER-BUSCH, INCORPORATED, CASE NO.

Plaintiff, JUDGE

v . JURY DEMANDED

INTERNATIONAL BROTHERHOOD

OF TEAMSTERS and TEAMSTERS

LOCAL UNION 957,

Defendants.

DECLARATION OF ELIZABETH M. O'CONNOR

I, Elizabeth M. O'Connor, declare that:

I am an individual over the age of 21. I have personal knowledge of the facts

stated herein and could testify competently thereto.

2. I am a paralegal in the law firm of Porter Wright Morris & Arthur LLP, one of the

law firms representing Anheuser-Busch, Inc. in this matter.

3. On July 26, 2011, I traveled to the Dryden Road exit off of Interstate 75 (Exit 50

A), near downtown Dayton, Ohio. I observed two digital billboards at this location that were

supported in back-to-back relationship by a single support pole. These digital billboards, which

are adjacent to and observable from Interstate 75, are depicted in the photographs ofExhibits Cl

and C2, attached to this Declaration.

4. The digital billboard shown in attached Exhibit Cl is oriented to face and be

viewable to northbound traffic traveling on Interstate 75, and the digital billboard shown in

attached Exhibit C2 is orientated to face and be viewable to southbound traffic traveling on

Interstate 75.

5. Exhibits Cl and C2 show content being displayed on the digital billboards

described above while I was observing these digital billboards on July 26, 2011.




6. Interstate 75 is a major heavily traveled north-south Interstate Highway that

connects the Great Lakes and Southeastern regions of the United States.

I declare under penalty of perjury under the laws of the United States of America that the

foregoing is true and correct.

Executed this 27" day of July, 2011.

ElizabiM. O'Connor




Cl2

t1J

W:410 K

co CD-11

42 Imo

1E S {40

4.

4111 ja.

I,

I.in

b-r-..•

i.L ;-V .-.-i-F.H7t--H-,7,111-__=!*+_

k 114

t in iI

1jr

1 II0

TIM i

l^CD

z p

le

OM ili^r4mri^ihgoAm... Vt



11111-7•EM

1M11.


v

i a4 ern imp

In CI,

vs

0 .CD

fil^,.

CI lifFe.--'

CD

i.:

IMO

4%

Vs

tsb4;i, „pinri‘ 1

II ^I'Ll II il. 1!

In

1M1 110

11

7.1— i Lr_I

_t Iiiim'll'-..ill.r!: I' I I r

s.

n'.:MI

Z

1117k4 MIMITi.

dm. 11, 5 i.PE p..

CDim l r

g

1.. m-.

er.




(DAYTON, Ohio) Teamsters Local Union 957 erectedPRESS CONTAC

two large electronic "Budweiser Distributor is Tasteless"

Varney Richmondbillboards in Dayton today to protest efforts [email protected]

Budweiser distributor Heidelberg Distribut ing to abandon937-604-3967

its obligation to provide retiree health care to loyal

longtime employees and to bully employees by violating

federal labor laws protecting workers.

The large roadside billboards read "Tell Budweiser: Heidelberg's Destruction of Ohio Jobs is

Tasteless." Even though Heidelberg recorded over $206 million in sales last year, the company

wants to walk away from its obligation to provide health care to retirees and force employees to

accept a substandard contract compared to Coke, Pepsi and Miller distributors in the area.

Heidelberg is also under investigation by the National Labor Relations Board for violating

federal laws protecting workers by attempting to bully and intimidate workers.

"We've made every effort to work with Budweiser's distributor to negotiate a fair contract that

positions the company as the premier distributor of Budweiser Beer in Ohio and meets the

standards set by its competitors, said Varney Richmond, President of Teamsters Local Union

957. "Unfortunately, the company seems to be more interested in bullying workers and

spending money on high-priced attorneys than negotiating a contract that provides a fair living

for hard working Budweiser delivery drivers and warehousemen."

The dispute could lead to a strike against Heidelberg that delivers to retailers a variety of beers

in the Dayton area—including Samuel Adams, Stella Artois and Mike's Hard Lemonade—along

with Budweiser.

"Budweiser and Heidelberg generate millions of dollars in profits every year, Richmond said.

"Both of these companies ca n afford to provide good jobs that support Ohio families."

Within the next two

weeks,the Local will

begin placingadditional billboards around

Daytonand

other areas.

The Teamsters Union was founded in 1903 and represents more than 1.4 million hardworking

men and women throughout the United States, Canada and Puerto Rico. For more information,

go to www.teamster.org.

ACTION ALERTS Email Address SIGN UP

Search

p

Rssr 11•^ MEMBERS INDUSTRIES BLOGWATCH TAKE

'BUDWEISER DISTRIBUTOR IS TASTELESS'

BILLBOARD HIT DAYTON

July 22, 2011

Budweiser Delivery Drivers Ask Ohio to Tell Budweiser: Heidelberg'sDestruction of Jobs is Tasteless

Complaint Budweiser is Tasteless

Documents

Transcript of Complaint Budweiser is Tasteless