• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Advertise
  • About Craft Brewing Business

Craft Brewing Business

Professional Insight, Unfiltered

Craft Brewing Business Craft Brewing Business
  • News
  • Business & Marketing
  • Packaging & Distribution
  • Equipment & Systems
  • Ingredients & Supplies
  • Webinars & White Papers
  • News
  • Business & Marketing
  • Ingredients & Supplies
  • Packaging & Distribution
  • Equipment
  • Webinars & White Papers
  • COVID-19

The family feud over the Schlafly craft beer trademark has ended

August 18, 2016Chris Crowell

Trademark craft beer

Show of hands of every one who has heard of Phyllis Schlafly. OK, so none of you? Well, apparently Phyllis is a conservative activist, mostly known for opposing the Equal Rights Amendment. She is also the aunt (by marriage) of Tom Schlafly, co-founder of St. Louis Brewery, makers of Schlafly beer. And she believes the Schlafly name shouldn’t be awarded a trademark. She has been trying to block this trademark application since 2012.

That fight has now ended, with the U.S. Patent and Trademark Office coming out in favor of the St. Louis Brewery. The argument was rejected on the grounds that the trademark shouldn’t be awarded because it is a surname. And to be clear, the trademark hasn’t been awarded just yet, but this attempt at blocking the filing has been rejected.

So, I made my jokes, but Phyllis is definitely a known public figure, and if she is indeed as well known as she thinks she is (maybe she is? We aren’t smart), then perhaps she had a point that the brewery was profiting off her name — and doing so with an alcoholic beverage, which, I mean, my god — *faints at the thought.*

Take over, the St. Louis Dispatch:

“In connection with its usage as a surname, it has the connotation of conservative values, which to millions of Americans (such as Baptists and Mormons) means abstinence from alcohol,” Phyllis Schlafly’s filing with the trademark office stated, adding that “an average consumer in Saint Louis and elsewhere would think ‘Schlafly’ is a surname associated with me.”

But of course, none of this has to do with Phyllis. The success of Schlafly is related to its beer, marketing and strategy and its trademark filing is a means for protecting all the founders have built. Schlafly beer is sold at more than 10,000 retail locations in 15 states.

Again from the St. Louis Dispatch:

Phyllis Schlafly argued that the recognition of the brewery’s trademark should be quantitatively compared to the recognition of her surname, but “the statute calls for no such popularity contest,” administrative trademark judge Anthony Masiello wrote in the opinion.

“Over a period of almost 25 years, applicant has conducted its business in such a way as to establish an association between the name Schlafly and its beer,” the opinion stated.

“Inasmuch as there is no evidence of market proximity between (the brewery) and the activities of Phyllis Schlafly, there is no reason to believe that those activities have interfered with the ability of customers to associate” the brewery’s trademark with its goods, the opinion continued.

RELATED: The likelihood of confusion in your trademarks

Schlafly Beer aims to open fourth brewpub in Illinois, revitalize old building and hire 50+ new employees
Financials: The Schlafly family and investors shift ownership of the Schlafly beer brand
craft brewing trademark dispute
Courts help brewers protect their recipes and techniques from employee theft
Sonic restaurant chain sends Colorado’s Wiley Roots Brewing a cease and desist over Slush series branding

Reader Interactions

Comments

  1. mkanach says

    August 19, 2016 at 9:18 pm

    RT @CraftBrewingBiz: The family feud over the Schlafly craft beer trademark has ended. #WhatsInaName? https://t.co/KdVS5vSESx https://t.co/…

    Log in to Reply
  2. CalderMellino says

    August 19, 2016 at 9:23 am

    RT @CraftBrewingBiz: The family feud over the Schlafly craft beer trademark has ended. #WhatsInaName? https://t.co/KdVS5vSESx https://t.co/…

    Log in to Reply
  3. Todd Parker says

    August 18, 2016 at 3:06 pm

    Todd Parker liked this on Facebook.

    Log in to Reply
  4. crsimp01 says

    August 18, 2016 at 2:23 pm

    The family feud over the Schlafly craft beer trademark has ended https://t.co/f5sAII0DWR via @craftbrewingbiz

    Log in to Reply
  5. LVRGLLC says

    August 18, 2016 at 2:19 pm

    #CraftBeer #CraftBrewing #Beer #BeerBiz The family feud over the Schlafly craft beer trademark has ended https://t.co/56btx7d0Db

    Log in to Reply
  6. Adam Holtvogt says

    August 18, 2016 at 1:21 pm

    Adam Holtvogt liked this on Facebook.

    Log in to Reply
  7. homemadebeer says

    August 18, 2016 at 1:08 pm

    The family feud over the Schlafly craft beer trademark has ended: She is also the aunt (by marriage) of Tom S… https://t.co/x5w5dipHhd

    Log in to Reply

Leave a Reply Cancel reply

You must be logged in to post a comment.

Primary Sidebar

Latest News

  • Shot and a beer: Bulleit Frontier Whiskey and Stone Brewing announce partnership
  • Lone Tree Brewing is a brewery that gives back
  • Local Time Brewing is set to open in Holly Springs, NC, in 2023
  • Olde Mecklenburg Brewery has a newe look

Sign up for our newsletter

unsubscribe from list

Most Popular Today

Recent Features

  • madtree-HangerCheers to 10 Years: MadTree Brewing keeps growing and giving a f#ck
    February 7, 2023
  • Michigan’s Short’s Brewing down 10% overall vs. 2021, but its Local’s Light lager is up 10%+
    February 6, 2023
  • Arizona Wilderness BrewingCheers to 10 Years: We should all strive to be Arizona Wilderness Brewing Co.
    February 2, 2023
  • Watch famed gonzo illustrator Ralph Steadman discuss his Flying Dog beer labels
    February 2, 2023
  • Michigan’s Dog Star Hops wins Chinook Cup for second year in a row
    February 1, 2023
  • fort point both-ciders-3Fort Point Beer debuts cider line, explains why ciders instead of seltzers
    January 31, 2023

Footer

  • Email Newsletter Sign Up
  • About Craft Brewing Business
  • Contact Us
  • Advertise on Craft Brewing Business
  • Media Kit Download
  • Privacy and Terms

© 2023 · CBB Media LLC