Anheuser-Busch and Czech brewery Budejovicky Budvar has an interminable dispute over the name Budweiser in various countries in the world.  In Vietnam, after a 12-year fighting for the name, both sides did win in 2001, but are allowed to use the name Budweiser at very different levels.

Anheuser-Busch is the owner of the trademarks “BUDWEISER” in block letters (Reg. No. 37578, filed on June 21, 1989, granted on June 20, 2001) and “Budweiser” in lowercase (Reg. No. 37579, filed on June 23, 1990, granted on June 20, 2001) for, among others, beer in Vietnam. Budejovicky Budvar is the owner of the trademarks “Budweiser Budvar (stylized), device” (International Reg. No. 614536, internationally registered on March 11, 1994) and “Budweiser Budbrau (stylized), device” (International Reg. No. 614537, internationally registered on March 11, 1994) designated Vietnam for beer.

Registration of the trademark BUDWEISER in block letters or in lowercase gives Anheuser-Busch the exclusive right to use the trademark in any format in Vietnam, according to the practice of applying and interpreting the trademark law by the Vietnamese competent authorities. While the trademarks protected in the name of Budejovicky Budvar in Vietnam are limited only to “the mark[s] containing the element BUDWEISER” (as opposed to “the trademark BUDWEISER” – these words the NOIP used to name BB’s marks and A-B’s mark respectively in its Decision No. 1404/SHCN, dated December 29, 2000, on settlement of the dispute over the name Budweiser) with the name Budweiser exactly represented as that in its international registrations Nos. 614536 and 614537.

Therefore, using the trademarks “BUDWEISER” in block letters or “Budweiser” in lowercase by any persons for beer without Anheuser-Busch’s consent shall constitute an act of infringement of these trademarks.

After having detected that a local company, Phuong Trinh Investment & Trading Jsc, a local distributor of Budweiser Budvar beer of Budejovicky Budvar in Vietnam, (“Phuong Trinh”), had been distributing, advertising, storing and offering for sale beer bearing the name “BUDWEISER” (block letter) on the label/can since the end of 2007, on 17 January 2008 and 30 January 2008, Anheuser-Busch and Lê & Lê sent cease and desist letters requesting Phuong Trinh to stop its infringing acts.

On 18 February 2008, Phuong Trinh sent to Anheuser-Busch a letter in which Phuong Trinh undertook that: (i) Phuong Trinh would not infringe the rights to trademarks “BUDWEISER” in block letters and “Budweiser” in lower case of Anheuser-Busch in Vietnam; and (ii) Phuong Trinh would remove the infringing products from the market at the earliest.