November 2019 2019. Brewing giant InBev hasn’t yet managed to ward off an attack by outdoor clothing company Patagonia against its latest trademark. Patagonia has brought a lawsuit in the US against Inbev’s new beer, which is marketed under the name Patagonia Cerveza.
The 40-year-old clothing company claims that Patagonia is one of the world’s most distinctive brands. If a beer were to be marketed under the same name, it says, this could undermine and dilute Patagonia’s trademark rights.
Famous and distinctive
InBev’s counterargument was that the Patagonia trademark wasn’t sufficiently distinctive and therefore couldn’t be diluted. At the beginning of September, however, the District Court in California concluded that Patagonia had adequately demonstrated that its trademark was indeed famous. So the score currently stands at 1-0 to Patagonia’s clothing. The legal battle can now commence…