CAFC
Saint Louis Brewery Wins Battle Over SCHLAFLY Mark
Written December 10, 2018
The US Court of Appeals for the Federal Circuit on November 26, 2018, affirmed a Trademark Trial and Appeal Board (TTAB) decision against Phyllis and Bruce Schlafly, thereby allowing the Saint Louis Brewery (SLB) to obtain trademark registration for the word mark “SCHLAFLY”.
SLB, founded in 1989 by Phyllis Schlafly’s nephew, had applied to register a new “SCHLAFLY” mark for various types of beer in 2011. Phyllis Schlafly had argued that her surname represented the conservative values for which she advocated. Her son, Bruce Schlafly, had said the trademark could hurt his medical practice. They argued that SLB was required to submit consumer surveys as evidence of secondary meaning. But the Federal Circuit said there was more than enough other evidence evaluated by the TTAB to support its conclusion.
SLB, founded in 1989 by Phyllis Schlafly’s nephew, had applied to register a new “SCHLAFLY” mark for various types of beer in 2011. Phyllis Schlafly had argued that her surname represented the conservative values for which she advocated. Her son, Bruce Schlafly, had said the trademark could hurt his medical practice. They argued that SLB was required to submit consumer surveys as evidence of secondary meaning. But the Federal Circuit said there was more than enough other evidence evaluated by the TTAB to support its conclusion.