Complaint Budweiser Is Tasteless

Case: 3:11-cv-00262-WHR Doc
1 Filed: 07/27/11
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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
and Teamsters
Defendants International Brotherhood of Teamsters Local Union 957
("Teamsters International")
states the
("Teamsters Local") (collectively, "Defendants"),

INTRODUCTION
following:
1.
This is
an
action at law and in
equity for dilution and false advertising arising (the

Lanham Act), 15 U.S.C.
under the Federal Trademark Act of 1946 well

as
1051,
et seq.
as
deceptive trade practices

common
Ohio Revised Code
4165.01,
et seq.; and defamation
under the
law of the state of Ohio.
JURISDICTION AND VENUE 2.
This Court has
subject matter jurisdiction over Anheuser-Buschs federal claims

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

1338. The Court has
common
1331 and
subject matter jurisdiction over Anheuser-Buschs

1367.
statutory and
law claims pursuant to 28 U.S.C.
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3.
This Court has jurisdiction
over
the Defendants
by virtue
of the fact that
they are
conducting business in this judicial district.

4. Venue is proper in this Court pursuant to 28 U.S.C. 1391.
THE PARTIES
5. One Busch
Plaintiff Anheuser-Busch is
Missouri
corporation with its principal
offices at
Place,
St.
Louis, Missouri
63118.
6.
Upon information and belief, Defendant Teamsters

Southern District of Ohio with its
International is
an
association
doing business in the
principal place
of business at 25
Louisiana Avenue NW,
Washington,
D.C. 20001.
7.
Local Union 957 is
an
association its
doing business in and maintaining an office in the

at 2719
Southern District of Ohio with
principal place of business

8.
Armstrong Lane, Dayton, Ohio, 45414.

Local Union 957 is affiliated
with Defendant Teamsters International.
9.
Upon information and belief, Defendants represent drivers

of Heidelberg Distribution
and warehouse
employees
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 worlds
largest-selling beers, BUDWEISER and BUD LIGHT.
Anheuser-Busch
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has
produced, marketed, distributed,

over
and sold its
universally famous BUDWEISER beer in
this country for
100 years.
11. Sales of products in connection with the Anheuser-Busch trademarks generate
billions of dollars in
revenue
for Anheuser-Busch. Anheuser-Busch has sold billions of
dollars worth of BUDWEISER 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 magazines list of Americas Most Admired Companies.

13. After great
expenditures
of time, money and effort, Anheuser-Busch has forms of advertisement, and
developed many distinctive trademarks, designs,

it has used and continues to
use
slogans, which
in connection with its many
products
and business activities.
THE ANHEUSER-BUSCH MARKS 14. Anheuser-Busch is the

owner
of many famous
registered and common law

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

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

at least
as
with beer, Anheuser-Busch has used the BUDWEISER word mark connection with
1938.
apparel
and a wide range of promotional
products since
early as
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16. Anheuser-Busch
owns a
number of valid and

cover a
subsisting United States
Trademark
Registrations
for the BUDWEISER mark, which
variety of products, including beer.

No.
Anheuser-Buschs BUDWEISER registrations include:
Reg.
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

attached
of Registration
Exhibit A.
corresponding to the aforementioned registrations are

17. In No.
collectively as
addition, United States Trademark Reg.
No.
922,481; Reg. No. 952,277; Reg.
1,402,016; Reg. No. 1,443, 856; Reg. No. 1, 568, 251 and Reg. No. 2,506, 291 for the
are
BUDWEISER word mark
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 which
subsisting United States

cover a
Trademark
Registrations for the BUDWEISER Script Design,

Anheuser-Buschs BUDWEISER Trademark Reg. No. 2928032;
variety
of products.
Script Design registrations include:
United States
Reg.
No. 2963450 and Reg. No. 3182511. True and correct
copies of the Certificates

are
of Registration
corresponding to the aforementioned registrations
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

1065, 1115(b).
Sections 15 and
33(b)
of
the Lanham Act, 15 U.S.C.
20. For purposes of this
Complaint, Anheuser-Buschs registered trademarks are
referred to
SLC-6414228-1
collectively as the Anheuser-Busch Marks.

4
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21. Anheuser-Busch has
engaged in the marketing,

since
distribution and sale of products
depicting the Anheuser-Busch Marks

Anheuser-Busch is the Marks have been and
owner
long prior to the acts complained of herein and
of exclusive trademark rights therein. The Anheuser-Busch
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 of many products. Anheuser-Busch has spent billions of dollars in and promoting its BUDWEISER beer in the United States.
marketing
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 United States and Ohio.
products in the minds
of consumers
throughout the
24. Anheuser-Buschs trademarks
are
famous and well-known,
as numerous
courts
have confirmed. See Anheuser-Busch, Inc.

Mo.
v.
VIP Prods.,
LLC, 666 F. Supp.2d 974, 987 (E.D.
2008) (concluding it is undisputed that the

v.
Budweiser mark is
famous);
Anheuser-
Busch, Inc.
Andys Sportswear, Inc., No. C-96-2783,

"that
1996 WL 657219 at *1
as
(N.D.
Cal.
1996) (finding
appears to
[Anheuser-Buschs] marks are unquestionably famous,
defendant
concede.).
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DEFENDANTS CONDUCT
25.
Upon information and belief, Heidelberg is

Ohio, including the Dayton area..
distributor of beverage
products
that has locations in
26.
Heidelberg distributes numerous products from various companies, including but

Adams, Sierra Nevada, Labatt's, Guinness, Barefoot, Freixenet, Jack
Santa
not limited to Samuel
Daniels, Kendall Jackson, Little Penguin, Riunite,
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 not an exclusive distributor of Anheuser-
Busch products
27.
Anheuser-Busch does not
own or
control
Heidelberg.
are
28.
Upon information and belief, Defendants
currently in an ongoing contract
negotiation with Heidelberg.

29.
Anheuser-Busch is not
party to any negotiations between Defendants and
Heidelberg.
30.
Anheuser-Busch has
no
control of Heidelberg's labor relations
policy.
31. On
July 22, 2011, Defendants caused advertisements to be displayed on two

The advertisements
digital billboards in the Dayton area.

Busch
prominently display the AnheuserBUDWEISER
Marks, including the BUDWEISER word mark and the
Script Design.
See Exhibit
C, Declaration of Elizabeth M. O' Connor and Exhibits C 1 and C2 thereto.
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32. The
digital billboard advertisement reads:
Tell Budweiser Heidelbergs
Destruction of Ohio Jobs is Tasteless. The advertisement

a
displays the word Budweiser in
stylized form that is
an
imitation of the
registered BUDWEISER Script Design trademark.

are
The words Budweiser and is Tasteless and

are moreover
larger than
all other text
on
the
advertisement,
set off in bold red font.
The statement made by Defendants in the
advertisement is
false, false by necessary implication, and disparaging.

and
33.
Among other false messages, the words
images
of Defendants 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
labor
dispute with the Teamsters in Ohio,
and that Anheuser-Busch is

are
responsible for
the destruction of Ohio jobs. Such statements
false, false by necessary implication, and
disparaging of Anheuser-Busch and its products..

34. The
digital billboard advertisement also includes a depiction of broken glass.

and suggests that BUDWEISER beer could be unsafe
or
See
id. This
again implies
harmful to
consumers.
35. The
digital billboard includes a statement that indicates that it was paid for by the
See id.
Defendant International Teamsters.
36. The
digital billboards are located at the Dryden Road exit off of Interstate
The two
one
75
(Exit 50A), near downtown Dayton, Ohio.

to-back relationship viewable
on a
digital billboards are supported in backdigital billboards oriented to

face and be
single pole,
on
with
of the
by southbound traffic
Interstate
on
75, and the other billboard oriented to face and C,

3-4.
be viewable
SLC-6414228-1
by northbound traffic
Interstate 75. See Exhibit
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37. Interstate 75 is
major, heavily-traveled north-south Interstate Highway that regions

of the United States. See Exhibit C,
connects the Great Lakes and Southeastern
6.
38.
According to a press release
issued by Defendant Teamsters Local957
on
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 hereto
as on
July 22, 2011, is
attached
Exhibit D.
39. Defendants
are
using the Anheuser-Busch Marks in commerce in connection

and economic
with
advertising in order to advance their business
interests, including (but not false, misleading and
limited to) efforts to obtain contractual benefits for their members. The
disparaging statements by Defendants are intended to

Anheuser-Busch has
diminish the
positive associations
developed with consumers
of its
products.
on
40. These
false, misleading and disparaging statements
the billboard are made for
the purpose
of, and may have the effect of, influencing sales of goods in the marketplace,
of BUDWEISER branded products to the sale of products sold by
namely, diverting sales
other manufacturers under different brands.
41. Defendants
are
not
subsidiaries, affiliates, licensees or related companies of

to advertise
Anheuser-Busch, and Anheuser-Busch has not authorized or licensed Defendants

or
in any way make
use
of the Anheuser-Busch
Marks,
or
any
reproductions, copies or
colorable imitations thereof.
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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

Busch Marks.
character of the Anheuser-
43. As
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.
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
paragraphs as
if set forth in full herein.
45. Anheuser-Busch has
extensively and continuously promoted and used the throughout the world,
and those marks
Anheuser-Busch Marks both in the United States and 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.

commerce
46. Defendants used the Anheuser-Busch Marks in
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 publics
exclusive identification of
these famous marks with and reputation of the
Anheuser-Busch, tarnishing and degrading the positive associations

to
marks, and otherwise lessening the capacity of the marks
identify and
distinguish Anheuser-Buschs goods and services.

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10
48. Defendants actions demonstrate
an
intent to
cause
dilution of the Anheuser-
Busch Marks to the great and irreparable
injury of Anheuser-Busch.
is entitled to
49. Because of Defendants
infringing activities, Anheuser-Busch 1125(c).
injunctive relief pursuant to
15 U.S.C.
SECOND CLAIM FOR RELIEF Federal False Advertising (15 U.S.C. 1125(a)) 50. Anheuser-Busch repeats and
paragraphs as
if set forth in full herein
51. Defendants have made false
or
misleading statements
of fact
concerning
Anheuser-Busch's interstate
products and commercial
activities and have made such statements in
commerce.
52. Defendants false and misleading statements have

to deceive
a
actually deceived or will tend
substantial portion of the intended audience for Defendants statements.
53. Defendants false and misleading statements
are
material in that
they have
influenced
or are
likely to influence consumers purchasing decisions.
54. Defendants false and misleading statements of fact have caused and will
continue to
cause
harm to Anheuser-Busch.
THIRD CLAIM FOR RELIEF
Defamation
(Ohio common law)
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55. Anheuser-Busch repeats and

a
paragraphs as
if set forth in full herein. This claim is
substantial and related claim to
Anheuser-Buschs federal claims.
56. Defendants have made false and defamatory statements
concerning Anheuser-
Busch and its
products on the digital billboard. negligently or willfully published the false and defamatory
a
57. Defendants
statements
concerning Anheuser-Busch and its products on the display of
digital billboard
advertisements.
58. Defendants acted with malice in
taking the actions complained of herein,
and had
knowledge of the false and misleading nature

and its
of the statements made about Anheuser-Busch
products as pled herein.

59. Defendants actions and statements reflect upon the character of Anheuser-Busch
and its
products and cause injury to Anheuser-Busch in its trade.

60. Defendants actions constitute defamation per
se.
61. Because of Defendants
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.)
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62. Anheuser-Busch repeats and

a
paragraphs as
if set forth in full herein. This claim is
substantial and related claim to
Anheuser-Buschs federal claims.
63. In their
are
digital billboard advertisements, Defendants have made
statements which
false and misleading.
64.
Upon information and belief,
Defendants false statements in connection with deceived

or
their
digital billboard advertisements have
have the
tendency to deceive a
consumers.
substantial segment of Anheuser-Buschs target audience and potential
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-Buschs products.

66. As
a
result of Defendants false statements in connection with its
digital billboard injuries.

as
advertisements Anheuser-Busch has been Anheuser-Busch
injured and will continue to
suffer
is, therefore, entitled to injunctive relief, damages and costs,
well as, if
appropriate,
enhanced
damages and reasonable attorneys
fees.
PRAYER FOR RELIEF
WHEREFORE, Anheuser-Busch prays that:

1.
Defendants and all their agents, and all other persons
officers, employees, representatives,

or
successors,
assigns, attorneys,
acting for, with, by, through,
under
authority from
SLC-6414228-1
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13
Defendants,
or
in concert
or
participation with Defendants,

from:
and each of them, be
enjoined
preliminarily and permanently, (a)
using the Anheuser-Busch Marks

dilute
or
or
engaging in any actions which are likely to
tarnish the distinctive
quality of the Anheuser-Busch Marks or to
publishing any false, defamatory or misleading statements concerning AnheuserBusch's
products,
or
otherwise
cause
injury to Anheuser-Buschs business
reputation, including but not limited to, displaying the billboard advertisements depicted in Exhibits (b)
otherwise
C 1 and C2 to the Declaration of Elizabeth M.
O'Connor;
using the Anheuser-Busch Marks or unfairly competing with Anheusermanner
Busch in any
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 use

award of Defendants
of the Anheuser-Busch
Marks,
the
damages award be trebled and the 1117(a);
profits be enhanced as provided
for by 15 U.S.C.
4.
Defendants be
required to pay to Anheuser-Busch the costs 1117(a)
of this action and its
reasonable
attorneys
fees pursuant to 15 U.S.C.
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

and
punitive damages;
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14
6.
Anheuser-Busch be awarded such other and further relief as the Court may deem
just.
DATED:
_July 27,
2011
Respectfully submitted,
PORTER WRIGHT MORRIS & ARTHUR LLP
/s/ James D. Liles James D. Liles (0005547)
250 East Fifth Street, Suite 2200 Cincinnati, OH 34202-5118 Telephone: 513 -3 69-4209 Fax: 513-421-0991 Email: jliles@porterwright.com
HUSCH BLACKWELL LLP Gary A. Pierson 190 Carondelet Plaza, Suite 600 St. Louis. MO 63105 Telephone: 314-480-1500 Fax: 314-480-1505 Email: gary.pierson@huschblackwell.com
Attorneys for PlaintiffAnheuser-Busch, Incorporated
SLC-6414228-1
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15
VERIFICATION
I, Robert McCarthy, being first duly sworn,

I
am
state:
the Vice President, Budweiser of Anheuser-Busch,

I have
Incorporated,
the
Plaintiff in the above-mentioned action.
read the
foregoing
own
VERIFIED
COMPLAINT and know the contents thereof; the
same
is true of my
as
knowledge
except
as
to matters therein stated on information and belief and
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

same as
foregoing
instrument, and acknowledged that he executed the
his free act and deed.
4.7
I
/11,
J.
Notary/Public Cindyt. McKeehan

4
STATE OF MISSOURI, SI, Louis County, 2013 r My Commisskn Expires: July 6,

flt
CINDY L. McKEEHAN Notary Public- Notani Seal

Commhtaion ifs 09,4494.0
--6.6.6.6.00&-&-4-4-
SLC-6414561-1
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16
Exhibit A
Anheuser-Busch, Incorporated v. International Brotherhood of Teamsters and Teamsters Local Union 957
SLC-6414851-I
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17
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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 IRE RECORDS OF THE INITED STATES PATENT AND TRADEMARK OFFICE.
REGISTERED FOR A TERM OF 20 YEARS FROM October 19, 1971

2nd RENEWAL FOR A TERM OF 10 YEARS PROM
October
19, 2001
SECTION 8 & 15 SAM RECORDS SHOW TITLE TO BE IN:
Registrant
By Authority
of the
Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office
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1-1 Filed: 07/27/11
Page:
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18
Malted States Patent Office

PRINCIPAL REGISTER Trademark
922, 481
Registered
Oct.
19, 1971
Ser. No. 374,478, filed Oct. _28, 1970
BUDWEISER
Anheuser-Busch, Incorporated (Missouri corporation)
721 Pestalozzi St. St. Louis, Mo. 63118 For: BEER, in CLASS 48 (INT. CL. 32). First use January 1876; in commerce January 1876. Owner of Reg. No. 13, 064 and others. JOHN C. DEMOS, Examiner
1-1 Filed: 07/27/11
Page:
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19
Int. CL: 32
Prior U.S. Cl.: 48

10 Year Renewal
Reg. No. 922, 481 Registered Oct. 19, 1971 Renewal Term Begins Oct. 19, 1991
TRADEMARK,
PRINCIPAL REGISTER
BUDWEISER
ANHEUSER.-BUSCH, INCORPORATED (MISSOURI CORPORATION)

ONE BUSCH PLACE
FOR: BEER, IN CLASS 48 (INT. CL.
32).
FIRST USE 1-0-1876,
ST. LOUIS, MO 63118 OWNER OF U.S. REG. NO. 13, 064 AND OTHERS.
1-0-1876;
IN COMMERCE
SER. NO. 72-374,478, FILED 10-28-1970.
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
1-1 Filed: 07/27/11
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20
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UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office
August 20,
I
.r.
2008
THE ATTACHED U.S. TRADEMARK REGISTRATION 952, 277 IS
1,.rAEl"i
`rc.
i`VEFFECT
CERTIFIED TO BE A TRUE COPY WHICH IS IN FULL FORCE AND WITH NOTATIONS OF ALL STATUTORY ACTIONS TAKEN
TEIEREON AS DISCLOSED BY TIIE RECORDS OF THE TJNITED STATES
4 PATENT AND TRADEMARK 014110E.
IP2nd
I: ri6, i
10
4lfijl
REGISTERED FOR A TERM OF 20 YEARS FROM
RENEWAL FOR A TERM OF 10 YEARS FROM
January 30, 1973 January 30, 2003
SECTION 8 & 15
LESS GOODS
SAID RECORDS SHOW TITLE TO BE IN:
Registrant
By Authority of the Under Secretary of Commerce for Intellectual Property

and Director of the United States Patent and Trademark Office
_---.2-;
N-,,, Th-. ' 41A,kt:,, --L. 4AN?--,' V t, .1. . .:, ..7./..:,,i4., i.7:.11.,. 41.. : k___: tx..it,1%., 41,
-7:, 4.
41, r
t,
1_,
_---0-...",
CYX7I4a1
LANAI JAMISON
Officer
0_.,,
Certifying
n-fmk.4.._..
..t,
%5..-,
.---.7-7.y
MednintilIMIRMOIERIMMIU1111^1101111111111111KWIMEMBIMIIIIIMIMMIIMMIMULEIRM11111111117111111MUMIIIPMEJMIIIMILMIIMMIllallIIIII111111111111^111111
-Oat
1111101111r Mrir.
1-1 Filed: 07/27/11
Page:
6 of 19 PAGEID
21
United States Patent Office

PRINCIPAL REGISTER Trademark
952, 277
Registered
Jan. 30, 1973
Ser. No. 906,443, filed Nov. 1, 1971
BUDWEISER
Anheuser-Busch, Incorporated (Missouri corporation)
721 Pestalozzi St. St. Louis, Mo. 63118 For: BEER
*NE)--MALT---14W811-, in CLASS 48
(INT. CL. 32). First use January 1876; in commerce January 1876, Dwner of Reg. Nos. 13, 064, '895)176, and others.
J. C.
DEMOS, Examiner
1-1 Filed: 07/27/11
Page:
7 of 19 PAGEID
22
0..00 ifit-4 g`g'
rt, ".r.1 VS R W. .4 Tri t4Ei 111 f 4:: A sq U.Siricti: 4 United

Int.
er
al
Reg. No. 052,277

Registered Jon. 30, 1973 Renewal Term Begin Jan. 40, 1993
Stnieliateiff.and:411dernwk Office
10 Vear Renewal
TRADEMARK
i.
TRINCIFIAL REGISTER.
BUDWEISER
ANHEUSER-BUSH,
INCORPORATED
(MISSOURI CORPORATION)
FOR: BEER [0, 413.4,4ALT-1,4(448411, CLASS 43 (INT. CL. 32).
IM
ONE BUSCH PLACE. use' 1-0-I376: IN COMMERCE ST. LOUIS, MO 63118
FIRST
OWNER OF US. REG. NOS. 13,064, 895, 176 AND OTHERS.,
1-41-1876.
SElt NO. 72-406,443,
FILED 1
r-I-1971.
In testimony whereof I have hereunto set my hand and caused the seal of The Patent and Trademark Office to he affixed on Nov. 3, 7992.
1-1 Filed: 07/27/11
Page:
8 of 19 PAGEID
23
hulCI32 Prior U.S. I.:
-4.p
and Trii1
AP-A,
ft4'Fg,h`Vo. 982,277. allf,

Bice
Renewal Tenn
United States Patent

10 Year Renewal
Registered Jan. 30, 1973' Begins Jun. 30, 1993
TRADEMARK
PRINCIPAL REGISTER
BUDWEISER
ST. LOUIS. MO 63118
ANHEUSER-BUSCH, INCORPORATED (MISSOURI CORPORATION) ONE-BUSCH PLACE

OWNER OF U.S. REG. NOS. 895, 176 AND OTHERS. 13,1164,
FM BEER
CLASS 48 (INT. CL, 32).
(AND
MALT
LIGUORI,
IN
FIRST USE 1-0-1876. IN COMMERCE 1-0-1876. SER. NO.72-406,443. FILED 11-1-1971.
In testimony. whereof 1 have hereunto set my hatul and caused the sea1 of The Patent 'and Trademark Office to be affiied on Nov. 3, 1992.
COMMISSIONER OF PATENTS AND TRADEMARKS.
1-1 Filed: 07/27/11
Page:
9 of 19 PAGEID
24
Int. CI.: 32 Prior U.S. Cl.: 48

10 Year Renewal
Reg. No. 952, 277 Registered Jan. 30, 1973 Renewal Term Begins Jan. 30, 1993
SERVICE MARK PRINCIPAL REGISTER
BUDWEISER
ANHEUSER-BUSCH, INCORPORATED (MISSOURI CORPORATION)

ONE BUSCH PLACE
FOR: BEER 14.144;14441, CLASS 48 (INT. CL. 32).

FIRST USE 1-0-1876.
914GR), IN
ST. LOUIS, MO 63118 OWNER OF U.S. REG. NOS.
1-0-1876;
IN COMMERCE
13,064,
895.176 AND OTHERS.
SER. NO, 72-406,443, FILED 11-1-1971.
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
1-1 Filed: 07/27/11
Page:
10 of 19 PAGEID
25
1715520
maumumumf0-ummu0==InMn2i2
WHULLIalhaMWaa, Md.WliblaraMMJIMMMIIWOMMWEILL
ummemlummaJoim
TO)A411-LUDWIOM(1111ESEI MEM SENE*
csnugg

August 20, 2008

T
1Yit
1:1.
):}I
1:
kIL
THE ATTACHED U.S. TRADEMARK REGISTRATION
1, 402, 016 IS
CERITFIED TO BE A TRUE COPY WHICH IS IN FULL FORCE AND EFFECT WITH NOTATIONS OF ALL STATUTORY ACTIONS TAKEN
THEREON AS DISCLOSED BY THE RECORDS OF THE UNITED STAI'ES
A0
PATENT AND TRADEMARK OFFICE.

REGISTERED FOR A TERM OF 20 YEARS FROM 1st RENEWAL FOR A TERM OF 10 YEARS FROM
July 22, 1986 July 22, 2006
4 t.
SECTION 8 & 15 LESS GOODS SAID RECORDS SHOW TITLE TO BE IN:
Registrant
11
111
itiV1131jzi

-70
LANAI JAMISON
r
rti tikii,
t"(
C
1
3:SarlaVhAe.
IA I
Certifying Officer
driatiff,, .mgmmumarmillmmiummmommmummumwmnimmummmummmmuumulnummw
3MW:=44
mum
"t2,
0-
ututommum
11
uginionimniminummniimrtudiiniuyippraiumpmgpi
1-1 Filed: 07/27/11
Page:
11 of 19 PAGEID
26
Int. Cl.: 9
Prior U.S. as.: 21 and 26

TRADEMARK
PRINCIPAL
Reg. No. 1, 402, 016

Registered July 22, 1986
REGISTER
BUDWEISER
INCORPORATED SOURI CORPORATION) ONE BUSCH PLACE ST. LouIs, MO 63118
ANHEUSER-BUSCH,
(MIS-
FIRST 0 0 1978,
USE
0-0-1978;
IN
COMMERCE
OWNER OF U.S. REG. NOS. 13, 064, 1, 372, 700 AND OTHERS.
SER. NO. 574,216, FILED 12-19-1985.
FOR:
RADIOS,
TELEPHONE
RECEIVERS,
JODY HALLER DRAKE, EXAMINING ATTORNEY
CAMERAS, AND SUNGLASSES, IN CLASS 9 (U.S. CLS. 21 AND 26).
1-1 Filed: 07/27/11
Page:
12 of 19 PAGEID
27
1715520
iliTla,
h111, 515,
1.111-;J1:11101511, 11111111111^
.1510.M.WicTIROA4'..
Lannimmunnumunua
AAIRMAVALOIVRITHE5JEI litIMEJSEN11, 3 WM.= ge2MDA

UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office
August 20, 2008

THE ATTACHED U.S. TRADEMARK REGISTRATION 1, 443, 856 IS
1.40gr,
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
1987
June 23,
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

':'-itic icvla wki
(-AU*
4-4
$1,
1
7viA:49
LANAI JAMISON
y,
.rY 1---11.,,"4, el Ail, -r4Rizt..z.v.,

c.
ele--ir,
Z.- Y_II. ,
9:",
-&-F.,.---4, :
ti-N-,
Certifying Officer
C.,,3
r; .6.4-:
4'
":llnll'WediV L.-
(51
55-Thun
InflIFIM1151511ATIPILMMUIll
5171flUn5
I 5^1100115111551115155:11
IJ
1,
51111115M111511,1511111111511110
750115111
nummummuniummumuttumo
15111t1M511
1-1 Filed: 07/27/11
Page:
13 of 19 PAGEID
28
Int. Cis.: 6,
16, 18, 20, 21, 24,
26 and 34 42 and 50
Prior U.S. Cis.:
2, 3, 8, 9, 13, 22, 23, 32, 37, 38, 40, 41,

TRADEMARK
Reg. No. 1,443, 856

Registered June 23, 1987
PRINCTOAL REGISTER
BUDWEISER
ANHEUSER-BUSCH,. INCORPORATED
SOURI
ONE BUSCH PLACE ST. LOUIS, MO 63118
FOR: KEY BADGES MADE
(MIS-
CORPORATION)
FOR: DRINKING VESSELS, BEER PAILS, TRAYS, BOTTLE OPENERS, FLOWER HOLD-ERE, HEAT INSULATED. CONTAINERS FOR
CHAINS, PRIMARILY
ORNAMENTAL QF METAL, *ND i; IN
-wie-T-Frie-Bekre3s,
'4
4
CLASS 6 (U.S. CLS. 13 AND 50). FIRST USE 0-0-1945; IN COMMERCE 0-0-1945. FOR: PLAYING CARDS, PENS, PENCILS,
PAPER NAPKINS, COASTERS, -07R7EE-TIN6e**138; NOTE PAPER,:

.4 *4
4
USE FIRST 070-1876; IN COMMERCE 0-0-1876. FOR: TOWELS, AND PENNANTS NOT OF. PAPER; IN CLASS 24 (U.S. CLS. 42 AND 50), USE FIRST 0-0-1904; IN COMMERCE 044904. FOR: BELT BUCKLES, ORNAMENTAL PINS,
G.
23).
BEVERAGES, AND BEER CARRIERS AND COOLERS, IN CLASS 21 (US. CLS. 2, 13 AND
PAPER
PENNANTS, IN CLASS 16 OS.
4.
37, 38 AND 50).
'LACES, IN CLASS 26 (U.S. CL. 40). CLS. 22,. USE IN COMMERCE 0-0-1938FIRST
0-0-1938. FOR: MATCHES, ASHTRAYS, AND LIGHTERS FOR SMOKERS; IN CLASS 34 (U.S. CLS. 8. AND 9).. FIRST USE 0-0-1938; IN COMMERCE
AND
G.
MbE
USE FIRST 0-0-1938; IN COMMERCE 0-0-1938. FOR: TOTE BAGS, BILLFOLDS AN-13 um_ BRELLAS, IN CLASS 18 (U.S. CLS. 3 AND 41). FIRST USE 0-0-1938; IN COMMERCE 0-0-1938. FORE MIRRORS, NAME-BkBEILES, a .7,: i, CABINETS AND DAR STOOLS, -IN CLASS 20 (U.S. CLS. 13, 32 AND 50). USE FIRST 0-0-1904; 'IN COMMERCE 0-0-1904.
PLAQUES,,
OWNER. OF U.S. REG: NOS. 13, 064, 1, 402,016 AND OTHERS.

SER. NO.
0-0-1938.
631, 414,
FILED
11-20-1986.
ERNEST H. LAND, EXAMINING ATTORNEY
1-1 Filed: 07/27/11
Page:
14 of 19 PAGEID
29
1715520
ittIMEHIII111111111011.1N8111111111ffill1110111i .1111111111111....M..
111
IIMLOMIIIMLL.s111111.1.C1LATIMININIEMIIIMMOLLIMIIMPPITINITIIIIIMM113.1tLIV.=ThtliMITMOIIIM
VNAMIN,11001391.9)1(WEIELSR BWEISXtifM WEIttbis, ecolfEr8

August 20, 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
Under
of the
Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office
C70A 191142164M
LANAI JAMISON
Certifying Officer
V. '__:5, -:.t-,, .---A-t, .4.0.,,,,,
11.9M17121371/.1nnii
riaitinnummQpiinn.
lummlanuamm rimmourumnimmuunormor
IH
lamily
1.111111M1.11,H11.111, 1,
11M1111001111111Mtala=1111W11111-1111111;31n.-- WI
1-1 Filed: 07/27/11
Page:
15 of 19 PAGEID
30
Int.
14
Prior U.S.
27

TRADEMARK
PRINCIPAL REGISTER
Reg. No. 1,568, 251

Registered Nov. 28,
1989
BUDWEISER
ANHEUSER-BUSCH, INCORPORATED SOURI CORPORATION)

ST.
(MIS-
FIRST 0-0-1972. OTHERS.

SER. NO.
USE
0-0-1972;
IN
COMMERCE
ONE BUSCH PLACE LOUIS, MO 63118
OWNER OF U.S. REG. Na 1, 506, 060 AND
791, 937, FILED 4-7-4989.
FOR: CLOCKS AND WATCHES, IN CLASS 14 (U.S. CL. 27).
JERI J.
FICKES, EXAMINING ATTORNEY
1-1 Filed: 07/27/11
Page:
16 of 19 PAGEID
31
1715520
11111011Mb II'VR t1iffliI,thIiIHiilUIiWiiUiWU
IIIIII11111.1111J1111t1311111UMIJOIRD11111.1111111aR1111.
PJLIIIME11111111MOWEIVIILMILIIILILI
ummum.r.pzannutimonnillin
voimavamulmanaaw
11% L 1BEtig Writir, L COML,
August 20, 2008

THE ATTACHED U.S. TRADEMARK REGISTRATION 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 for Intellectual Property and Director of the United States Patent and Trademark Office
.L., -11A; (}X

4* <40
'-t,
.1..,
1.4-P1
LANAI JAMISON
Certifying Officer
1,
4-44v,
il:F' -12:, ..i.,
f-
fpn'tilTic--4, .--.?(N_JR.w if-011.7t,4i=',a,, g, -ZnikVIkiP,

t.,
'4.1,2, 4,
4.
-7,
1,-A-
el
-4"...".--yo::
II
'Ian
III
\j)W3V:ar-<
131111111111=11,
11^1111;1711t111111111111[110
I10110-111HIIIMIlr
1-1 Filed: 07/27/11
Page:
17 of 19 PAGEID
32
Int. Cl.: 28
Prior U.S. Cis.:
22, 23,
38 and 50

TRADEMARK
PRINCIPAL REGISTER
Reg.
No.
2, 506, 291
Registered Nov. 13, 2001
BUDWEISER

ONE BUSCH PLACE 202-6 ST. LOUIS, MO 63118
FOR: BOWLING
FIRST USE 6-0-2000; IN COMMERCE 6-0-2000,
SER, NO. 76-146, 902, FILRD 10-13-2000.
BALLS, IN CLASS 28 (U.S. CLS.
22, 23, 38 AND SO).
JASON ROTH, EXAMINING ATTORNEY
1-1 Filed: 07/27/11
Page:
18 of 19 PAGEID
33
1715520
IMIll01112111LIMIWIMBEIBUWILM OW
um
rr
IwmibuflhijjfltoJw
tabm-otrgtvrtomwmigA 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

0$7-4ett 9147
LANM JAMISON
Officer
Certifying
i!Nf- "1NY,
4Q-
-r-1),,
zagukarr,-4
immErathimun
29,Flef
anummommommuummmmnumummanomurrimmunnuniummin
m nurrimmuumminumm
mom
auimiummunlicontimminnmminnum
1-1 Filed: 07/27/11
Page:
19 of 19 PAGEID
34
28 Prior U.S. Cls.: 22, 23, 38 and 50

TRADEMARK
PRINCIPAL REGISTER
Reg. No. 2,627,994

Registered
Oct. 1, 2002
BUDWEISER

BISCUITS, BOWLING BALLS, BOWLING BAGS,

AND FISHING POLES, IN CLASS 28 (U.S. CM. 22,
23,
38 AND
50).
0-0-1989; IN COMMERCE 0-0-1989.
FOR: POOL TABLES, POOL CUES, DARTS, DART BOARDS, GOLF BAGS, GOLF CLUBS, GOLF CLUB COVERS, GOLF TEES, GOLF BALLS, POOL CHALK CASES, GOLF BALL RETRIEVERS, POOL CUE RACKS, ADULT COLLECTIBLE DIE-CAST TRUCKS AND CARS, PLAYING CARDS, HOCKEY STICKS, HOCKEY PUCKS, TACKLE BOXES, GOLF GLOVES, FISHING TOOLS, BALL MARKERS, DIVOT SETS, VOLLEYBALL NETS, BICYCLES, SKI
FIRST USE
OWNER OF US. REG. NOS. 64, 125, 1, 852,499 AND OTHERS. SER. NO. 76-295, 433, FILED 8-3-2001. SCOIT
OSLICK, EXAMINING ATTORNEY
1-2 Filed: 07/27/11
Page:
1 of 4 PAGEID
35
Exhibit B
SLC-6414851-I
1-2 Filed: 07/27/11
Page:
2 of 4 PAGEID
36
Int. Cl.: 20 Prior U.S. Gs.: 2, 13, 22, 25, 32 and 50

TRADEMARK
PRINCIPAL REGISTER
Reg. No. 2,928, 032

Registered
Feb.
22, 2005
I 4riI 11
Ili-64:0'
.7/
or.,,
OWNER OF U.S. REG. NOS.
SOURI CORPORATION) ONE BUSCH PLACE ST. LOUIS, MO 63118
ANHEUSER-BUSCH, INCORPORATED (MIS-
1,443, 856 AND
2, 540, 485.
FOR: NON-METAL KEYCHAINS, IN CLASS 20 (U.S. CLS. 2, 13, 22, 25, 32 AND 50).
S ER. NO.
78-440,905, FILED 6-24-2004.
FIRST USE 1-6-2003; IN COMMERCE 1-6-2003.
ANN E. SAPPENFIELD, EXAMINING ATTORNEY
1-2 Filed: 07/27/11
Page:
3 of 4 PAGEID
37
Int. Cl.: 25
Prior U.S. Cls.: 22 and 39

TRADEMARK
PRINCIPAL REGISTER
Reg.
No. 2,963, 450

June
Registered
21, 2005
WIIIV -iii,
40. .7/. . ./. .0 ..

.2,,,,.

OWNER OF U.S. REG. NO,
1, 360,746.
SER. NO. FOR: CLOTHING, NAMELY SHIRTS, T-SHIRTS AND HATS, IN CLASS 25 (U.S. CLS. 22 AND 39). FIRST USE
78-442,390,
FILED 6-28-2004.
4-14-2003; IN COMMERCE 4-14-2003.
ANN E. SAPPENFIELD, EXAMINING ATTORNEY
1-2 Filed: 07/27/11
Page:
4 of 4 PAGEID
38
Int. Cl.: 21 Prior U.S. Cis.: 2,
13, 23, 29, 30, 33, 40 and 50

TRADEMARK
PRINCIPAL REGISTER
Reg. No. 3, 182, 511

Registered
Dec.
12, 2006
00;t_iit4.) t, to/
f 7,
it
i,,,,
FIRST USE 3-0-2002; IN COMMERCE 3-0-2002.
OWNER 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; ICE 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).
SER. NO,
78-440, 927, FILED 6-24-2004.
ANN E.
SAPPENFIELD, EXAMINING ATTORNEY
1-3 Filed: 07/27/11
Page:
1 of 5 PAGEID
39
Exhibit C
1-3 Filed: 07/27/11
Page:
2 of 5 PAGEID
40
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
ANHEUSER-BUSCH, INCORPORATED, Plaintiff,

v.
CASE NO. JUDGE

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

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

Inc. in this matter.
of the
law firms
3.
representing Anheuser-Busch,
On
July 26, 2011, I traveled to the Dryden Road exit off of Interstate
Ohio. I observed two
75
(Exit 50
A), near downtown Dayton,
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 of Exhibits
Cl
and C2, attached to this Declaration.

4.
The
digital billboard shown traveling

on
in attached Exhibit Cl is oriented to face and be Interstate 75, and the
viewable to northbound traffic
digital
billboard shown in
attached Exhibit C2 is orientated to face and be viewable to southbound traffic

Interstate 75. 5.
traveling on
Exhibits Cl and C2 show content

was
being displayed
billboards
on
on
the
digital
billboards
described above while I
observing these digital
July 26,
2011.
1-3 Filed: 07/27/11
Page:
3 of 5 PAGEID
41
6.
Interstate 75 is
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.
Elizabi
M. O'Connor
1-3 Filed: 07/27/11
Page:
4 of 5 PAGEID
42
Cl2
t1J
W:410 Kr CNc...013, 11
4111 ja.
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42
CD
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{40
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114
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1
TIM le
i
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II
Vt
ri^ihgo Am...
OM
ili^r4mii
1-3 Filed: 07/27/11
Page:
5 of 5 PAGEID
43
1 M11.
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In
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imp
.CD
fil^,.
CI lifFe.--'
IMO
CD
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1..
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er.
11111-7EM
1-4 Filed: 07/27/11
Page:
1 of 2 PAGEID
44
Exhibit D
SLC-6414851-1
1-4 Filed: 07/27/11
Page:
2 of 2 PAGEID
45
ACTION ALERTS
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'BUDWEISER DISTRIBUTOR IS TASTELESS' BILLBOARD HIT DAYTON

July 22,
2011
Budweiser Delivery Drivers Ask Ohio to Tell Budweiser: Destruction of Jobs is Tasteless
Heidelberg's
(DAYTON, Ohio)
two
Teamsters Local Union 957 erected
PRESS CONTAC
large
electronic "Budweiser Distributor is Tasteless"
billboards in Dayton today to protest efforts by

Budweiser distributor
Varney Richmond
Heidelberg Distributing
care to
to abandon
yarneyr@teamsters1oca1957.corn
937-604-3967
its obligation to provide retiree health
loyal
federal labor laws The
longtime employees and to bully employees by violating protecting workers. large roadside billboards read "Tell Budweiser: Heidelberg's Destruction of Ohio Jobs is over $206 million in sales last year, the company
obligation
to
a
Tasteless." Even though Heidelberg recorded

wants to walk away from its
accept Heidelberg is also under investigation by the National Labor Relations Board for violating
federal laws protecting workers by
substandard contract compared to Coke,
provide health care to retirees and force employees Pepsi and Miller distributors in the area.
to
to
attempting
bully and intimidate
workers.
a
"We've made every effort to work with Budweiser's distributor to negotiate
fair contract that
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 positions
the company
as
the
for hard
working Budweiser delivery drivers and warehousemen."
The
in the
dispute could lead to a strike against Heidelberg that delivers to retailers a variety of beers Dayton areaincluding Samuel Adams, Stella Artois and Mike's Hard Lemonadealong
with Budweiser. "Budweiser and "Both of these
companies
Heidelberg generate millions of dollars in profits every year, Richmond said. can afford to provide good jobs that support Ohio families."
begin placing additional billboards around Dayton and
Within the next two weeks, the Local will
other
areas.
The Teamsters Union

men
was
founded in 1903 and
represents
more
than 1.4 million
hardworking
information,
and
women
throughout the
United States, Canada and Puerto Rico. For
more
go to
www.teamster.org.
T US
PRIVACY
SITEMAP
INTERNATIONAL BROTHERHOOD Or TEAMSTERS 2 5 LOUISIANA AVENUE NW, WASHINGTON, DC
202.624.6800

Complaint Budweiser Is Tasteless

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Case: 3:11-cv-00262-WHR Doc

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

CASE NO.: 11-262

INTERNATIONAL BROTHERHOOD OF TEAMSTERS and TEAMSTERS LOCAL UNION 957

Incorporated (Anheuser-Busch), for

Defendants International Brotherhood of Teamsters Local Union 957

("Teamsters Local") (collectively, "Defendants"),

action at law and in

equity for dilution and false advertising arising (the

under the Federal Trademark Act of 1946 well

deceptive trade practices

Ohio Revised Code

et seq.; and defamation

law of the state of Ohio.

JURISDICTION AND VENUE 2.

This Court has

subject matter jurisdiction over Anheuser-Buschs federal claims

pursuant to Section 39 of the Lanham Act, 15 U.S.C.

subject matter jurisdiction over Anheuser-Buschs

law claims pursuant to 28 U.S.C.

Case: 3:11-cv-00262-WHR Doc

This Court has jurisdiction

of the fact that

conducting business in this judicial district.

corporation with its principal

Upon information and belief, Defendant Teamsters

doing business in the

Louisiana Avenue NW,

Upon information and belief, Defendant Teamsters

Local Union 957 is

doing business in and maintaining an office in the

Southern District of Ohio with

principal place of business

Armstrong Lane, Dayton, Ohio, 45414.

Upon information and belief, Defendant Teamsters

with Defendant Teamsters International.

Upon information and belief, Defendants represent drivers

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.

brews the worlds

largest-selling beers, BUDWEISER and BUD LIGHT.

Case: 3:11-cv-00262-WHR Doc

produced, marketed, distributed,

and sold its

universally famous BUDWEISER beer in

this country for

11. Sales of products in connection with the Anheuser-Busch trademarks generate

for Anheuser-Busch. Anheuser-Busch has sold billions of

dollars worth of BUDWEISER beer in the United States.

beverage industry on Fortune magazines list of Americas Most Admired Companies.

of time, money and effort, Anheuser-Busch has forms of advertisement, and

developed many distinctive trademarks, designs,

in connection with its many

and business activities.

THE ANHEUSER-BUSCH MARKS 14. Anheuser-Busch is the

registered and common law

below, these marks

subject of numerous federal registrations covering a wide range of

predecessors in interest have used the BUDWEISER word

continuously in this country since