Anheuser-Busch Inc., the maker of Budweiser Beer, is suing the International Brotherhood of Teamsters and one of its local chapters for trademark infringement and disparagement.
The unit of Anheuser-Busch InBev NV (ABI) alleges in the suit, filed July 27 in federal court in Dayton, Ohio, that the union invoked the brand while publicizing a dispute with a regional beverage distributor, Heidelberg Distributing Co. According to the suit, the Teamsters took out advertisements on two back-to-back billboards that said, “Tell Budweiser Heidelberg’s Destruction of Ohio Jobs Is Tasteless.” The St. Louis-based brewer claims the signs are false and disparage the Budweiser trademark. The company seeks both injunctive relief and damages.
Heidelberg is neither owned nor controlled by Anheuser- Busch, according to the complaint.
Gary Rutledge, Anheuser-Busch’s general counsel for North America, said the company “will aggressively challenge any action like this that sends a wrong and undeserved message to consumers.” The Teamsters’ general counsel, Brad Raymond, through a spokesperson, described the suit as without merit and declined to comment further. A Heidelberg representative didn’t immediately return a call seeking comment.
The case is Anheuser-Busch Inc. v. International Brotherhood of Teamsters, 11-262, U.S. District Court for the Southern District of Ohio (Dayton).
Patent
Lilly Wins Appeals Court Ruling in Strattera Patent Case
Eli Lilly & Co. (LLY), the world’s biggest maker of psychiatric drugs, won an appeals court ruling in its effort to block generic versions of attention-deficit treatment Strattera. The U.S. Court of Appeals for the Federal Circuit in Washington on July 29 overturned a judge’s decision finding Lilly’s patent invalid and remanded the case to the lower court for further proceedings. The patent expires in 2017. Strattera, known by its chemical name atomoxetine hydrochloride, generated sales of $577 million last year for Indianapolis-based Lilly. The company had won an order that prevented drugmakers including Mylan Inc. and Teva Pharmaceutical Industries Ltd. (TEVA) from entering the market with a generic version until this appeal was decided. Lilly General Counsel Robert A. Armitage said in an e-mail that the company was pleased with the ruling and “remain confident that the patent is valid and enforceable.”
Mylan spokesperson Michael Laffin didn’t immediately return a call seeking comment. Teva spokeswoman Denise Bradley declined to comment.
The case is Eli Lilly & Co. v. Actavis Elizabeth LLC, 2010- 1500, U.S. Court of Appeals for the Federal Circuit (Washington). The lower court case is Eli Lilly & Co. v. Actavis Elizabeth LLC, 07cv3770, U.S. District Court for the District of New Jersey (Newark). For more, click here.
Rovi Sues Hulu Over Patents for Interactive TV Functions
Rovi Corp. (ROVI), a provider of digital home-entertainment products, sued online video service Hulu LLC alleging infringement of patents for interactive television functions and seeking unspecified damages. Rovi, formerly known as Gemstar-TV Guide International Inc., contends that Los Angeles-based Hulu is wrongly using protected technology for electronic programming guides, according to a complaint filed July 28 in federal court in Wilmington, Delaware. “Rovi invests significant resources” in development of its guides and related inventions for digital video streaming technologies, the Santa Clara, California-based company said in court papers.
Rovi was formed when Macrovision Corp. acquired Gemstar-TV Guide in 2008, according to the complaint. Rovi reported $541.5 million in sales last year, according to data compiled by Bloomberg News.
The company “leads the digital entertainment industry in the development and improved functionality of guidance systems for TVs, recorders, set-top boxes and other devices,” according to the complaint.
Read more at http://www.bloomberg.com/news/2011-08-01/anheuser-busch-lilly-rovi-corp-google-facebook-intellectual-property.html