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G. HEILEMAN BREWING CO. v. ANHEUSER-BUSCH, INC.

Nos. 88-1223, 88-1309 and 88-1310.

873 F.2d 985 (1989)

G. HEILEMAN BREWING COMPANY, INC., and Miller Brewing Company, Plaintiffs-Appellees, Cross-Appellants, v. ANHEUSER-BUSCH, INC., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 26, 1989.

Attorney(s) appearing for the Case

Robert M. Newbury, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, Chicago, Ill., for defendant-appellant, cross-appellee.

David E. Beckwith, Foley & Lardner, Laurence C. Hammond, Jr., Quarles & Brady, Milwaukee, Wis., for plaintiffs-appellees, cross-appellants.

Before CUDAHY and KANNE, Circuit Judges, and WILL, Senior District Judge.

CUDAHY, Circuit Judge.

Defendant-appellant Anheuser-Busch, Incorporated ("Busch") appeals a judgment declaring that "LA" is not a protectible trademark for a low alcohol beer introduced by Busch in 1984. The district court found that the initials LA are merely descriptive of low alcohol beer and have not acquired secondary meaning. Accordingly, the district court concluded that the use of LA (or "L.A.") by G. Heileman Brewing Company ("Heileman") and Miller Brewing...

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