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ANHEUSER-BUSCH, INC. v. JOHN LABATT LTD.

Nos. 95-2877, 95-2879.

89 F.3d 1339 (1996)

ANHEUSER-BUSCH, INC., Appellee, v. JOHN LABATT LIMITED; Labatt Brewing Company Limited; Labatt's USA, Inc.; Labatt Importers, Inc., Appellants. Anheuser-Busch, Inc., Appellant, v. John Labatt Limited; Labatt Brewing Company Limited; Labatt's USA, Inc.; Labatt Importers, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 8, 1996.

Rehearing and Suggestion for Rehearing Denied August 12, 1996.

Attorney(s) appearing for the Case

Bryon L. Gregory, Chicago, IL, argued (Steven H. Hoeft and Barry A. Short, on the brief), for appellant.

Peter E. Moll, Washington, DC, argued (Joel M. Freed, Edwin H. Wheeler, Richard W. Renner, Frank N. Gundlach and Jordan B. Cherrick, on the brief), for appellee.

Before RICHARD S. ARNOLD, Chief Judge, BOWMAN, Circuit Judge, and JONES, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied August 12, 1996.

BOWMAN, Circuit Judge.

John Labatt Limited and its associated companies (Labatt) are brewers and distributors of beer, including Labatt Ice Beer, in Canada and the United States. Anheuser-Busch (A-B), headquartered in St. Louis, also brews and distributes beer, including an ice beer of its own. The principal issue in this appeal is whether terms such as "ice beer" and "ice brewed" are trademarks...

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