News & Publications
Find our latest news and analysis here. From the daily Newsstand to the Quarterly Journal, we cover the full breadth of intellectual property law.
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.
Broadcast Opportunities
Looking for opportunities to get published? Submit your work to the AIPLA Quarterly Journal or AIPLA Innovate Magazine.
Exhibitor and Sponsorship Opportunities
Highlight your brand at a premier intellectual property law event, webinar, podcast, or in one of our publications.
For rates, availability, or additional details, click here or contact:
Meghan Donohoe
COO
American Intellectual Property Law Association (AIPLA)
T| +1.703.415.1343
E| mdonohoe@aipla.org