BRUCE S. SCHLAFLY, PHYLLIS SCHLAFLY REVOCABLE TRUST, SUCCESSOR-IN-INTEREST TO PHYLLIS SCHLAFLY, Appellants v. SAINT LOUIS BREWERY, LLC, Appellee, 909 F.3d 420

Summary

HOLDINGS: [1]-Substantial evidence supported the Trademark Trial and Appeal Board's ("TTAB's") determination that a brewery was allowed under 15 U.S.C.S. § 1052(f) to register the word mark "SCHLAFLY" for use with various types of beer because it had vigorously promoted its beer under that mark and had created an association between its mark and its goods and the mark had acquired distinctiveness; [2]-Although the mark was the surname of an individual who founded the brewery, no law or precedent suggested that surnames could not be registered as trademarks if they had acquired distinctiveness in trademark use; [3]-Individuals who had the same surname but were not affiliated with the brewery failed to show that their rights would be violated by registration of the brewery's mark.