Schlafly brewery in trademark war with conservative activist Phyllis Schlafly
Most of the older Americans associate the Schlafly name with Phyllis Schlafly, the conservative commentator recognized for her campaign to defeat the Equal Rights Amendment in the 1970s, whereas the younger generation knows Schlafly as an up-coming brewery in St. Louis co-founded by Schlafly’s nephew. The federal agency that looks into trademarks is being asked to look into the family dispute and determine whether Schlafly is basically a last name or a commercial brand that requires legal protection.
With the growing popularity of the brewery and the new owners who want to expand the business, Tom Schlafly, the proprietor of the brewery is seeking to trademark the Schlafly name that would give it the privileged right to use the name to sell craft beer. Phyllis Schlafly has, on the other hand, asked the U.S. Patent and Trademark Office to deny the trademark request, stating that people commonly assume that she is connected to the beer company.
Andrew Schlafly, a New Jersey lawyer who represents his mother in the matter said that there are millions of Americans who oppose alcohol and that such a naming would be opposite to the conservative values that his client represents.
Phyllis Schlafly, who is 89, currently leads the Eagle Forum, a group established by her to prevent ratification of the proposed constitutional amendment on women’s rights. The organization is now associated with a legal fight against same-sex marriage and federal education standards. Her organized radio commentaries are heard on more than 500 stations daily. There was no comment from Phyllis Schlafly regarding the matter.
Andrew Schlafly as well as his brother Bruce, a St. Louis surgeon has filed their own papers protesting about the trademark. Both of them assert that the word Schlafly had no meaning when standing alone other than a surname.
The application to trademark the word was first filed in 2011, before Schlafly and his partner, Dan Kopman, sold a major part of the brewery to a local private equity firm named Sage Capital LLC. The talks for reaching an amicable settlement continues even after 18 months after the complaint was filed by Phyllis Schlafly. Tom Schlafly, who is the company’s chairman and the largest shareholder said that he would like to settle the matter as soon as possible and move on with selling beer.
Schlafly beer is produced in downtown St. Louis and in suburban Maplewood by St. Louis Brewery Inc. and it is considered to be the 44th largest craft brewery in US producing nearly 56,000 barrels of beer in 2013.
Tom Schlafly said that he remains friendly with his aunt and cousins despite the legal proceedings and he sees them usually once or twice a year at family gatherings.
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