Back off, Bud

<editor's note>
From the New Hampshire Union Leader January 7, 2003
</editor's note>

LITTLE OLE Caught-On-Bleu brewery in Franconia has brought the wrath of brewing 
Goliath Anheuser-Busch down upon its tiny head by naming one of its beers after 
famous Herman Melville character Billy Budd. Anheuser-Busch claims it is afraid 
that consumers will get the two brands confused. 

Anheuser-Busch's lawsuit smells to us like a corporate bully trying to squash 
competition rather than a justified copyright infringement suit. Copyrights, 
patents and trademarks are immensely important in American commerce, and 
Congress has wisely seen to it that they are protected by law. But sometimes 
owners of copyrights, patents and trademarks abuse them, which unfairly harms 
legitimate competitors. 

Caught-on-Bleu has named one of its beers Billy Budd Classic American Ale, a 
take-off on Melville's novella "Billy Budd, Sailor, a classic American tale." 
Good thing for them Melville's been dead for more than a century and his 
copyrights have run out, or they may have two lawsuits on their hands. 

Anheuser-Busch, which brews Budweiser, says beer consumers will confuse 
Budweiser and Billy Budd Classic American Ale. We find this scenario 
virtually inconceivable. First, the names are only remotely similar, in that 
they share one syllable. Second, Budweiser is a lager. Billy Budd Classic 
American Ale, obviously, is an ale. Beer drinkers know the difference. Third, 
the packaging makes the two brands look entirely different. Chimpanzees could 
probably tell the two apart. Fourth, Billy Budd Classic American Ale is a 
small, local brand which no one of standard mental capacity would confuse with 
such a universally recognized symbol and household name as Budweiser. 

Anheuser-Busch's lawsuit against Caught-On-Bleu makes it look like the type of 
corporate brute everyone hates. It surely will cost the company more good will, 
and sales, than consumer confusion over the name of Billy Budd Classic American 
Ale ever would.

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