Important Victory in Italy for Dutch Brewery Bavaria in Trademark Battle

By Bavaria N.v., PRNE
Thursday, March 3, 2011

LIESHOUT, The Netherlands, March 4, 2011 - The Italian Court of Appeal in Torino has put an end to the
trademark conflict between the Dutch brewery Bavaria and the Bayerischer
Brauerbund (BBB). After more than 6 years of litigation, today Bavaria has
finally won this battle. This victory in Italy is the next positive decision,
after Bavaria's recent victories in Australia and Spain and the positive
decisions of the European Court of Justice in Luxembourg.

(Photo: )

Legal background

With this landmark decision, the Court of Appeal of Torino
held that the Bavaria figurative trademarks registered in Italy between 1971
and 1995 have all been validly registered and their use in Italy by Bavaria
for its Dutch beer may continue notwithstanding the registration in 2001 of
the geographical indication ("PGI") Bayerisches Bier. The Court ruled that
all Bavaria trademarks have priority over the PGI, have been registered in
good faith and are not affected, in view of their overall appearance and of
their use, by any grounds of invalidity or forfeiture, and in particular are
not deceptive for Italian consumers. This implies that Bavaria can continue
to sell in Italy its Bavaria Holland beer with no impediment from
registration of the PGI Bayerisches Bier.

Important victory

Peer Swinkels, boardmember of Bavaria, commented: "We
appreciate the fact that the Italian court held that Bavaria's figurative
trademarks in Italy have all been validly registered. This conclusion is a
great support to building our brandname and to enhancing the perception of
quality of our Bavaria-brand. We can now concentrate on our business
worldwide, also in Italy where we have a very strong position in the imported
beer market."

Bavaria worldwide

In its 300-year-old history, Bavaria has developed from a
small brewery in the south of Holland into an international player. Nowadays,
Bavaria is Europe's biggest independent brewery. Sixty-five percent of the
six and a half million hectolitres of beer is exported. Last year Bavaria
started a rigorous operation to launch a new brand identity worldwide. After
the launch in Holland, this year the new brand identity will be rolled out in
130 countries.

As an independent family owned company Bavaria has gained
leading positions in niche markets, for example with Malt Drinks in the
Middle-East. Except for the beer Bavaria is internationally known for their
surprising commercials starring famous actors such as Mickey Rourke. Besides
that Bavaria is famous for the Formula-1 event Bavaria Moscow City Racing,
but also for remarkable WK-gadgets, such as the orange DutchDress during the
Worldcup in 2010. In 2010 Bavaria won the award for Best Marketing Effort in
Holland, which was presented at the prestigious NIMA Awards.


For more information please contact: Bavaria N.V., Inge van der Heijden, inge.van.der.heijden at, +31-499-428-505

will not be displayed