It's still `America's Oldest'

U.S. patent office backs Yuengling in challenge from Canada's Molson

``America's Oldest Brewery'' has turned back a challenge to its slogan from one of the continent's brewing giants, Molson Breweries of Toronto.

The U.S. Patent and Trademark Office Tuesday ruled that D.G. Yuengling & Son Inc. can continue to use the slogan on its beers and novelty items because the term ``America'' for most of this country's beer buyers means the United States not Canada or Mexico, or South America either.

``There was no question in my mind that we couldn't use the slogan. We really are America's oldest brewery,'' said fifth-generation owner Richard L. Yuengling, Jr.

``You can't trademark something you are not,'' he said. ``Either you are or you aren't, and we are.''

Beginning in 1957, the brewery began using its slogan on beer, posters, steins and clothing. Yuengling remembers the slogan already in general use when he began working for the family business in 1958.

Nevertheless, Molson, which has continuously operated in Canada since 1786 212 years compared to Yuengling's 169 opposed Yuengling 1993 application for federal registration of its trademark slogan.

``That floored me,'' Yuengling said, who has traveled to Philadelphia on several various occasions to give depositions in the years-long battle. ``They are not even an American brewery, which is what amazed me.''

Molson claims to be ``North America's oldest brewery'' and that the term ``America'' in Yuengling's slogan also refers to the continent.

Molson argued that the ``misdescription'' on the Yuengling beer likely affects buying decisions, according to U.S. Department of Commerce records. Molson, which has the option to appeal the case to a federal court, did not immediately return calls to The Associated Press on Tuesday.

Yuengling however, is not concerned. ``If they do, I am not worried about it.'' he said.

``These guys (Molson) have lawyers working for them 24 hours a day,'' Yuengling noted. ``It gives them something to do in my opinion.''

Federal trademark officials sided with Yuengling, noting that although the dictionary definition of ``America'' includes North or South America, it is a term most often made in reference to the United States.

More important, Molson failed to prove that U.S. consumers would equate ``America'' to ``North America,'' they said.

``While (Molson) may argue that `at least some' people would be likely to equate the term `America' with `North America' and thus be deceived ..., we find no basis for concluding that there would be a significant number of consumers who would not recognize the difference between the claims of the two breweries,'' they said.

Molson also consistently uses the term ``North America,'' not ``America,'' in its advertising and labeling, and points out that its beer is Canadian in origin, trademark officials wrote in their Oct. 30 ruling.

Yuengling's claim has been recognized when its Mahantongo Street brewery was placed on the Pennsylvania Inventory of Historic Places and the National Register of Historic Places.

The company has had a recent boom in business with sales that have tripled since 1990, even as it slashed its distribution area. It expects to sell almost 400,000 barrels this year. The production translates into 145.8 million 12-ounce beers and $25 million in sales annually.