The King of Rears

Anheuser-Busch, Inc. v VIP Products LLC

U.S. District Court for the Eastern District of Missouri, Eastern Division
October 16, 2008

Judge: Thomas C. Mummert III, U.S. Magistrate Judge

ISSUE: Anheuser-Busch, brewer of Budweiser beer, filed suit against VIP Products, a maker of high-quality durable dog toys, over a product called “Buttwiper,” a dog squeeze toy. Plaintiff’s Budweiser brand has also been extended and licensed to producers of various non-beer products including dog collars and leaches. The key issue is that defendant’s product took the form and shape of a Budweiser beer bottle and was intended to be, according to the plaintiff, “a knock-off of a beer bottle label.” Plaintiff sought an injunction to prevent defendant’s product from being sold and also sought damages.

SURVEY EXPERT. George Mantis, president of the Chicago-based Mantis Group and a well-known survey expert, was retained by the plaintiff. He designed and conducted a mall intercept survey (9 venues; 327 interviews). He sought to prove if the defendant’s product, “Buttwiper,” is likely to cause confusion with the plaintiff’s Budweiser brand.

RESULTS: While the numbers were not reported in the case document, it was apparent that respondents in sufficient percentages revealed substantial levels of confusion.

REBUTTAL ARGUMENTS: The defendant didn’t retain anyone to critique the Mantis survey.

RESOLUTION: Court issued an injunction prohibiting the defendant from marketing the “Buttwiper” product. Court, however, did not rule for the plaintiff for damages resulting from alleged dilution or blurring.

SUBJECTIVE OPINION: A superb survey effort by Mantis — outstanding (textbook) example mall intercept protocol with regard to respondent screening process, use of controls, etc..