Commissioner George P. Bush announces settlement in lawsuit over use of Alamo mark
AUSTIN — Commissioner George P. Bush today announced the United States District Court for the Western District of Texas issued an order confirming the state's ownership of the image of the Alamo and its right to use that image as a trademark. The decision is the result of pending litigation between the Texas General Land Office and two businesses, Alamo Beer Company and Texian Brewing Company, over use of the Alamo mark on the packaging and in advertising collateral.
“I am pleased that we were able to reach an amicable resolution in this matter and that the state's ownership of images of the Alamo has been recognized and protected in the eyes of the court,” Commissioner Bush said. “Use of the image or Alamo mark suggests an affiliation with the historically significant and treasured symbol of Texas liberty, which is prohibited unless licensed properly. This decision ensures that commercial use of the Alamo is protected from improper use in order to preserve the honor of our beloved Alamo."
Use of the word ‘Alamo’ and use of the image, or mark, is differentiated. The state is not opposed to businesses using the word 'Alamo' in connection with products or services, so long as images or insignia such as the roofline design of the Alamo are not used.
In announcing its decision the court declared that the image of the Alamo is famous and has been for more than 100 years. People across Texas and beyond recognize the image as that of the Alamo. Based on the court’s findings and resulting agreement between the parties, the court permanently enjoined and restrained two businesses, Alamo Beer and Texian Brewing, from using an image of the Alamo in connection with their products.
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