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IN RE BOSTON BEER CO. LTD. PARTNERSHIP

United States Court of Appeals, Federal Circuit (1999) | 198 F.3d 1370

3 min read

TL;DR: A brewery sought to trademark the phrase "The Best Beer In America." The court refused, holding that the phrase is so highly laudatory and descriptive that it is incapable of functioning as a unique brand identifier and acquiring trademark protection.

Legal Significance: This case establishes that common, laudatory phrases constituting trade puffery may be so inherently descriptive that they are incapable of acquiring the secondary meaning necessary for trademark registration, as competitors must remain free to use such claims of superiority.