ST. LOUIS (AP) — To many older Americans, the Schlafly
name is most closely associated with Phyllis Schlafly, the conservative
commentator known for her campaign to defeat the Equal Rights Amendment
in the 1970s.
A younger generation knows Schlafly as the brand of an up-and-coming St. Louis brewery co-founded by
Schlafly’s nephew.
Now
the federal agency that oversees trademarks is being asked to wade into
a dispute within the prominent family and decide whether Schlafly is
primarily a last name or a commercial brand that deserves legal
protection.
With a growing national profile and new owners who
might want to expand, the brewery started by Tom Schlafly more than two
decades ago is seeking a trademark that would give it the exclusive
right to use the Schlafly name to sell craft beer. But Phyllis Schlafly
has asked the U.S. Patent and Trademark Office to deny the request, lest
any implied association with beer sully her 60-year political career.
"There
are tens of millions of Americans who oppose alcohol," said Andrew
Schlafly, a New Jersey lawyer who represents his mother in the matter.
"Certainly alcohol has a connotation that is the opposite of
conservative values."
Phyllis Schlafly, now 89, lives in a St.
Louis suburb and continues to lead the Eagle Forum, the group she
created to prevent ratification of the proposed constitutional amendment
on women’s rights. These days, the forum fights issues such as same-sex
marriage and federal education standards.
Her official biography
touts Schlafly as a "leader of the pro-family movement" and "successful
opponent of the radical feminist movement." Her daily, syndicated radio
commentaries are heard on more than 500 stations. She’s written 20 books
and continues to produce a monthly newsletter and a syndicated
newspaper column.
Schlafly, who is not involved in the beer
company, did not respond to several telephone messages seeking comment.
Andrew Schlafly said his mother, who like her beer-making nephew is a
lawyer, was speaking at the Conservative Political Action Conference
last week and was not available for an interview. She is a Schlafly by
marriage, not birth: Her late husband was a brother of Tom Schlafly’s
father.
Andrew Schlafly has filed his own papers opposing the
trademark. So has brother Bruce, an orthopedic surgeon in St. Louis.
Each petition asserts that the word Schlafly when standing alone "has no
usage or meaning other than as a surname."
Phyllis Schlafly’s
petition says supporters commonly assume she’s connected to the beer
company. Dr. Bruce Schlafly says his patients make the same mistake.
Nearly
18 months after Phyllis Schlafly filed her complaint, settlement talks
continue. The brewery filed its application in 2011, not long before
Schlafly and his partner, Dan Kopman, sold a majority of the brewery to
Sage Capital LLC, a local private equity firm.
"I would like to
get this settled and move on with selling beer," said Tom Schlafly, who
remains the company’s largest shareholder and its board chairman.
Schlafly
beer is brewed in downtown St. Louis and in suburban Maplewood by the
St. Louis Brewery Inc. The company produced 56,000 barrels of beer in
2013, making it the 44th largest craft brewery in the country, according
to industry tallies.
As the company explores entry into new markets, the new ownership group decided to take steps to protect
its brand.
"If
we’re going to make a significant investment and build the brewery, we
want to add this," Tom Schlafly said in an interview at his downtown law
office overlooking the Gateway Arch. "The bigger you are, the more
likely you are to have other people copy you."
Opposition to the
trademark may not be limited to members of Schlafly family.
Anheuser-Busch has been given an extension through early April to file
its own protest. Spokeswoman Lisa Weser said the makers of Budweiser
have yet to decide on the issue but are keeping their options open.
"As
the largest St. Louis brewery with more than 150 years of heritage in
the city, we believe ‘The Saint Louis Brewery’ should not be trademarked
by any one brewer," she said in a written statement.
Tom Schlafly
declined to discuss the legal issues raised in the trademark dispute.
He said the flap has not spilled over into a full-blown family feud and
that he remains friendly with his aunt and cousins, whom he typically
sees once or twice a year at holiday gatherings or weddings.
Nor does Schlafly want to insert his business into a political squabble.
"She
has fans and critics," he said. "I want to sell to both of them. The
last thing I want to do is antagonize her followers because I hope they
drink Schlafly beer, too."
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