In a trademark case that could have broad implications, a federal judge ruled that the state of Texas, as the owner of the Alamo, also owns the image of the shrine and has grounds to challenge business uses that are likely to cause confusion.

The court order signed by Chief U.S. District Judge Fred Biery restricts two beer makers, including Alamo Beer Company of San Antonio, from using images that the Texas General Land Office said infringed on the state's Alamo trademark. Land Commissioner George P. Bush said the decision “ensures that commercial use of the Alamo is protected from improper use in order to preserve the honor of our beloved Alamo.

“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,” Bush said in a statement Thursday.

Under the settlement, Alamo Beer is the first commercial recipient of an official license to use the Alamo mark, “for which they paid a substantial licensing fee,” the Land Office said. “Any and all fees collected for use of the mark will be put in a dedicated fund for the Alamo.”

The controversy began when the Land Office, the state agency that has overseen the Alamo since 2011, intervened in a lawsuit filed last year by Alamo Beer against Old 300 Brewing, which operates as Texian Brewing in Richmond, near Houston.

In its lawsuit, Alamo Beer, citing its federally registered trademark issued Aug. 7, 2012, said Texian committed a trademark infringement with use of an “outline of the Alamo” on its products, website and tap handle knobs in restaurants and bars.

“Texian Brewing’s overall commercial impression through use of the Alamo outline/silhouette is an effort to capitalize on the significant goodwill developed by Alamo Beer since 1997,” the lawsuit stated.

The court order, which took effect Thursday, permanently enjoins and restrains Alamo Beer and Texian from using “any other mark or name confusingly similar” to those trademarked by the state.

That consent order notes that the state has acted to protect 20 registered trademarks, dating to Jan. 10, 2012, from excessive for-profit uses of the Alamo name and images. Through trademarks, the Alamo sells dozens of its officially branded products, from barbecue sauce and bottled water to tie tacks and pickled okra, in the Alamo gift shop, to support operations of the historic site.

Eugene Simor, president of Alamo Beer, said his company does not have to change its label, which has “Alamo” in stylized letters and a silhouette of the Alamo’s iconic church, because it now has a license with the state.

Travis Crabtree, a lawyer who represented Texian, said the company stopped using an Alamo outline on its website, promotional apparel and a “small imprint on the cans” about a month ago, opting instead to use images of cannons on its brand to “celebrate its Texas heritage.”

Crabtree said the company did not feel it infringed on the state’s trademark but chose not to fight the state in court.

Hundreds of businesses, nonprofit groups and others use the Alamo name or image in logos or promotions. In its release, the Land Office said it is not opposed to use of the word “Alamo” with products or services, “so long as images or insignia such as the roofline design of the Alamo are not used.”

But Alamo Cafe, the Valero Alamo Bowl, Alamo Fireworks and dozens of other companies and entities use the Alamo name and outline. Land Office officials said the state agency took action as a result of the lawsuit between the beer makers. It has not made any decisions on how actively it will enforce the Alamo trademarks, officials said.

Crabtree said that based on his reading of the court order, it would not impact other commercial uses of the Alamo image by business owners unless there’s a likelihood of “consumer confusion.”

“If they are trying to represent things in a way that they are made to appear like official Alamo products, then they’ll be next,” Crabtree said.

shuddleston@express-news.net