The St. Louis Brewery has been trying since 2011 to register their brand name—Schlafly Beer—as a federal trademark, but it hasn’t been easy. Due to protest from Phyllis Schlafly, a longtime conservative activist and the aunt (by marriage) of St. Louis Brewery chairman Tom Schlafly, the St. Louis Brewery must now proceed to a courtroom trial, where they will have to prove the validity of their trademark as being more than “merely a surname” under the regulations of the US Trademark Act.

In her opposition, Phyllis Schlafly contends that “Schlafly” is primarily a surname and “has the connotation of conservative values, which to millions of Americans (such as Baptists and Mormons) means abstinence from alcohol. An average consumer … would think that ‘Schlafly’ is a surname associated with me, and thus the registration of this name as a trademark should be denied.”

“I have had the surname Schlafly longer than anyone who is challenging our right to the trademark,” says Tom Schlafly, who is the company’s largest individual shareholder after a 2012 sale of the majority stake to a group of 13 local, private investors. “This dispute does not affect our ability to brew and sell Schlafly Beer. The only legal or practical consequence of registering this trademark is to prevent someone else from selling beer under the name Schlafly. We currently possess extensive intellectual property rights to the name Schlafly—registering the trademark simply strengthens the rights we already have.” ■