On Wednesday, Georgia conservative Seth Weathers, the former director for Donald Trump's 2016 campaign in the state, launched a controversial new beer brand, "Ultra Right Beer," as a rightwing-friendly alternative to Bud Light.

Bud Light and its parent company Anheuser-Busch has recently received a backlash from rightwing consumers after offering a sponsorship deal to trans influencer Dylan Mulvaney. What Weathers is offering is "an alternative" for conservatives who feel betrayed and alienated from the brand, he told Newsweek.

But critics on social media have pointed out the fact that Anheuser-Busch owns another brand that contains the word "Ultra" in its name, Michelob Ultra—something that might potentially lead to legal problems for Weathers.

"You can't use 'Ultra' in the name of your '$35 for 6 cans' beer. A little company called Anheuser Busch is super litigious about it lol," wrote a Twitter user. At the moment, the price of 6 cans of "Ultra Right Beer" is set at $19.99. The beer, which will be sold solely online, will become available as of May.

Jessica Litman, a law professor at the University of Michigan, told Newsweek that while Anheuser-Busch could potentially make a copyright complaint, it's unlikely that it will do so—also to avoid giving Weathers more publicity.

"I don't know how serious Mr. Weathers is about his beer," Litman said, pointing out that Weathers does not appear to have applied to register either "ULTRA RIGHT" or "AMERICAN DAD's ULTRA RIGHT 100% WOKE-FREE" for any product.

"That said, 'Ultra' is a common descriptive word, and there are more than 4000 trademarks and trademark applications that incorporate the term. Anheuser-Busch doesn't own the word on its own," she added.

Litman said that what we should be looking at, in terms of copyright, is whether "Ultra Right Beer" will be packaged or marketed "in a way that makes it likely that consumers would be confused about whether his beer is the same as or affiliated with Michelob."

At the moment, the packaging—which will come in patriotic red-white-and-blue cans—looks nothing like the Michelob trade dress. "So assuming he sticks with that can design, Anheuser-Busch doesn't have much to complain about. Of course, they might complain anyway," she added.

"Sometimes trademark lawyers complain even if their claim is marginal, because they would like as much apparent exclusivity for their mark as they can acquire, and sometimes the people they complain to agree to stop the behavior they complain about. For example, Sweet Green renamed its chipotle chicken bowl after an ill-founded complaint from Chipotle because it wasn't worth the trouble and expense to fight. If Anheuser Busch does complain, I expect that Mr. Weathers would love that, because it would give his beer more media attention."

Newsweek has contacted Anheuser-Busch for comment by email.

Uncommon Knowledge

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

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