United States
Bilbo's pizza and brewery in Kalamazoo, Michigan also brewed their own form of Duff beer, which had a Homer Simpson tap handle to complete the reference.[17]
On June 1, 2013, Universal Studios Florida began offering officially-licensed Duff Beer in their expanded Springfield area at a replica of Moe's Tavern and a waterfront Duff Brewery.[18] Universal Studios Hollywood also offers licensed Duff Beer products in their Springfield area.[19]
Germany
In Germany the Eschweger Klosterbrauerei, a brewery in Hessen, brewed a Duff Beer under the German Reinheitsgebot, under contract for Duff Beer UG.[20][21] It was distributed in many European countries,[22] and in Australia from 2011.[23]
European Trademark
Duff Beer UG applied for an EU Community Trade Mark (CTM) in 2009, which was opposed by Twentieth Century Fox.[24] In 2011 the Office for Harmonization in the Internal Market decided in favour of Fox, and in 2012 Duff Beer UG appealed to the
European Trademark
Duff Beer UG applied for an EU Community Trade Mark (CTM) in 2009, which was opposed by Twentieth Century Fox.[24] In 2011 the Office for Harmonization in the Internal Market decided in favour of Fox, and in 2012 Duff Beer UG appealed to the European Court of Justice (ECJ).[25]
Twentieth Century Fox had itself been granted a CTM for the logo "Duff BEER" for use in several categories of non-beer merchandise.[26] Fox had applied for the CTM in 1999, but opposition from the makers of "Mac Duff's"-branded wine and spirits delayed the grant till 2006.[26] Fox's CTM was cancelled by the OHIM in 2011,[26] following a 2010 ruling by the Brussels Commercial Court that a "Beer" logo applied exclusively to non-beer merchandise was misleading.[27]
United Kingdom
Daleside Brewery in England makes a beer called Duff.[30] Duff Beer UG's beer is distributed in the United Kingdom as "The Legendary Duff Beer".[31] While news reports of its 2011 introduction mentioned The Simpsons,[32] its own website does not, although it refers to its "iconic packaging" and states "The product has certainly fulfilled its namesake in becoming a modern day legend".[31]
Australia
In the mid 1990s, the Lion Nathan brewery in Australia produced a beer called Duff, which resulted in 20th Century Fox bringing legal action against the company.[33] The product was ordered to be pulled from the shelves and destroyed because of the likely association in public mind between the Simpsons brand and characters and Lion Nathan's product, though the manufacturer did not use any Simpsons characters or the Simpsons Duff Beer design.[23] This version of the beer became a collector's item, with one case selling for US$13,000.[34]
Duff Beer UG's beer was introduced in Australia in 2011.[23]
In May 2014, another incarnation of Duff was launched and sold through the Woolworths chain, but was pulled from Australian shelves on September 8 after a complaint to the Alcohol Beverages Advertising Code adjudication panel was upheld over concerns over the product's appeal to minors.[35]
Chile
The Investigations Police of Chile seized 60,000 bottles of Duff-brand beer in the city of Linares following an intellectual property complaint from 20th Century Fox in March 2013.[37]
Partially due to unauthorized Duff beer in the country, Fox announced plans to sell official Duff beer in Chile starting in early 2016, with plans to expand elsewhere in South America and into Europe. Producing a real Duff beer will allow Fox stronger trademark protections of the Duff name; as a fictional product, it is more susceptible to piracy.[1]
Mexico
In 2006, Rodrigo Contreras, from Guadalajara, Mexico created a business, with the purpose of selling Duff beer. He managed to register the "Duff" trademark in Mexico, as well as the domain name DuffDeMexico.com. Contreras designed the bottle to be identical to the one portrayed on The Simpsons. The bottle can be seen at his website. The beer is currently available at a few bars, but Contreras has stated his intention of selling it at convenience stores and even exporting it to the United States.[38]
This case has been featured on several Mexican newspapers and magazines, but most of them focus on the novelty the beer represents, rather than the legal implications of it. The "Duff" trademark was not registered in Mexico before Contreras registered it; however, Mexican intellectual property law recognizes the concept of "brand notoriety", which states that if any brand is well known by a specific section of the consumers or the industry due to the commercial activities or advertisement done by its owners, they have the right to claim the ownership of the trademark.[39]
Since its inception, the Mexican brand Duff has spread to other countries in Latin-America like Brazil,[40] Chile, Colombia, among others.[41]
France
Duff Beer UG's beer was introduced into France in 2011, though with limited success. Since French television has a strict prohibition on advertising and product placement of alcohol, subsequent broadcasts of The Simpsons have blurred the Duff logo on screen. The name is not censored on the soundtrack, but Duffman was redubbed "Uffman".[42]
New Zealand
While Duff Brewery in Dunedin, New Zealand brewed Duff Beer many years before The Simpsons, after threats of legal action by Fox, they negotiated to rename to McDuff.[43]
Duff Energy Drink
The gift shop of The Simpsons Ride at Universal Studios sells a canned energy drink made by Boston America Corp. that is designed to look like a Duff Beer can. It is also sold at a limited number of other locations, including Five Below, 2nd & Charles,[34] and in the UK at American import stores such as Cybercandy, and Bootleggers.
