Schlafly has been in a trademark... (Associated Press) 
 
 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. 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. On behalf of his 89-year-old mother, Far Hills attorney Andrew Schlafly is asking the U.S. Patent and Trademark Office to deny the request, in part to protect her career and reputation. "There are tens of millions of Americans who oppose alcohol," said Andrew Schlafly, a New Jersey lawyer who represents his mother in the matter. Alcohol, he said, has a connotation that is opposite of the conservative values on which his mother has staked her six-decade reputation. 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. 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. Phyllis is a Schlafly by marriage, not birth: Her late husband, John, who died in 1993, was a brother of Tom Schlafly’s father. Andrew Schlafly, who has lived in New Jersey with his wife for 30 years, said there was another reason for the trademark objection, which was filed in September 2012. Twenty years later, the St. Louis-based brewery has continued to expand, and now the private equity firm that is majority owner wants to trademark "Schlafly" to protect its brand. "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. The brand popularized craft brewing and has helped Boston Beer Company become one of the largest U.S.-owned breweries in the country, producing nearly 3 million barrels a year. "The bigger you are, the more likely you are to have other people copy you," he said. 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.
– Schlafly is a familiar name for craft-beer lovers: The St. Louis, Missouri-based brewery has been brewing under that label for 20 years. But the private equity firm that bought a majority of the brewery in 2011 wants to see "Schlafly" trademarked, and that's opened up a can of worms of the familial variety. And it's a prominent family at the heart of the mess: That of 89-year-old conservative activist Phyllis Schlafly, who the AP describes as famed for her campaign to defeat the Equal Rights Amendment in the 1970s, and whose nephew, Tom Schlafly, began brewing under the family name, without conflict, many years ago. Phyllis Schlafly petitioned the US Patent and Trademark Office to reject the request some 18 months ago, as did her son Andrew Schlafly. He tells the Star-Ledger the name wasn't so much an issue "when the business was in the family" (a reference to the private equity firm, Sage Capital; Tom Schlafly has stayed on as chairman of the board for the brewery) but nonetheless points out that booze is associated with values his mother has fought against, and says supporters assume she's tied to the beer. Settlement talks continue, notes the AP, with the trademark office being asked to determine whether Schlafly is primarily a last name or a commercial brand that deserves legal protection. Two interesting factoids: Schlafly was the 44th largest craft brewery in the country last year, and Phyllis is a Schlafly by marriage, not birth.