Appeal filed over 'Bushwacker' drink trademark

PENSACOLA, Fla. (WALA) - If you're familiar with Pensacola Beach, chances are you've seen Bushwackers pretty much everywhere.

Many businesses on the beach serve their own distinct take on the popular alcoholic drink, but an ongoing lawsuit over the rights to the name continues.

Beverly Campbell, co-owner of the Sandshaker, said the situation began around 2005 when they tried to hold a musical event on the beach using the Bushwacker title.

She said they were then told by Capt'n Fun owners, who own the trademark, that they couldn't.

Campbell and the other owner then filed a lawsuit.

"We feel like we've used the word Bushwacker first. We've had music events all along since 1977. Those have been associated with the word Bushwacker so we should have every right to use that," Campbell said.

The rights were ultimately awarded to the owners of Capt'n Fun, but the Sandshaker Lounge filed an appeal Tuesday, March 12, 2013.

Campbell said she's afraid that the owners of the trademark might sell the name, taking the rights away from the beach.

"If anyone has a right to it, the Sandshaker does. If it doesn't go in our favor, I hope no one gets it and everyone can share it. It's about keeping it here on Pensacola Beach," Campbell said.

Tom Carmichael, co-owner of Capt'n Fun, said he feels the right decision was made in the case.

"We feel good about our position. We're friends with everyone on the beach, and we're glad that almost every single bar on Pensacola beach serves the Bushwacker." Carmichael said.

Carmichael said that Campbell's fears that Capt'n Fun would sell the trademark are unfounded, and they've never considered doing so.

"It's ludicrous. There's nothing behind that at all and that was never our intent. We've hosted the festival for 26 years and there's no plans to change that," Carmichael said.

The appeal is set to go in front of U.S. District Judge Casey Richards.