Number 1. Brewer

MILWAUKEE (AP) -- Number One means everything at Capital Brewery in Middleton.

The craft brewer's individual bottles -- say "America's Number One Rated Brewery" -- and officials are trying to trademark the term.

But Anheuser-Busch disagrees. The world's largest brewer is contesting that claim in court, saying it shouldn't have the exclusive right to use the phrase.

Capital Brewery has used the title since early 1999, when it took the top spot for a U-S brewery in the Beverage Testing Institute's 1998 rankings.

Capital includes the award in its logos.

Brewery president Carl Nolen says customers have associated the phrase with the brewery, so they applied for a trademark in 2005.

Anheuser-Busch says in legal filings the phrase is deceptive and merely a description.

The fight will take months.

A hearing with a trademark appeals board is set for April 2008.

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