SOBA FINDS BEER MONOPOLY HARD TO SWALLOW
POSTED BY: Jaws ON: 04 May 2009
DB has objected to use of the term RADLER by Green Man Brewery, a small Dunedin company, in relation to its beer. Given that Green Man’s beer is in fact made in the style known as "radler" (much like a shandy) this would seem rather unfair.
But it gets worse.
DB Breweries in fact has a monopoly in New Zealand in relation to the word "radler" despite the fact that the word is generic. Although trade mark registrations should not be granted for descriptive terms (for example, one trader shouldn’t have the exclusive rights in referring to "soap" as "soap") the mark was accepted for registration by IPONZ who appears not to have identified any problems with the mark when the application was filed in 2003.
In light of this unfair monopoly by DB, James & Wells Intellectual Property has offered the services of its litigation team to support the Society of Beer Advocates (SOBA) Inc in filing an application for invalidity against the trade mark registration for RADLER. James & Wells Intellectual Property offered to assist Green Man Brewery but as they had already capitulated to DB Breweries’ demands they were unable to speak on the matter any further.
See the interview with Ceri Wells on Campbell live here.
So, what do you think – is DB being greedy or just taking clever opportunities?