Field Theory: It's not yours, but you can have it
45 Responses
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Ha! just realised both my posts today are about "cyclists".
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Dude, change this post's headline. What you've written has nothing to do with copyright.
(And while I have my subediting pants on, it's McDonald's (only one A). Unless you were making a fictional burger joint called MacDonald's in which case that would be a whole other legal issue.)
The best way to help break the radler trademark - use it generically and use it often. "I am enjoying this refreshing glass of Cyclist radler." And use it online.
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It makes one wonder what IPONZ are for if they can't spend 5 minutes googling an applied for trade name that is using a generic term. Anyone with a basic general knowledge might have know that Radler was a style of beer rather than a cool new brand name for Despicable Beer to assault us with.
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Perhaps Emma should have a Randy Radler in her PAStory. It just tastes bitter.
<threadjack>
ETA: You ©odwinned™ your thread in the first word of the title. That's... efficient.
™ Ian Dalziel.
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3410,
DB boycott anyone?
Okay, thats:
Amstel Premium
Budejovicky Budvar
DB Bitter
DB Draught
Double Brown
Erdinger Weissbier
Export 33
Export Dry
Export Gold
FLAME
Heineken
Monteith's
Murphy's
Sol
Tiger
TuiBarrel 51
Barrel 71
Fuse
Vudu -
BenWilson, in reply to
That looks like a beer boycott to me, unless I brew my own.
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Peter Darlington, in reply to
Easiest boycott evah!
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What a crock. Funnily enough, I have never had a (DB verion) Radler as I assumed it was shandy-in-a-bottle (ie 1 or 2% alcohol) when it is actually a 5% brew. So they lost me by advertising it as a radler in the first place, when it wasn't even a 'proper' radler.
My first experience with 'proper' radler was at the Munich Oktoberfest, where my German mate, a Weisn regular, used it as a strategy to get through the day.
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Yeah, my first thought was a boycott (which is what I did for 6 months when I first read about the case years ago). Then I read the last line of the news article :
Costs were awarded to DB, however Morgan [DB's marketing manager] said it would not be asking for SOBA to pay up.
Which I thought quite fair-minded. I still think that radler should not be trade-marked, but it's more IPONZ's fault than DB's.
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Megan Wegan, in reply to
FLAME
Really? They still make that?
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Ok then. So ignore my earlier post almost completely.
Easiest boycott evah!
I didn't mind the Erdinger on tap, but haven't had one for ages, and have had Sol when I couldn't get a Corona (The Powerstation I think has Sol, which you get to drink in a plastic cup, making it all the more pleasurable). The rest I wouldn't know if I was boycotting anyway.
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Hadyn Green, in reply to
FLAME
Really? They still make that?
Oh I used to get SO drunk on those when I was a teenager. Awful stuff, but loads of alcohol.
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Hang on, I went on that Monteith's brewery tour and they themselves explained the whole historical radler cyclist story. Themselves. On their premises. About that beer.
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Megan Wegan, in reply to
Yeah, that's what I mean. I remember it, but I haven't seen it in years.
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Tom Beard, in reply to
Apart from the occasional Monteiths or Erdinger out of desperation, I'm already boycotting all of that on the grounds of crapness.
But let's think positively. Rather than just boycotting DB, let's have carrot mobs at all decent beer bars and drink as much local boutique beer as we can. Fighting corporate arrogance through hard drinking? Hell yes.
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Budvar would be the hardest to forego all the others have a natural boycotability.
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I like what Green Man have done with the name - ("radler" is German for "cyclist")
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Sacha, in reply to
It makes one wonder what IPONZ are for
Reckon.
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Sacha, in reply to
Which I thought quite fair-minded
Just good PR advice. See, it works.
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I am also outraged by this story.
But primarily because you used the term "trademark", rather than the correct term "trade mark".
Luckily I already have my coat in hand and am already halfway to the door.
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Just a thought: does DB own any wine brands, like Lion Nathan does?
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Peter Darlington, in reply to
Fighting corporate arrogance through hard drinking? Hell yes.
Has to be quote of the day, surely?
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There’s a similar trademark issue with ugg boots. ‘Ugg’ is a trademark owned by Deckers Outdoor Corporation in the US, and possibly other countries. Deckers used to claim they owned the trademark in Australia and tried to defend it in court, although they eventually lost. They have successfully defended the trademark in the US.
Here's the IPONZ decision, if anyone is interested.
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jb,
No need for language skills to interpret “Radler” correctly – Wikipedia en gets it spot on.
Interestingly, one of the better vintners over here (home of the Radler) tried to trade mark the generic “porphyry” (look it up….) to differentiate his (exceptionally good) wines grown in that soil type from others. Sort of like trying to trade mark “gravel subsoil”.
A neighbouring vineyard – also growing in porphyry soil – dared to mention the word in the descriptive text on his label, gets sued, wins the case, justice (and common sense) prevails.
Has anyone thought of trying to register “shandy” as a trade mark? Just to test the IPONZ waters…. -
Having read the IPONZ decision today (hey, I was home sick and it is a matter close to my heart, i.e. craft beer) I can see SOBA were always up against it by the rules as they stand.
Proving the trade mark should never have been granted required proof that Radler was a common or genric term in New Zealand in 2003, which unfortunately it wasn't. And saying the trade mark should lapse due to term being in common use now also wouldn't fly, as for almost all beer drinkers the word 'Radler' refers to the Monteith's citrus-flavoured lager, not a shandy-type beer. Unfortuantely the rules don't allow for the use of a word overseas to be part of the decision, it is use in NZ.
So, it's now solely back to DB, in my view. They could do the right thing and surrender the trade mark (as they did with 'Saison' a while back). And publicity and pressure is the way for this to happen. So, item's like tonights lead on Campbell Live were good to see. I'd also boycott any of their products, but I haven't drunken anything on that list since last time I was at Westpac Stadium...
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