DB wins its battle over Radler beer
NICK KRAUSE
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DB Breweries has won a long running trademark case over the use of the name Radler on one of its beers.
The brewery took action in 2008 against Dunedin-based Green Man Brewery, saying its use of the name was a trademark breach.
DB trademarked "radler" in 2003, two years after its Monteith's Radler hit the market.
But internationally radler is a term (cyclist in German) dating back to the 1920s to describe a shandy-style light beer, usually about 2.5 per cent alcohol by volume, of Bavarian origin.
The southern brewery was forced to relabel its beer "Green Man Cyclist".
The Society of Beer Advocates (SOBA) applied to have DB's trademark revoked, arguing that Radler was a generic term for a style of beer, something which DB had long rejected.
But following a three day hearing, the Intellectual Property Office has decided DB's trademark should not be cancelled.
''We didn't do it to prevent competition or restrict consumers access to different types of beer products, DB general manager marketing, Clare Morgan said in a statement.
''Our trade mark has never stopped shandy or lemon or lime flavoured beverages being made by local brewers under their own brand name.''
SOBA said the finding was ''extremely disappointing''.
"Imagine a firm registering the term 'Muesli' when used to describe cereal or 'Jalapeno' when used to describe hot sauce," SOBA's secretary Greig McGill said.
"Our stated position has always been that we do not think that any brewery should own the name of a beer style.
Costs were awarded to DB, however Morgan said it would not be asking for SOBA to pay up.
DB began producing Monteith's Radler in 2001 and trademarked the Radler name in 2003.
Ironically, while Green Man Radler is true to style, Monteith's Radler is not. At 5 per cent alcohol by volume, it is twice the strength of a genuine radler.
- © Fairfax NZ News
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To me this is like going to Germany, making up some fitness craze, and calling it Haka - and then trademarking it.
DB have done the same thing just in reverse. Defending themselves in court was a stupid move.
Excellent coments, but to show our support to greenman, let's only buy their brand. If db is trying to get rid off the competition. Well a simple solution to defeat db. Buy only green man. At the end the numbers are always true.
Greenman must be celebrating after getting all this publicity thanks to DB. They will be talking themselves up next time they try and flog this product in a New World or Liquorland. Just a shame they haven't got the marketing or resources that companies such as DB or Lion have to help the retailer. At the end of the day the market has spoken and Monteiths Radler is one of the best selling skus in supermarkets and specialist stores. Build a bridge and get over it, if you want to fight back bring something to the market that works!!
I like Monteith's; I particularly like their Radler. But this is such a dumb decision. Wrong, wrong, wrong. I look forward to trying a bottle of Cyclist.
@CP #208. Good point. I'm not going to trademark the term 'beer'. You guys can feel free to make your own fermented hop beverages. Just don't market them under my brand name or I'll sue your arses.
I'd love to see someone (not DB) successfully trademark Lager.
Here is a handy list of DB products you may or may not want to continue purchasing:
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 Tui Barrel 51 Barrel 71 Fuse Vudu
For crying out loud! It is not a beer style, it is a mixed drink. Beer with lemonade. Just like Rum and coke. Would you call rum and coke a 'rum style' as in dark or light?
I've been boycotting DB since this issue came up years ago and I will continue to do so. 95% of their beer is the same swill with a different label, so not missing it either. The smaller production beers generally are much more interesting. Off to trademark "ale", "bread", and "muesli" - lol! The best part is DB's Radler (TM) isn't even a radler by definition. Looks like the old crusties at the IPO wouldn't know an ale from a lager.
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Made a point of identifying all DB beer products, so now I know what not to buy. Boycott time. Come on DB get your head out of your PC arse