Beer advocate froths over brewery's action
BY BRUCE HOLLOWAY
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Beer drinkers are being urged to boycott DB products in reprisal for the multinational company taking trademarking action against a tiny organic Dunedin brewery.
Hamilton-based spokesman for the Society of Beer Advocates, Greig McGill, made the call after DB lawyers served papers on Green Man Brewery, barring it from using the longstanding international beer term "radler" to describe its radler beer.
DB trademarked "radler" in 2003, two years after 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.
Under the Intellectual Property Office's own rules on customary use, it should never have been trademarked.
But Green Man cannot afford a protracted legal fight with a major brewery, and is now marketing its radler as "Green Man Cyclist".
However, Mr McGill wants beer drinkers to help even up the slate in this David and Goliath contest by hitting DB sales.
"DB has trademarked a word describing a style of beer and is using that trademark to bully small-batch craft brewers such as Green Man who wish to bring their own, more authentic, interpretations of the style to market," he said.
"DB is taking advantage of the lack of education about beer styles in general in New Zealand. It has been brought about by living in a country dominated by two breweries, where nobody knows what a radler is.
"This then allows DB to go to the Intellectual Property Office (Iponz) and say `we want to trademark this'. No-one at Iponz knows any better, then four years later DB starts using that as a weapon, which they should never be allowed to do."
Mr McGill wants beer drinkers to put the heat back on DB just as they did in 2000, when the brewery was forced to backtrack on plans to close the Monteith's Brewery in Greymouth after a public outcry.
"As soon as beer lovers, or even general beer drinkers, see what is being done, they will realise it is a pretty dirty tactic and, hopefully, boycott DB."
Mr McGill compared the situation to that of one vineyard obtaining a trademark on a grape variety such as chardonnay, and threatening legal action against anyone describing their wine that way.
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.
Clare Morgan, DB's marketing manager, said the brewery was concerned about any suggestion drinkers boycott any of its products.
"Our consumers remain as passionate about our brands as we do," she said. "We believe they are capable of making their own decisions about what they do and don't buy."
She said DB had worked hard and invested heavily in popularising its beer brands, with Monteith's Radler one of its most popular variants over the past eight years.
"Like any other business, we are entitled to protect our trademark, the brand and our investment, which, as I say, has been significant.
"That issue has been resolved and Green Man and DB Breweries have moved on."
Green Man manager Jeremy Seaman was more reserved.
"I would like to make some comments but, as you can guess, we don't want to open ourselves to more lawyers' letters from DB."
- © Fairfax NZ News
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