Field Theory by Hadyn Green

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Field Theory: It's not yours, but you can have it

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  • Hadyn Green,

    Ha! just realised both my posts today are about "cyclists".

    Wellington • Since Nov 2006 • 2090 posts Report Reply

  • Robyn Gallagher,

    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.

    Since Nov 2006 • 1946 posts Report Reply

  • Peter Darlington,

    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.

    Nelson • Since Nov 2006 • 949 posts Report Reply

  • recordari,

    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.

    AUCKLAND • Since Dec 2009 • 2607 posts Report Reply

  • 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
    Tui

    Barrel 51
    Barrel 71
    Fuse
    Vudu

    Auckland • Since Jan 2007 • 2618 posts Report Reply

  • BenWilson, in reply to 3410,

    That looks like a beer boycott to me, unless I brew my own.

    Auckland • Since Nov 2006 • 10657 posts Report Reply

  • Peter Darlington, in reply to 3410,

    Easiest boycott evah!

    Nelson • Since Nov 2006 • 949 posts Report Reply

  • Chris Bowden,

    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.

    Auckland • Since Apr 2011 • 27 posts Report Reply

  • Brent Jackson,

    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.

    Auckland • Since Nov 2006 • 620 posts Report Reply

  • Megan Wegan, in reply to 3410,

    FLAME

    Really? They still make that?

    Welly • Since Jul 2008 • 1275 posts Report Reply

  • recordari,

    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.

    AUCKLAND • Since Dec 2009 • 2607 posts Report Reply

  • Hadyn Green, in reply to Megan Wegan,

    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.

    Wellington • Since Nov 2006 • 2090 posts Report Reply

  • Gareth Ward,

    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.

    Auckland, NZ • Since Mar 2007 • 1727 posts Report Reply

  • Megan Wegan, in reply to Hadyn Green,

    Yeah, that's what I mean. I remember it, but I haven't seen it in years.

    Welly • Since Jul 2008 • 1275 posts Report Reply

  • Tom Beard, in reply to Peter Darlington,

    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.

    Wellington • Since Nov 2006 • 1040 posts Report Reply

  • Rob S,

    Budvar would be the hardest to forego all the others have a natural boycotability.

    Since Apr 2010 • 136 posts Report Reply

  • Ben Cragg,

    I like what Green Man have done with the name - ("radler" is German for "cyclist")

    Auckland • Since May 2011 • 9 posts Report Reply

  • Sacha, in reply to Peter Darlington,

    It makes one wonder what IPONZ are for

    Reckon.

    Ak • Since May 2008 • 19745 posts Report Reply

  • Sacha, in reply to Brent Jackson,

    Which I thought quite fair-minded

    Just good PR advice. See, it works.

    Ak • Since May 2008 • 19745 posts Report Reply

  • ScottY,

    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.

    West • Since Feb 2009 • 794 posts Report Reply

  • Tom Beard,

    Just a thought: does DB own any wine brands, like Lion Nathan does?

    Wellington • Since Nov 2006 • 1040 posts Report Reply

  • Peter Darlington, in reply to Tom Beard,

    Fighting corporate arrogance through hard drinking? Hell yes.

    Has to be quote of the day, surely?

    Nelson • Since Nov 2006 • 949 posts Report Reply

  • Peter Graham,

    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.

    Christchurch • Since Jul 2011 • 39 posts Report Reply

  • 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….

    a.small.town.in.germany • Since Jan 2007 • 86 posts Report Reply

  • Scott A,

    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...

    The wilds of Kingston, We… • Since May 2009 • 133 posts Report Reply

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