A North Island intellectual property law firm's pro-bono offer to help get the generic beer-style term radler struck off as a registered trademark, taking on DB Breweries in the process if necessary, has been welcomed by the small Dunedin brewery ordered to stop making radler-style beer by the giant brewery earlier this year.
Acting on behalf of brewery advocate Society for Beer Advocates (Soba), Hamilton law firm James and Wells yesterday lodged an application with the Intellectual Property Office (Iponz) to have the trademark radler, which DB trademarked in 2004, declared invalid on the basis that the term is generic and therefore cannot be trademarked under Iponz's own rules.
DB said last night it had not yet been informed of the application but was confident its trademark registration would be vindicated.
Soba's action follows criticism of the decision to trademark the term after DB served papers on Dunedin brewery Green Man earlier this year, ordering it to stop using the term radler in relation to its radler-style beer and to relabel its bottles.
Green Man had to comply, renaming its radler beer and signing settlement documents, including a clause forbidding it to contest or be involved in any challenge to the trademark.
James and Wells partner Ceri Wells said his firm wanted to get involved because it supported innovative businesses and believed big business should be supporting the New Zealand entrepreneurial spirit in difficult economic times.
"We don't like to see intellectual property laws abused in this way. Big business in New Zealand must have some corporate responsibility for supporting entrepreneurs, rather than bullying young businesses."
DB would have two months to respond to the application.
If it did not challenge the application, the trademark would be deregistered, and if it did, "we'll deal to them in court", Mr Wells said.
DB general manager of marketing Clare Morgan said DB looked forward to resolving the matter reasonably.
"If Soba has chosen to enter into a legal process then we respect that and are happy for that process to take place."
DB welcomed lawful competition, she said.
It also supported the "legitimate" activities of innovative and entrepreneurial New Zealand businesses and frequently worked with smaller brewers.
Green Man chairman Michael Weusten said last night he had not heard the news but had hoped someone else would take up the issue after Green Man was prevented from doing so.
"It needs to be put to rights, it goes against natural justice [that a generic term could be trademarked] and we never set out to break any laws.
We didn't expect that we would be breaking any laws by making a radler-style beer either."
Soba spokesman Greig McGill, of Hamilton, said trademarking radler and previous attempts by DB to trademark other beer styles, including Oud Bruin and Saison, were a cynical misuse of trademark laws.
