This is almost the opposite side of the coin compared to the minor Black Bitter dispute in the US. In the case of Black IPA or whatever it will end up being called, people have plenty of pet names and hope they might even have a style to match them up with. Conversely, beer fans in New Zealand are fighting in court to stop the trademarking of a word for beer from another culture - and a style that no one really likes or even associates with New Zealand:
If DB is allowed sole use of the term Radler, Soba argues, it may attempt to trademark others, preventing New Zealand's growing craft beer industry from using them. Mr Owen said it was unlikely that Radler was among the favourites of its members, who generally preferred fuller flavoured beverages. "No, probably not. It's basically a shandy," he said. "But this is a point of principle; we're not defending a style of beer that's one of our favourites but it's important because it is a style of beer and if we let this one go, then there's no reason why they won't try to take others."
The funniest thing, of course, is that a colonial culture like that of New Zealand could suggest that it is the source of a concept like a beer style at all. Maybe that argument does not play well amongst Kiwis. But, according to the article, the brain trust at this DB brewery also thought it owns rights to the concept of saison, a position that they seem to have backed away from. Cheeky Antipodeans
Does this matter? If they corner the market on Radler, shandy will still be made and called whatever people want to call it. If they attempted to trademark anything less obscure, the brewers and beer nerds of the world would oppose the registration now that the warning has been heard. So why fight? What principle is really at play?






Comments
dave - September 7, 2010 11:08 AM
Legal (or trademark) precedent I believe. If the trademark is granted for Radler, and then DB decides to trademark another style they can point back at Radler and say "this was allowed".
Alan - September 7, 2010 12:15 PM
I dunno. I have a hard time with the suggestion that this is even a beer style... let alone that beer styles have any sort of conceptual integrity I think trademark practice is more involved that the precedent argument but I do take your point.
nathan - September 11, 2010 12:01 AM
This isn't such a hypothetical situation. SOBA's involvement began after DB (owned by Heineken) forced the Green Man Brewery to pull their Radler off the shelves or face possible bankruptcy themselves. The ironic thing is the Green Man's radler was much more authentic than DB's.
The fault here isn't actually with DB, it is with IPONZ, the agency that granted the trademark. I believe they have admitted they never should have granted it, but they say they are powerless to revoke it.