I am only a member of the Brewers Guild, not on the executive. I have expressed my feelings, and requested that the Guild formalize its standing via an official letter to DB. On of the issues is that DB is a member of the Brewers Guild.
I am a member too and will formalise my feelings as soon as possible. I encourage all other members to do so also.
I'd encourage every SOBA member to send a letter/email to the Brewers Guild also. Peer pressure could well be a very strong force in this instance. Perhaps stronger than any media coverage, which DB know well will most likely soon blow over.
Permalink Reply by Tony on March 30, 2009 at 11:35am
I agree Greig, I think we should still send the letter. If you want, I am happy to put my name on it? This could not only help our brewers-in-need, but help get some kudos and credibility behind SOBA.
I have spoken to several other brewers, who feel there is definitely a case to answer. IPONZ should be questioned on their reasoning behind allowing such a registration to proceed, for a start.
Right. I've just done an interview with Bruce Holloway with a nice photo of the old-label Green Man bottle, and a Monteiths one for comparison. Bruce thinks it will run sometime over the next couple of days via stuff.co.nz so keep your eyes peeled. He's getting some choice quotes from Geoff also I believe to give it some weight.
I'll chuck that letter on some SOBA letterhead later on today, and with the amendments posted here and you guys can have at it! :)
Tony, you're absolutely right about it being an IPONZ issue. DB are scumbags, but they should never have been handed the trademark to begin with.
Folks, this is exactly the kind of issue that CAMRA cut its teeth on in the early days and exactly the kind of issue that SOBA should be getting behind. Firstly because it is right to do so, but secondly, because it is a chance to get into the public eye and promote the concept of real beer.
I'll be sending a letter to the local MP and to IPONZ as well as banging on about the issue on Twitter.
BTW, The Ministry for economic development,over see's IPONZ. Might I suggest, that anyone wanting to forward their queries about how this registration was able to go ahead, contact Gerry Brownlee. I will be as soon as I have a copy of the letter. More the merrier, I say.
Here it is. I've changed a couple of bits, notably retracted the statement about the origin of Radler. Wikipedia says it's a myth, the German Beer Institute says it is real. No idea who is right, so best to leave it out.
Note, I don't have the tools or wherewithal to protect the document (I'm a network guy, I don't really "do" MS Word). Please don't use this for evil. It has my home address on it (as our registered office). I would suggest changing the name at the bottom, and sending it out as a PDF or printed.
Thanks guys. I'm sure we can get a result out of this.
My two cents: I would change the sentence, "SOBA considers it despicable that DB have trademarked..." to: "...that DB applied for and were granted a trademark..."
It's not just that they applied for the trademark, it's that IPONZ granted it!
It may also be worth beginning the follow paragraph with the sentence: "The prior use of the term Radler to describe a particular style of beer is well documented." Then: "A simple Google search will reveal that the use of the term long pre-dates Dominion Breweries' application for trademark protection."
The term "prior use" is a powerful one in the world of intellectual property.
Please note, I'm no IP lawyer, expert, etc - however I have been going through the process of registering for world-wide trademark protection for a product we've developed. Based on the little I've learned, I can't see how IPONZ could have justified granting DB this trademark on such a well-used term! The WIPO certainly wouldn't allow it. Unfortunately, the lawyer we're using, who used to be a pro-brewer, is based in the US so can't help us on an NZ issue.