Reasonable use of IP law

[Dominic Kelly]

I've been having my say on other people's use of trade marks lately but just found reason to make an application to IPONZ for a trademark myself. So to avoid any appearance of hypocrisy I'm gonna be completely open about this.

 

I'm applying for a trademark for "Pacific Beer Expo". I'm doing this:

(a) on the assumption that the expression is original. 

(b) to avoid the risk that someone wilfully or by accident follows us with an event of the same name that might take advantage of or damage what we create. The risk should be low but there are some strange, vindictive or just plain thieving people out there and this is $NZ100 plus GST worth of insurance.

 

If anyone finds fault with my logic, feel free to have an open discussion about.

 

cheers,

 

Dominic

[Paul Harrison]

Like Matariki Wines owning the term "Matariki" in relation to alcohol, will the words "Pacific Beer Expo" only apply to alcohol or to everything? I'm just curious.

 

Looking forward to the festival and volunteer myself should you guys need help.

[Dominic Kelly]

our application is in the product category "Organisation and conducting of dance, music and other entertainment festivals". Couldn't find anything better.

 

Interestingly, there is a trademark for the same product category and the name "matariki", but it's held by Te Papa, not Matariki Wines. I still think that particular winery had less right to object to the Matariki festival than they thought.

[Stu McKinlay]

I would guess that they had no right... has SOBA rolled over on that one or told them to piss off?

 

As for your one... it's your money...

[Stu McKinlay]

must admit... i toyed with the idea of a Wellywood beer but I spotted that someone had trademarked the term for beverages. and then I thought the lame name would have only inspired a lame beer anyway.

 

unless it was wood aged... genius!!

[Dominic Kelly]

SOBA went along with a suggestion that a few beverages would make the problem go away.

[Dave W]

More importantly!

If I was to object to this IP usage.... How many beverages would you offer to silence me? :-D

 

 

 

jk, ;-)

I have no problem with this, and like Paul I'd be happy to do volunteer work at the fest.

To be honest with the Matariki fest, I don't think I'd have had as much fun if I'd just been another punter instead of being behind the bar to be honest.

[Stu McKinlay]

When does bargaining become blackmail?

 

 

[Dominic Kelly]

no comment.

[Sam]

Does this mean there is going to be a new beer festival, sounds good!

It looks like there is potential to abuse a "Pacific Beer Expo" trademark but it might be worth the protection. Also even if you hold the trademark you can still use your discretion to allow what's reasonable, but block thieves?

 

 

[Steph]

All you potential volunteers...never fear, I will harass you shortly...There is no escape from my beer festival volunteer organising (/bossing)!

 

Dom...Otherwise, my thoughts are that a trend has started...will it mean that the beer community starts applying left-right-and-centre..for $100, I can see why you might do it but is it REALLY necessary?

 

I

[Dominic Kelly]

Steph,

 

this is the dilemma... do we trust everyone not to tread on terms that we coin? If I create this festival and it's a success can I be sure that some shark won't come along and launch a venture using the same name?

 

But by allowing for ownership of IP we create the possibility that people trademark terms that they didn't invent (e.g. radler, shandy, craft beer capital). I'm suggesting that because there never has been a "pacific beer expo" that I know of it's fair enough for me to seek protection. But I'd rather live in a world where it wasn't necessary.

 

Just trying to create consensus on what's fair use and what's misuse of IP law. And maybe set an example by not doing it sneakily.

[Tom C]

Taking three common words and trying to restrict their use in that order is just another example of poor use of IP protection. 

Give yourself something original to trademark that no-one could innocently infringe.  After all the original idea is to protect innovation, so innovate.