Despite Its Problems, More Consumers Should Behave Like Beer Drinkers To Keep Trademark At Bay

from the pownership-culture dept

Here's a fun thing I never thought I'd find myself saying: the world should take a cue and be more like beer drinkers. Specifically, that is, when it comes to how the beer drinking community reacts to trademark law. Any review of this site's coverage of trademark law as it pertains to the alcohol and beer industries will show that there is a burgeoning problem in this industry, where explosive growth in craft brewing has resulted in a likewise explosive growth in trademark disputes. What's somewhat unique in the industry, however, is the sense of community both between brewers and drinkers and, more importantly, between brewers themselves. This bond has muted what would otherwise be disastrous intellectual property squabbles.

And part of that is indeed fueled by the consumers themselves. An example of this can be found in a New Zealand brewer's attempt to trademark a common term in the industry, only to have the public outcry force it to pull back its application.

Brewing giant Lion says it has withdrawn its trademark application for the word "dank". The company caused a stir in the craft beer world last week with the move, which it said was in relation to a product it was developing. It said the trademark application was aimed at stopping others from trying to copy its IP, not from using the term altogether.

"We recognise the application caused concern about the restrictions this would put on others, and as such we have chosen to withdraw the applications," the company said.

It's important to remind yourself that this sort of industry language-grab happens in other industries roughly all the freaking time. The permission culture mentality has so invaded the corporate world so as to cause them to seek any and all advantages, no matter how abusive they are or how counter to the purpose of trademark law they might be. In the craft brewing space, the common industry good is taken more seriously, such that attempts like Lion's, wherein the company attempted to legally lock up a word used extensively by competitors, is met with backlash from both the industry and the public. That's the kind of pressure that causes a course correction.

Craft beer fans were up in arms when Lion's trademark application was posted on the Beertown Facebook page last week.

"Dank, dankier, dankiest. Lion is attempting to trademark DANK as a beer descriptor. Anyone think that's a bit rank?", the Beertown post said.

The founder of brewery 8 Wired, Soren Eriksen, who recently launched a Superdank beer brand, said he had been sceptical. Eriksen said he was concerned that Lion might get more restrictive about the use of the term in the future if the application had been successful.

When everyone from the industry to the fans of that industry are focused more on the good of that industry than purely commercial gamesmanship, you can manage to stave off the worst effects of trademark laws.

In other world, be more like beer drinkers, world.

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Filed Under: beer, dank, superdank, trademark
Companies: 8 wired, lion


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  • icon
    MDT (profile), 14 May 2018 @ 8:01pm

    Something something proofread something...

    > In other world, be more like beer drinkers, world.

    There is sentence wrong with this sentence.

    Worlds, use your worlds!

    :)

    link to this | view in chronology ]

  • icon
    PartTimeZombie (profile), 14 May 2018 @ 8:39pm

    Craft Breweries

    A quick look at the history of brewing in New Zealand will show you that Lion Breweries and their rival Dominion Breweries have owned pretty much 100% of the beer market for almost the entire history of the country.
    This gave us expensive, poor quality beer until the craft breweries started to give us a bit of flavour.
    Unfortunately the big two have used their market dominance to either buy up craft brewers or produce their own brands cheaper.
    Lets not pretend Lion (owned by the massive Japanese company Kirin) is anything other than one half of a duopoly.

    link to this | view in chronology ]

  • identicon
    Pixelation, 14 May 2018 @ 9:48pm

    All IP disputes should be settled with a drinking contest.

    link to this | view in chronology ]

  • icon
    Vidiot (profile), 15 May 2018 @ 4:52am

    "'Anyone think that's a bit rank?', the Beertown post said."

    I'm thinking "daft" plus "rank", which, according to my math, equals "dank".

    link to this | view in chronology ]

  • icon
    Ninja (profile), 15 May 2018 @ 6:57am

    Far too many things would be better if we all gathered for a beer and acted like beer drinkers.

    link to this | view in chronology ]

  • icon
    Wyrm (profile), 15 May 2018 @ 9:33am

    **Because Of** Its Problems, More Consumers Should Behave Like Beer Drinkers To Keep Trademark At Bay

    There, FTFY

    link to this | view in chronology ]

  • identicon
    Docrailgun, 15 May 2018 @ 11:25am

    They should act like beer drinkers - most of them guzzle American horse piss and most of the rest drink super-bitter hop bombs?

    link to this | view in chronology ]

    • identicon
      Thad, 15 May 2018 @ 12:58pm

      Re:

      most of them guzzle American horse piss

      Hey, wait a minute, that's not --

      and most of the rest drink super-bitter hop bombs?

      ... ...okay, you got me there.

      link to this | view in chronology ]

  • identicon
    tom, 15 May 2018 @ 1:41pm

    Otis Livingston must go to prison

    What kind of person hired CBS anchor man Otis Livingston to work on the national television if he hates important people NBC Stephen B. Burke calling him white garbage,looser in business,crazy and even homo. Otis Livingston is dangerous for people!

    link to this | view in chronology ]


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