The Czech Republic: Heineken loses exclusivity on use of term “Radler” in the Czech Republic

The brewing group Heineken has lost exclusive rights over the use of the term "Radler" for a beer mixed with lemonade in the Czech Republic, according to a decision of the Intellectual Property Office (UPV) that was confirmed to CTK on January 9 by UPV spokesman Josef Dvornak.

Some of the Czech breweries had to stop using the term on their products over Heineken's exclusivity. Now they want to turn to courts for damages.

Heineken said it was analysing the ruling and that its steps would follow in the weeks to come.

Pivovary Staropramen, the second largest brewery in the Czech Republic, launched Staropramen Cool Lemon, a mix of lemon juice and beer, on the market in May 2011. Consequently, beer flavoured with lemonade or another soft drink became a hit in the country.

Some brewers started using the term "Radler" on their products.

Radler is used for beer mix drinks in German-speaking countries where they are very popular.

Kralovsky Pivovar Krusovice, one of top five Czech brewers owned by Heineken, had the trademark registered in the Czech Republic in 2001. Upon an injunction issued on the request of Heineken, competitor breweries had to stop using it on the Czech market.

UPV now rendered the trademark null and void.

"We've received the decision not long ago and at the moment we're analysing it," said Jiri Hauptmann, a spokesman for the Czech branch of Heineken, number three on the domestic market.

"We will take further steps in the coming weeks," he added.

Pivovar Samson is one of the brewers that had to change the name of its beer mix drinks.

"Pivovar Samson will certainly be demanding damages that will be in the order of millions of crowns," its representative Michal Donath told CTK.

10 January, 2014