It's bourbon and Pepsi from now on...

**LBD** · 17th December 2009, 04:44

Just read this on Stuff....Copyright my#$%$&%

Next thing Speights will want to do the same with ..."Yea...Good on ya mate"

Tui's will want..."Yeh right"

A Paeroa man has taken on a multinational company in an intellectual property rights dispute over the phrase "World Famous in New Zealand".

Tony Coombe has objected to Coca-Cola Amatil's attempt to trademark the saying. The dispute played out yesterday at an Intellectual Property Office hearing in Auckland.

Coca-Cola has used the slogan to promote its L&P soft drink, which has its spiritual home in the Hauraki Plains town of Paeroa, since 1993 – though the company applied for the trademark only in 2004.

But Mr Coombe owns a non-trading company named World Famous in New Zealand and said he believed the phrase, a "Kiwi-ism", belonged to all New Zealanders. Coca-Cola disagreed, saying the words were clearly connected to its product and the trademark application should proceed.

Mr Coombe previously owned and ran the L&P Cafe in Paeroa with his business partner John Tregidga. After using the L&P name for six years, Coca-Cola forced the cafe and associated companies to change their titles.

The partners renamed the companies with their own initials – J&T – and Mr Coombe sold out in 2003 but still believes the use of the "World Famous" phrase should be unrestricted.

"Coca-Cola just want to control everything and World Famous in New Zealand has been around for a long time and now they're trying to control it," Mr Coombe said after the hearing.

"It's more or less part of everyday language so I thought I'd put my hand up and say 'No'."

His lawyer, David Marriot, argued that the phrase was used in the title of a book, a CD and a television series and had entered the Kiwi vernacular.

In its submission Coca-Cola said that its advertising agency invented the slogan in 1993. A commissioner's decision is expected in six to eight weeks.

**peasea** · 17th December 2009, 05:57

I don't think I'd have the balls/money to take on Coca Cola, but good luck to him.

Big corporate bullies they are.

**Storm** · 17th December 2009, 07:05

Best of luck mate, but Coke has deep pockets. Here's hoping he can find a lawyer willing to donate a bit of time to tell a multinational to bugger off

**h211** · 17th December 2009, 07:06

Just seen that on xtra too. Funny story because I think they should have copyrighted when it was invented, not now. Go the little guy!

**Headbanger** · 17th December 2009, 08:11

Pepsi?

Are you insane?

I've switched to ginger ale with my Bourbon.

And its fine, damn fine, So much so I feel like one right now......

**spacemonkey** · 17th December 2009, 08:26

Originally Posted by Headbanger

Pepsi?

Are you insane?

I've switched to ginger ale with my Bourbon.

And its fine, damn fine, So much so I feel like one right now......

During summer try sticking a wedge of lime in it..... it works well when you do that with Canadian club or whiskey with Dry ginger ale.

*edit* mind you schweppes ginger ale is just another Coke brand too.........

**KiwiGs** · 17th December 2009, 08:32

I hope the little guy wins, but I can't see it happening....
For a short time I used to work for coke and they are pack of dodgy arseholes!

**TOTO** · 17th December 2009, 08:32

Seems Coke is going right up (down) there with McDonalds.

Bastards

**StoneY** · 17th December 2009, 08:45

Just to be devils advocate (and I do NOT agree that Coke can trademark the saying so dont misread this)

Coke actually have a legal high ground in this one when history is applied
The guy who said 'No" has twice abused loopholes to make his own money from Paeroa's fame as the home of L&P, yet he has never had any share or input into that brand

The L&P Cafe was his, and he has used other schemes to make his cash on Coke's shirttails, beacuse face it L&P was nothing till Coke put its giant name behind it

But good on him for fighting back, just be aware he aint all 'Its a Kiwi thing and its imorral, im fighting the good fight' hes driven by wanting to make $$$'s on a known brand....thats is not his own

**TOTO** · 17th December 2009, 08:54

even this way, I still support the guy. I'm sure coke has done way worse things than that and got away with it. The poor bugger just wants to make a living and feed his children - coz lets face it, there is not much happening at paeroa except for 2 days a year.

**Headbanger** · 17th December 2009, 08:54

L&P was world famous in NZ well before Coke bought it.

**jim.cox** · 17th December 2009, 08:59

Originally Posted by Headbanger

L&P was world famous in NZ well before Coke bought it.

Stuff is running a poll as to whether Coke should be allowed to Trademark the phrase.

When I first looked at around 9:00, it was running about 85% against

Now its about 55% for

Looks to me like 'someone' is rigging the poll....

Join the fightback - vote No

**Rayray401** · 17th December 2009, 08:59

well, lets hope the little guys got enough money to keep him going, orelse cocacola will just drag it out til he's out of money.

**avgas** · 17th December 2009, 09:08

I used to think like that....."go the little man"...."Screw the big companies"......"Arghhhh I hate big corporates". I have however recently woken up to the real world - and sometimes the underdog is there for a reason.

Its a shame that this thing has dragged on to this point. This could have been easily solved if Coke copywrote the phrase 20 years ago.

Please have a look at this from a different point of view:
- L&P becomes popular drink in NZ (after millions invested)
- Coined phrase increases pupularity (along with a million dollar marketing campaign)
- Guy opens cafe and uses brandname and phrase to boost own business
- Guy told to stop "riding the wave" for free
- Guy attempts to continue riding the wave using catchphrase of previous business
- Coke attempts to copywrite phrase, man complains that his whole life is based around something he did not come up with.

Who owns the intellectual property?
Who invested the most?
Who started it?

Imagine if I started a porn website called "KiwiBiker.ru" using SM logo and everything. Would you fight for me then?

No, I don't work for Coke - but I do not think they are in the wrong here. Its is very clear here that this guy is after a free pass - rather than coming up with his own idea.