Ricciardo’s ritual returns at Monaco Grand Prix

Ricciardo’s ritual returns at Monaco Grand Prix

Australian Formula One driver Daniel Ricciardo has an interesting celebratory ritual: he drinks champagne from his sweaty racing shoe. Keen to capitalise on the popularity of the stunt, Formula One has recently trademarked the name of this quirky act, known as a “shoey.”

Drinking champagne from a lady’s slipper was once a symbol of decadence in the early 1900s. According to drinks and culture website VinePair, sipping booze from shoes is said to be of Russian origin, dating back to the late 19th century. At the Bolshoi Ballet in Moscow, fans may have drunk vodka from their favourite ballerinas’ satin slippers!

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The shoey celebration has found itself popular once again, at least in Australia. Dean and Shaun Harrington of the The Mad Hueys surfing brand are said to have reintroduced this strange practice – and the name “shoey” – back in 2002. As The Mad Hueys gained in popularity, more celebs in the shoey.

However, the shoey only really hit the global stage after Red Bull racing champ Daniel Ricciardo adopted the tradition to celebrate his racing victories. During a press conference in 2016, Ricciardo admitted that it “basically comes from a few Aussies called the Mad Hueys. I just thought I’d keep the Australian tradition going!” Cognizant as ever of the branding and merchandising potential behind their biggest stars, Formula One Licensing B.V. has now trademarked shoey.

When asked at the Spanish Grand Prix about F1 trademarking his so-called trademark, Ricciardo said, “I don’t know what that means. Can I still do it or are they going to fine me every time?”

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Daniel Ricciardo (Australia, racing for Red Bull) does a “shoey” on the podium, while Lewis Hamilton (UK, racing for Mercedes) who came in third, looks on.

Hopefully by now, his team will have explained that the trademark protection only extends to the use of the word on certain products. F1 won’t be able to stop Daniel, or anyone else for that matter, from celebrating in this way.

Now registered in 25 countries, the shoey trademark is protected in the United States, Germany, Italy, France and the United Kingdom (you can see the UK’s Intellectual Property Office record here).

It’s important to note that trademarks are categorised according to the products or services to which they relate. When making an application for trademark protection, the applicant must choose from one of the classifications under the Nice Agreement (1957). Registering a trademark in one particular class cannot prevent someone from registering the same trademark in a different class.

F1’s shoey registration is for use on items in Class 21, which covers household goods such as glasses, bottles, mugs, sculptures and figurines. Accordingly, we might see shoe-shaped beer steins with shoey written on them for sale at the F1 shop. In addition – or perhaps alternatively – trademarking shoey could be a defensive move by F1, to keep someone else out of the market.

F1 previously attempted to register shoey in Class 25, which would have protected the use of shoey on clothing, hats, and some types of shoes. However, this was cancelled due to an earlier registration by the Harringtons. This is why the Mad Hueys are able to use shoey on their line of clothing, but wouldn’t be able to use it on glasses or mugs without stepping on F1’s toes (or tyres, I suppose).

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Trademark battle: The Mad Hueys website explains: “Passed down from our ancestors, the Shoey ritual runs deep within The Hueys family. The Shoey is ours and its here to stay! This limited edition collection asserts our position as the true kings of the Shoey!”

Cease and Desist, Dilly Dilly!

Cease and Desist, Dilly Dilly!

I’ve written previously about cease and desist letters (also known as letters before action) regarding Taylor Swift and Netflix: as evidenced in these two instances, the standard legal documents can be ridiculous, cheeky, or even rather funny. But Budweiser recently took things to a whole new level when it used a medieval town crier to deliver a cease and desist handwritten scroll to Modist, a Minnesota brewery.

American beer company Budweiser launched Game of Thrones-like commercials set in the middle ages, with lords and ladies in authentic(ish) costumes repeating the nonsensical phrase “Dilly Dilly!” In one commercial, banquet invitees approach the king and queen to offer gifts. One man presents a six-pack of Bud Light to the king, who then exclaims, “Sir Jeremy, you are a true friend of the crown. Dilly Dilly!” The members of the royal court then all raise their Bud Lights in response, shouting “Dilly Dilly!” in approval. When the next guest presents a spiced honey mead wine instead of a Bud Light, the king tosses him into the pit of misery.

Continue reading “Cease and Desist, Dilly Dilly!”

The Monarchy, Meghan, and Trade Marks

The Monarchy, Meghan, and Trade Marks

Kensington Palace announced this week that Prince Harry and Meghan Markle are officially engaged, and are expected to marry next May. Before we dismiss the celebrations as just another celebrity extravaganza, it’s important to remember that the upcoming nuptials will benefit the economy, too.

This year, the British Monarchy generated £1.77 billion to the UK economy. This includes a £50 million contribution for fictional shows like The Crown and Victoria, which offer a glimpse into the mystique of the Royal family. The figure also takes into consideration £550 million from tourism: in 2016, 2.7 million people visited Buckingham Palace alone.

When William and Kate married in 2011, the British economy was boosted by £2 billion, with £26 million being from Wills and Kate souvenirs and merchandise. Likewise for Harry and Meghan, brands and retailers will want to capitalise on the goodwill and excitement surrounding another Royal wedding. However, certain rules apply to businesses wishing to use images of the Royal family, or their associated symbols and phrases.

Continue reading “The Monarchy, Meghan, and Trade Marks”