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+--- Thread: Wine names: trademarks and AVA's (/thread-2820.html)
- anna - 12-16-1999
Hello all!
I'm writing a law journal article (meaning: sleep inducing article!) about the clash between trademarked wine names and geographic designations/AVAs. For example, can/should Beringer be able to use its mark "Napa Ridge" even though not all of its grapes come from Napa County? Should we use the "who came first" argument (e.g. if you adopt a geographic name as your brand name, you do so at your own risk; but if you make up a name that is *later* used as the name of a geographic place, your prior use of the brand name prevails?).
I know that this has sparked a lively discussion elsewhere, but I'm interested in more in-depth comments and opinions from this group. After doing some preliminary research and talking this over with my colleagues, I've found it to be more complicated than at first glance, especially since the Trademark Office and the BATF are two separate governmental entities.
Anyway, now that I've made your heads hurt...I look forward to reading any comments/opinions you have. Thank you!
Anna
- Thomas - 12-16-1999
Oh Anna, we just came off a whirlwind with Jerry's kids on this one. I played Devil's Advocate to see if someone could come up with a cogent argument either for or against designations and appellations.
In Europe, the controls are quite deep, although they are loosening. I know of no American grape farmer willing to accept being told what to grow, how much and where, even if a group of his/her peers agreed it made sense.
In my never humble opinion, designations, appellations and demarcations mainly serve a marketing purpose. Since the majority of the wine consuming public has no idea what it all means, and since government controls normally wreak more havoc than good, marketing is all that is left. You get your winery into a heavily marketed, and advertised designation concept, and you make it big.
Perhaps, when and if wine becomes an everyday commodity in American households, mor people will become more aware of its production and then they will start to demand some kind of real information based on real reasons. Until then, mainly wine geeks like us have designations to talk about.
- Jerry D Mead - 12-17-1999
I'll weigh in on this a little later. I'd like to see a few more posts before I start swinging.