French Government Opposes U.S. Registration of Two More Wine Trademarks

Last month the Trademark Trial and Appeal Board ("TTAB") made headlines when it reversed a Trademark Examining Attorney’s decision refusing registration of the mark MONTUSSAN. The Examining Attorney reasoned that, because Montussan is the name of a wine-producing town near Bordeaux, the mark MONTUSSAN was "primarily geographically descriptive" under Section 2(e) of the Trademark Act. TTAB found that Montussan is “obscure,” and thus the MONTUSSAN mark was not barred from registration under Section 2(e). Now, two more trademarks that include the names of French regions are under dispute. LJC Wine Co., LLC’s LOIREGON and Southwest Winery Associates’ DOMAIN CHARLEMAGNE contain the names of designations of origin that are protected by French and European Community law. l’Institut National de L'Origine et de la Qualité ("INAO"), the French government agency responsible for establishing and policing the use of geographic indications, has opposed the registration of these marks, alleging that they are geographically misdescriptive under Section 2(a) of the Trademark Act.

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Wine v. Beer: Another Trademark Battle

On April 30, Washington state wine producer Ste. Michelle Wine Estates (“Ste. Michelle”) filed suit against Colorado-based brewery Twisted Pine Brewing Company (“Twisted Pine”), alleging federal trademark infringement and other unfair business practices. Ste. Michelle claims that Twisted Pine’s use of NORTHSTAR to sell Northstar Imperial Porter infringes the winery’s rights in that trademark, which it uses for its highly rated Northstar wine. This case is one of a growing number of trademark infringement disputes involving different kinds of alcoholic beverages. The outcome will depend on just how different the court thinks wine and beer are.

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The Law of Location: Reign of Terroir

The geographic origin of a wine has long been believed to impact its taste (“palate”) and aroma (“nose”). Factors such as climate, soil, and nearby vegetation leave their imprint on a grape to create a unique flavor profile. These factors in turn account for some of the noticeable differences in palate and nose among wines made from the same grape variety. For this reason, many consumers rely on designations of origin, or appellations, in choosing their wines. This is the essence of “terroir”—the idea that the holistic geophysical and ecological profile of a region influences the taste and other characteristics of the fruit grown there. Terroir is a source of pride, economic value, and contention among wine producers and consumers.

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