IT'S A BUBBLY BATTLE: European Court Rejects Italy's Attempt to Register "Nero Champagne" Trademark
Trademark Controversy: Potential Blockage for Italian Champagne Registration - Trade mark disagreement: Italian business resisted registration of champagne brand.
Listen up, folks! The Europe General Court ain't playin' no games when it comes to Champagne. A company called Nero Lifestyle, which runs hotels and more, tried to get the trademark "Nero Champagne" registered at the EU Intellectual Property Office back in 2019. But, two French organizations—the Comité Interprofessionnel du vin de Champagne (CIVC) and the Institut national de l'origine et de la qualité (INAO)— weren't having it! They argued that the mark could exploit the Champagne's rep, and potentially mislead consumers, 'cause the Champers' reputation is built on its geographical origins.
The EUIPO only partially rejected the opposition, so the French orgs appealed to the EU General Court. Well, the court just ruled that the mark can't be registered for "wines meetin' the requirements of the Champagne specification." Ouch!
Now, here's the deal: In theory, a trademark can contain a protected appellation of origin. But, if it misuses the rep of such an appellation in an unfair way, registration can be refused. Even if the mark was only applied for in respect of products that comply with the specification, it doesn't necessarily mean it ain't meant to deceive. The court emphasized that the EUIPO must examine the evidence. The Board of Appeal made a few booboos in this case, apparently.
The court also pointed out that the name "Nero Champagne" could be confusing to consumers. They might assume that "nero"—which means "black" in Italian—references the grape variety or the color of the Champagne. But, you see, Champagne can only be white or rosé. However, several Italian grape varieties contain the term "nero." This certainly adds a layer of complexity to the trademark conflict, my friends!
Now, Nero Lifestyle can still make an appeal to the European Court of Justice if they feel the need to challenge the court's decision—go for it, if ya think you can win 'em over! But for now, it looks like the Champagne monopoly stays with France. Cheers to that!
The community policy within the EU General Court's decision on the 'Nero Champagne' trademark dispute might influence future policy on protected appellations of origin, ensuring authentic products are preserved. This case could potentially expand vocational training programs for intellectual property law professionals, as they navigate complex trademark conflicts across various industries, including finance and business.
