Fizzle over Fizz: Italian Company's Champagne Trademark Shunned
Contention Regarding Champagne: Italian Firm Denied Trademark Registration - Trade Mark Dispute: Italian Company Rejects Registration for Champagne Trademark
Hey there! Let's dive into a swanky dispute that'll make your glass of bubbly pop. Nero Lifestyle, a snazzy outfit that runs hotels among other things, thought they'd hit the jackpot with their 2019 trademark application for "Nero Champagne." They wanted to register it with the EU Intellectual Property Office (EUIPO). But, hold your horses, Champagne aficionados! The Comité Interprofessionnel du vin de Champagne and the Institut national de l'origine et de la qualité weren't having it.
Here's why: they believed the "Nero Champagne" label could unfairly cash in on the famed Champagne's rep. They claimed that the Champagne designation of origin guarantees consumers a certain standard of the good stuff, thanks to its regional birthplace vibes. They argued that if the "Nero Champagne" label was approved, it might trick consumers into thinking the product was from the Champagne region when it wasn't.
At first, the EUIPO only partially tossed out the opposition. Predictably, the French organizations didn't sip that decision down and took it to the EU General Court. And now, the court has determined that "Nero Champagne" should not be registered in relation to "wines in accordance with the specifications of Champagne."
Normally, a trademark can include a protected designation, the court explained. But it can be refused if it yoinks the rep of that designation in a dodgy way. The EUIPO shoulda peeped the evidence to figure out if the trademark was just trying to pass as a Champagne without meeting the specs. The Board of Appeal? They dropped the ball on that one.
The court also thought that "nero" (Italian for "black") in the label might confuse consumers. Y'see, they might believe it references the grape variety or color of the Champagne. But, honey, Champagne can only be white or rosé.
By the way, Nero Lifestyle can still argue their case in front of the European Court of Justice. We'll see if something sparkles to change their luck!
In light of the dispute over Nero Lifestyle's proposed "Nero Champagne" trademark, it might be beneficial for the company to consider including vocational training in its business ventures, such as vocational training for winemaking, as a means to demonstrate how their product meets the same quality standards as true Champagne. Furthermore, to avoid possible financial losses, Nero Lifestyle should consider exploring different marketing strategies for their wine that clearly distinguish it from Champagne, thus minimizing consumer confusion.
