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IN VINO VERITAS A Trademark Lawyer’s Perspective on Labeling Conventions for Wine by Paul W. Reidl E. & J. Gallo Winery
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A Major Disconnect. “The Panel also shares fascinating facts and tips – including how to understand wine labels” -2005 Annual Meeting Brochure, page 13. “This powerful wine displays pure flavors of blackberry, bell pepper, dark cherries, and black currant fruit. It is framed by rich vanilla, light, toasty flavors. It is perfectly balanced with a long nose and a complex lingering finish.” - A hoity-toity wine label
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I.WHAT IS WINE? Wine is the product of fermented grapes. Wine is the product of centuries of tradition.
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II.TASTE AND FLAVOR? The characteristics of the grapes. The geographic and climatological conditions of the growing area. The skill of the winemaker. –Yeast selection –Fermentation –Aging
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AS A RESULT, Wine Label Designations Have Been Influenced By Four Things: Tradition, Geography, Winemaker’s Influence on Wine, and of course, Modern Marketing.
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III. THESIS: Four General Labeling Schemes. Traditional Old World: “The Primacy of Place.” Traditional New World: “Who and Where?” Modern New World: “What’s the Story?” Fictitious Names/Icons and Logos.
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A. Traditional Old World Labeling: The Primacy of Place. Thesis: Geography makes the wine. Primary Designation: Geographic Indication. Secondary Designation: Name of the Producer.
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What is a Geographic Indication? A government-designated place with special growing characteristics. American Viticultural Area, Appellation D’Origin, DOCG, etc. This should not be confused with the name of a geographic fixture that happens to be in an area where wine grapes are grown.
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Examples of Geographic Indications –Burgundy –Bordeaux –Napa Valley –Chianti –South West Australia –Barossa Valley
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Not Geographic Indications: Livingston Cellars Redwood Creek Stoney Point Black Bear Ridge Black Forest
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B. Traditional New World Labeling: Who and Where? Thesis: The Skill of the Winemaker is Paramount. –Personification/Surnames –Gallo, Mondavi, Franzia, Heitz, McWilliam’s, Beringer, Fetzer, Kautz, Carlo Rossi, Kenderman (oops!) Geographic location is secondary.
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C.Modern New World Labeling: What’s the Story? Thesis: Apply modern marketing to wine but respect consumer preference for tradition (geography, personification.) These labels are suggestive of people or places, or simply fanciful. Emphasis on a total marketing package.
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This is why there are so many labels containing “creek,” “mountain,” “ridge,” “valley,” etc. They provide a connection with the land. The marketing programs for these brands will frequently suggest a family/winemaker connection.
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D.Fanciful Names These can be successful, and are becoming more common. Some of these labels have icons which become the symbol of the brand. Icons are useful for cross-merchandizing.
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IV. THE FUTURE? Old World Modernization? – Example: French Ministry report. Heritage Labeling? – Example: “Since ____” Icons of Kangaroos, Turtles, Bears
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