IN VINO VERITAS A Trademark Lawyer

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IN VINO VERITASA Trademark Lawyers
Perspectiveon Labeling Conventions for
WinebyPaul W. ReidlE. 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,
the Winemakers Influence on the 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 Whats 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 DOrigin,
  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

• 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, McWilliams,
  Beringer, Fetzer, Kautz, Carlo Rossi, Kenderman
  (oops!)
• Geographic location is secondary.

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C. Modern New World Labeling Whats 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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