Champagne maker tastes trademark victory at English court

The English High Court has handed Champagne producer Louis Roederer victory in its trademark dispute with Spanish rival J García Carrión (JGC).

On Tuesday, October 6, Mrs Justice Rose ruled that JGC’s Cristalino product, sold in UK supermarkets Asda and Morrisons, infringed Roederer‘s trademark for the term ‘Cristal’.

Roederer owns a UK trademark and Community trademark (CTM) for the term while JGC owns a UK trademark and a CTM for ‘Cristalino Jaume Serra’.

The Cristalino product is a Spanish sparkling wine and was sold in three varieties. The product sold for £5 ($8) a bottle.

The dispute started in 2010 after Roederer sued JGC at the high court and also named Asda and Morrisons as defendants. The retailers settled their side of the dispute in 2011.

Rose concluded that the Cristalino product “takes unfair advantage of and is detrimental to the distinctive character and repute of the ‘Cristal’ mark”.

In determining the confusion between the marks, Rose said Roederer’s mark has an “inherently distinctive” character.

She cited press coverage of Roederer’s product being consumed at the wedding of actors Brad Pitt and Jennifer Anniston in 2000 and by members of football team Manchester United who were celebrating winning England’s top division, the Premier League in 2013, as evidence of its strong reputation.

Survey evidence was also supplied which Rose said had proven the distinctive character of Roederer’s mark.

Rose add ed that because there is a likelihood of confusion among consumers, JGC’s mark is invalid.

“The invalidity claim relies solely on confusion, not on dilution or blurring. In the light of my findings on the likelihood of confusion I consider that the invalidity claim should also be upheld.”

Rose entered her invalidity verdict, despite the fact that the Trade Marks Tribunal at the UK Intellectual Property Office had rejected Roederer’s opposition to JGC’s application in 2009.