Wine Labelling Leads to Trade Mark Fight in the Margaret River
Tuesday 18 March 2014 @ 10.34 a.m. | IP & Media
Western Australian winemakers are fighting a battle within the Margaret River Wine Industry Association (MRWIA) over the rights to the name "Wallcliffe". One winery, Cape Mentelle, has claimed the name is its own trade mark. Other producers argue that the term is in fact in general use as a geographical indicator for a particular sub-region of the famous Margaret River. The matter is expected to come to a head at a crisis meeting of the MRWIA on March 27.
Cape Mentelle
Cape Mentelle Vineyards was founded in 1970, and is now owned by French luxury goods conglomerate Moet Hennessy Louis Vuitton. In 1999, Cape Mentelle lodged unopposed applications for trade marks over several terms that include the name 'Wallcliffe' including 'Wallcliffe Estate', 'Wallcliffe Vineyard' and 'Wallcliffe Winery'. In 2013 they made a successful application for the name 'Wallcliffe' alone, but the application been revoked following an adverse report as of March 2014, and the application is currently listed by IP Australia as "under examination".
Other Winemakers
The move to trade mark 'Wallcliffe' has put Cape Mentelle at loggerheads with other winemakers from the sub-region. Their claim derives from the 1999 report of an independent expert commissioned by Cullen and Moss Wood wines, John Gladstones, who proposed dividing the greater Margaret River region into six sub-regions– Yallingup, Carbanup, Treeton, Wilyabrup, Karridale and the contentious Wallcliffe. The name derives from a local landmark, Wallcliffe House, and is apparently used by other local businesses, including a dental practice and the volunteer fire brigade.
Cape Mentelle is pushing for MRWIA to rename the sub-region and review the whole sub-region system. But three other wineries – Flametree, Redgate and Prevelly – are outraged and have called for a crisis meeting to consider the issue. Flametree has previously clashed with Cape Mentelle over the issue, receiving a cease and desist letter late last year for using the name 'Wallcliffe in "millimetres high" lettering on one of their labels.
The MRWIA
Last year, the MRWIA president Nigel Gallop appeared to side with the smaller wineries, saying the sub-regions were formally recognised, and that 'Wallcliffe' was "in general use" for the geographical area. He also pointed to the French wine making region of Bordeaux, which has sub-regions now considered to be valuable marketing brands in their own right.
However, Flametree winemaker Cliffe Royle is concerned that the not-for-profit association may bow to the pressure placed on it by Cape Mentelle - given their backing by LVMH, a multinational conglomerate with a history of fiercely protecting brands. He told The West Australian:
"Their arrogance in thinking they own Wallcliffe and no one else can use it has really annoyed people…. We are a family owned business trying to make a dollar"
But Cape Mentelle winemaker Rob Mann defended the company’s actions, saying:
"Any company, whether it is a 50c company or a multi-million dollar company, has the right to protect its intellectual property and that is all that we are doing".
He argues that the sub-region names had never been formally agreed or voted on.
Nigel Gallop believes that these kinds of trade mark disputes will continue to become more common as the Australian wine industry develops.
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