Societe Civile et Agricole du Vieux Chateau Certan v Kreglinger (Australia) Pty Ltd

Read the case here:https://lnkd.in/dEghV2hP

The recent verdict in Societe Civile et Agricole du Vieux Chateau Certan v Kreglinger (Australia) Pty Ltd [2024] FCA 248 sheds light on the nuances of intellectual property law within the wine industry. The legal showdown between European and Australian wine entities centered around allegations of brand infringement and passing off concerning "New Certan," a product from Kreglinger (Australia) Pty Ltd, and the esteemed Bordeaux estate, Vieux Château Certan (VCC).

Despite similarities in nomenclature and packaging elements, such as the pink capsule, the court's verdict hinged on the absence of tangible evidence indicating consumer confusion or reputational harm suffered by VCC. This legal precedent underscores the meticulous scrutiny applied by the court in evaluating claims of passing off and trademark infringement within the wine sector.

Key considerations encompassed the distinctiveness of branding elements, the extent of consumer association, and the demonstration of actual or potential damage to the aggrieved party's interests. Moreover, the judgment provides invaluable insights into the criteria governing trademark protection, emphasizing the prerequisites of distinctiveness and reputation as pivotal factors in determining the scope of legal safeguards afforded to wine brands.

This case is a pertinent reference point for stakeholders navigating the intricate intersection of wine commerce and intellectual property law.