Geography Reference
In-Depth Information
or public in the UK ordering champagne or seeing wine advertised or offered
for sale as champagne, would expect the wine so ordered, advertised or offered
for sale, to be a naturally sparkling wine produced in the Champagne district
from grapes grown in the Champagne district and no other.
The trial judge observed that:
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The region in which the Champagne vineyards are found is about a 100 miles east of
Paris around Rheims and Epernay, where there is a chalky, flinty soil and the climate is
subject to extreme variations of heat and cold. It appears that these factors give to the
wine its particular qualities. since 1927 the Champagne Viticole District has been
strictly limited by law, and only certain vineyards are allowed in France to use the name
'Champagne'. Wines produced from these vineyards are sold as 'Champagne', but
goodwill has also become attached to the names of the shippers, or 'brand names' as they
are called. The wine is a naturally sparkling wine made from the grapes produced in the
Champagne district by a process of double fermentation which requires a considerable
amount of care.
He ruled that it was established that 'Champagne' in England meant the
product produced in the Champagne district of France by the plaintiffs and the
other growers and shippers of that district.
This decision was followed in the '
Sherry case
'
177
in which Spanish sherry
producers, claimed exclusive rights in the mark 'Sherry' which they derived
from the Jerez district of Spain. They sought to enjoin the use of the mark,
'British Sherry'. The Court found that the term 'Sherry' was indeed a GI, but
that the plaintiffs were disqualified from a remedy because they had acquiesced
for a long time in the use in the English market of marks such as 'Australian
Sherry' and 'South African Sherry'.
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The
Scotch Whisky
case
178
was the third in the line of English cases on
protecting GIs. The questionable practice was the export of Scotch whisky to
Ecuador where it was to be resold under the labels 'White Abbey' and 'Scottish
Archer' Scotch whisky after being admixed with local cane spirit. The evidence
in the case disclosed that there were two basic types of Scotch whisky: that
made from malted barley only, and grain whisky, which is made from malted
barley together with unmalted barley in varying proportions. These whiskies
were produced by two different processes: the pot-still process for malt whisky
and the patent or Coffey Still process for grain whisky. Almost all of the whisky
sold to the public is blended whisky, where a number of malt whiskies are
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177
Vine Products Limited & Others v Mackenzie & Company Limited & Others
[1969] RPC 1.
178
John Walker & Sons Ltd v Henry Ost & Company Ltd
[1970] 2 All ER 106.
