Australian tribunal ruling against French wine maker

Jan 09, 2010 14 Replies

With a pedigree dating back thousands of years, the vineyards of France have long regarded themselves as the toast of the wine world.


But in a humiliating blow to Gallic pride, winemakers have been accused of trying to pass off their bottles as New Zealand produce to cash in on the popularity of brands from down under.


A tribunal in Australia has ruled Loire Valley-based firm Lacheteau labelled its sauvignon blanc "Kiwi Cuvée" in a nod to the quirkily-named New Zealand and Australian white wines.


The wine is currently sold in British and European supermarkets, but when the company attempted to register the brand in Australia, New Zealand winemakers cried foul. The New Zealand Winegrowers Association opposed the registration and a trade marks hearing decided the name was likely to deceive and confuse consumers. The ruling said customers could misunderstand the wine's name "on wine lists in restaurants and bars".


France is renowned for fiercely protecting the right of its winemakers to use regional names and geographic indicators on bottles.


Producers of Champagne fiercely pursue foreign sparkling white winemakers who use its hallowed name. France also defends its regional specialties through its Appellation d'origine controllee, or AOC system, which protects more than 300 wines, including Bordeaux and Chablis, as well as 161 French foods.


The French wine industry has been hit by falling domestic consumption and stiff competition from the New World. Australian wine has overtaken French fare as Britain's favourite tipple. Part of the success of wines from the "New World" has been attributed to their catchy names and emblems, often using animals and birds, known as "critter labelling".


Jeffrey Davies, a Bordeaux wine expert, said that there was a "nasty irony" about a French producer muscling in on New Zealand's success and it was a sign Kiwis had "beaten the French at their own game".


"This is an extension of the phenomenon of 'critter labels' that the New World has marketed in the US and Europe," he said. "Now in order to capture market share in the New World, the French have been doing the same. "I don't know whether this reflects a superior quality among New Zealand Sauvignon Blanc or their ability to better market their wines."


While Lacheteau's label does state that it is a French product, the origin of the wine is spelt out in smaller font than the Kiwi Cuvée logo.


Lachetau tried to claim "Kiwi" was not a colloquialism but the New Zealand Winegrowers association disagreed, saying the bottle clearly emulated antipodean products.


In its statement to the tribunal, the organisation said: "Sauvignon Blanc is the archetypal New Zealand wine variety and screw cap bottles such as (Lacheteau) uses, while being the preferred choice for New Zealand wines, are anathema to traditional French winemakers."


Another irony in the ruling is that several top New Zealand wines are controlled by French groups - in 1990, Veuve Clicquot, part of Louis Vuitton Moët Hennessy, bought a controlling stake in Cloudy Bay - a hugely popular Sauvignon Blanc maker.


Telegraph UK - 2010



snip

Although "kiwi cuvée" could be understood as a cuvée made for kiwis...

It's a little like Puglia producers using the name Zinfandel. I don't think there is any legal claim against that, but it seems unfair and people should not buy it, it would serve them right for being such jerks... at the very least, call it "Qui Oui Cul V"™ :-)

Lacheteau? "lache" means coward in french.

If I am not mistaken that would make the name easily and most likely heard as a pun in French for house of cowards? sort ofthe way Balladur was refered to as Balladoux? Joseph Coulter Joseph Coulter Cruises and Vacations

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Kiwi cuvee leaves a bad taste (!) even when I've see it, and bought it, in the UK - a clear attempt at "Passing off"

At least the south African "Goats Do Roam" gives its message by humor not deception.

pk

"Mike Tommasi" wrote ........

Hmmm - Mike you have given a "retaliatory" idea.

I propose to register "Lâche t-eau" as a NZ wine "negotiant".

I am sure I could acquire some cheap, third rate sauvignon blanc and label it as "Coward's Cuvée" with a small notations "pisse d'un lâche" and "Vin de la vallée de Liore", with a tiny notation "Produit d'Aotearoa".

I am sure it would sell well for a couple pounds in the UK - I could send a case of two complémentaire as a gesture of ill-will to Doué-la-Fontaine (Loire).

If the Aussie public might have been confused, I'm all for the ruling. Although according to Jamie Goode, the winemaking team are a few NZers, and that's where the name comes from.

But I have to say this article is a bit ridiculous in some of its hyperbole: " a humiliating blow to Gallic pride" 'a sign Kiwis had "beaten the French at their own game".'

Jeez. Yep, one 4th rate Loire producer hiring some NZ makers to make a critter wine from non-AOC vineyards is the deathknell for Sancerre, Pouilly-Fume, Quincy, etc.

"DaleW" wrote .....

From what I can ascertain, the only NZer involved worked for the company who printed the label!!!!!

Perhaps you will feel different when Lacheteau start marketing their proposed "Uncle Sam's" range! ;-)

Well, you took that snippet out of context. I think I said thesame thing as you...

Hmmm - yes, I can see it now!

"Zins of Uncle Sam" made from some 4th rate Cab Franc from non-AOC vineyards !

Yeah, have some NZ negociant make a "Lay on the Bonzo" coovay under the name "Castle de Fell" and drop some antipodean chenin in.

Well, I was just repeating what the normally reliable Jamie Goode reported about an earlier vintage of the wine.

Peter May also said the wine maker for "Kiwi Cuvee" is a NZer named Rhyan Wardmann

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So did the Sunday Star-Times

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But I have no personal knowledge.

I'd be ok with that, personally. As noted, if there's a real possibility of confusion, I'm for the ruling. I don't know enough about Australian wine drinkers to offer an opinion.

In general I'm against labeling that debases or injures an established term traditionally used on labels , especially geographic (such as Champagne, Chablis, Barolo, Marlborough, Coonawara, Napa, etc). It's a little less clear with say "Port," but again I prefer to err on the side of the area that made the term famous. "Kiwi Cuvee" (or "Uncle Sam's Blend" ) is even less clear to me. Though in your example in other post I'd certainly disagree with "Zin" made from Cab Franc.

"DaleW" wrote ......

Dale, I am no investigative journalist (is that term now an oxymoron?). But, like you I can do a sufficient number of web searches to ascertain information which may/may not be factual.

Firstly, there is not one Wardmann listed in any telephone directory in this country of 4 million + - not one.

Thus, if Mr Wardmann *is* a NZer, when he left these shores, he took with him every trace of his lineage.

I then found a Rhyan Wardman(sp) worked for one vintage, in the 90s with Selaks Wines (NZ) a company which was swallowed up by Nobilo Wines - part of the Constellation Group.

I know this company - he was certainly NOT "The Winemaker".

It is reported that he worked on the Kiwi Cuvée project in 1999.

Next I found that in 2001 Rhyan Wardman was "Chief Winemaker" of Origin Wines, South Africa (producer of the Kumala range - of which 2.4 million cases annually are exported to the UK - and incidently, until recently were never available inside South Africa???)

Origin Wines produces wins for the Tesco (UK) supermaket chain (under the name Tesco Evolution)

In 2004 Ryan(sp) Wardman released, under his own name a Sauvignon Blanc sourced from Western Cape, South Africa.

In 2007 Rhyan and his wife Jeanine (who was editor of the South African WineNews) moved to the UK where Rhyan took up a position with Constellation Brands.

Dale, the be all and end all of this is that do not know if Rhyan (or Ryan) Wardman (or Wardmann) is a NZer. He does appears to be an oenological mercenary, specialising in the production and marketing of "bottom of the market; cheap and nasty" stuff. However, he is NOT a known "NZ Winemaker".

Although, initially somewhat outraged in 1999, when Kiwi Cuvée first came to light, I now don't give a fat rat's ass - except when this outfit tries to muscle in on the success of NZ Sauvignon Blanc in the Australian market (Marlborough Sauvignon Blanc is the largest selling white wine style in Australia, and Oyster Bay Marlborough Sauvignon Blanc is the largest selling white wine (of *all* varieties) in Australia (not bad for a country which has been making varietal wines for 30 years!)

I previously said that you may feel different when Lacheteau start marketing (a fictitious example) "Zins of Uncle Sam" wine, to which you observed - "I'd certainly disagree with "Zin" made from Cab Franc!"

I could argue that "Zins" - pl. is simply a non-specific play-on-words from "Sins of Uncle Sam" - and you (as a unenlightened consumer) are jumping to the conclusion that (1) it is Zinfandel and (2) it is American. Of course, the fact that it was made by "American" winemaker Chuck Custard, a convicted identity thief hiding in the Loire, gives some degree of credibility to the name and the product, and that makes everything OK!

Perhaps you could understand our collective indignation.

It is true - the word Kiwi has been associated with other products over the years (boot polish; fruit etc) but I (we) regard the name as kiwi as pavlova (any Australians reading?)

Regards from a beautiful sunny Sunday in NZ. I went for a bicycle ride today (60km round trip) to the beach for a swim - air temperature 30C - water temperature 22C.

And I hear it is snowing in Florida!!!!! (Hi Joe!)

-- st.helier

Let's just say we aren't drinking a lot of SB right now. I live at the beach and we have had freezing weather barely getting out of the mid

30's (say over 3 for the enlightened) My lemon tree is full of fruit, though I fear that I have a few bushels of pre frozen juice at this point. Can still make lemoncello I suppose!

I certainly never thought this was some prominent NZ winemaker, I just noted that several wine sites and the Sunday Star-Times (which I thought was a NZ paper) reported that he was a NZ winemaker (the same Google search showed a paper from Victoria University in Wellington saying same thing, but think cited Star Times). He could be Bulgarian for all I know, I have no clue re quality of NZ papers and universities.

In any case, as noted I'm fine with tribunal decision, I just found the quoted article seemed to draw some bizarre extrapolations where France was reportedly beaten or humiliated by this decision.

Big snip

Could I nominate this as Post of the Decade?

Great read! The rising sense of indignation and speed of typing was palpable!

pk

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