A leading Tasmanian wine producer has been slapped on the wrist by the Federal Court, the Australasian Lawyer magazine reports.
The court ruled that Kreglinger and Pipers Brook "engaged in misleading and deceptive conduct" by falsely representing its wine as having an affiliation with a prestigious French winery.
The court found that by promoting and selling a wine under the New Certan label Kreglinger Wine Estates Pty Ltd and Pipers Brook Vineyard Pty Ltd falsely represented that the wine had the approval of, or affiliation with, the renowned Vieux Château Certan (VCC) in Bordeaux.
These representations, made without endorsement or connection, violated sections 18 and 29(1)(g) and (h) of the Australian Consumer Law (ACL).
It was the presentation - not the name - that earned the ire of the court.
The court stated that the New Certan wine's presentation and labelling misled consumers into believing it had a significant connection to VCC. This was particularly problematic given VCC's brand's historical and prestigious nature.
The court ordered that Kreglinger and Pipers Brook engaged in misleading and deceptive conduct by falsely representing an affiliation with renowned Pomerol producer VCC, whose wines sell for many hundreds of dollars a bottle.
It also issued injunctions restraining Kreglinger and Pipers Brook from bottling, supplying, or distributing any "prior branded New Certan wine" and from using specific promotional texts linked to the VCC.
Additionally, the court ordered the removal of images and descriptions from specified websites, including the Halliday Wine Companion and other major retail sites.
In response to the court's findings, Kreglinger and Pipers Brook undertook not to advertise, offer for sale, or sell any remaining stock of the wine.
“The name New Certan was trademarked by us 25 years ago, so we were pleased that the Federal Court confirmed our right to continue to use the name,” said Kreglinger executive chairman Craig Devlin.
“We were also pleased that the Judge had no issue with the revised label that we will use for the next release of New Certan later this year."
The court stated that the New Certan wine's presentation and labelling misled consumers into believing it had a significant connection to VCC. This was particularly problematic given VCC's brand's historical and prestigious nature.
The court ordered that Kreglinger and Pipers Brook engaged in misleading and deceptive conduct by falsely representing an affiliation with renowned Pomerol producer VCC, whose wines sell for many hundreds of dollars a bottle.
It also issued injunctions restraining Kreglinger and Pipers Brook from bottling, supplying, or distributing any "prior branded New Certan wine" and from using specific promotional texts linked to the VCC.
Additionally, the court ordered the removal of images and descriptions from specified websites, including the Halliday Wine Companion and other major retail sites.
In response to the court's findings, Kreglinger and Pipers Brook undertook not to advertise, offer for sale, or sell any remaining stock of the wine.
But the label will live on, with a new look that will not be confused with the French brand.
“We were also pleased that the Judge had no issue with the revised label that we will use for the next release of New Certan later this year."
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