Issue link: http://winesandvines.uberflip.com/i/246577
PA C K AGING intellectual property What's trending, how to capture it BY Katja Loeffelholz, registered attorney of the words "domaine" and "carneros." Likewise, the fanciful name or sub-brand Le Rêve also functions as a trademark. Both word marks can be and are protectable trademarks, even if in a foreign language. with the United States Patent & Trademark Office, and counsel at Dickenson, Peatman & Fogarty, Napa, Calif. T echnological advancements have permitted an evolution in wine labels, bottle shapes, closures and packaging designs. As technology has advanced, so has each winery's need to stand out and attract customers. Before the turn of the new millennium, most wine brands were difficult to differentiate from one another. They habitually utilized standard bottle shapes and sizes, homogenous wine labels, traditional cork closures, staid packaging and marketing materials. Today the beverage industry has become increasingly competitive. Thus, wine labels and packaging elements are essential tools for establishing a brand's presence and engaging customers. The first step in understanding what is trending in today's wine industry is to identify the elements of a wine brand that can hold value. In addition to the brand name or trademark, consider protectable elements in the product packaging such as label design, logo, images and bottle shape. Next, capture the protectable intellectual property aspects in the wine brand. Doing so will help establish a unique value position for a brand. A trademark can be almost anything that triggers brand association in the mind of consumers. A trademark is a word, name, symbol or device, or any combination thereof, used in commerce to designate source of a good or service. This definition encompasses words, images, configurations, colors, sounds and smells. In addition to word marks, symbols such as logos, designs or images can function as trademarks. Domaine Carneros also owns a trademark registration for the design of a double rams head. This design element is protected by itself and may be used with or without the brand name of the wine. D a r i o u s h Khaledi Winery, LLC (Napa, Calif.), owns the image of King Darius in profile holding an amphora. Likewise, Titus Vine ards y (St. Helena, Calif.), has trademarked their distinctive amphora which is prominently featured on its wine label. Sutter Home Winery Inc. (St. Helena, Calif), owns the inkblot image of two dancers featured on its Ménage á Trois brand. JZ Wine Co. (Cuyahoga Falls, Ohio), has introduced a trademarked design of a pizza. Word marks-brand name Tagline/slogans The most commonly known trademarks are the word marks or a product's brand name. It is the brand a consumer would ask for at a restaurant, supermarket or liquor store. For example, Domaine Carneros Ltd. (Napa, Calif.), has trademarked Domaine Carneros consisting Logos/images In addition to word marks, a slogan or tagline may also be protectable as a trademark. A well-known slogan comes to mind: "We will sell no wine before it's time," a trademark owned by 68 p r acti c al w i ne ry & v i n e yard FE BRUARY 20 14 Constellation Brands Inc. (New York, N.Y.) to represent its Paul Masson brand wine. "Please stick your nose in our business" is a trademarked slogan owned by Vintage Wine Estates Inc. (Santa Rosa, Calif.) representing their Cartlidge & Browne wine brand's offbeat way of expressing the attitude that wine should not be taken so seriously! Color Color can also function as a mark. For example, Freixenet has two registered trademarks including color for sparkling wines. The color matte black and gold have been exclusively used by Freixenet for its sparkling wines and functions as a trademark for that product.