September 25 2007
The last thing I did last night before turning the lights out was rip an ad out of the September 3rd food issue of The New Yorker. From the US “Office of Champagne,” the ad noted that only wines from Champagne, France should bear the regions name. I shook my head thinking this Champagne thing would make for some good blog fodder.
Then, I woke up and fired up the computer this morning and within the first couple of hours I was copied on an email from our CEO--he was forwarding a comment posted to our blog from a lawyer that wanted to make sure we knew that a completely innocuous blog post that contained a completely innocuous noun-verb combination was in fact a trademark violation for his client. Do they send “cease and desist” letters via blog comments now?
Can you say coincidence? Yes. Can you also say, “completely ridiculous?” Er, maybe that’s trademarked by somebody. All, I know is if you’re a lawyer billing $200 an hour or more chasing this stuff down on the web and leaving comments about innocent word usage, sign me up for that gravy train. I’ll chuck my job now to go to law school.
This stuff is getting out of hand. Next thing you know, with fall on the way, “hot chocolate” is going to become a proprietary word.
In both instances, Champagne and this obscure trade magazine don’t want their trademark to be “genericized” by the court of public opinion.
But, here’s my question: Who cares?
What am I missing here? Why is this a big deal?
If you live in the south you know that if you want a soda you ask for a Coke. The conversation goes like this,
“Can I have a Coke?”
“What kind do you want?”
“I’ll have a 7-up.”
Coke is a word for soda. Now that I think about it, “7-Up” is pretty close to being genericized for lemon-lime soda.
Is this a bad thing? Don’t marketers work a lifetime to associate their product with a consumer’s thought process?
This same genericized thing can be said for “chapstick,” “kleenex,” “xerox,” “crock-pot,” “google” and a whole bunch of others words …
The Champagne ad copy went on to say, “Even names of American wine regions like Napa valley and Walla Walla Valley are also misused.” For now, we’ll look around the fact that usage of the word Champagne and use of the name Napa Valley are apples and oranges.
Now, I’m not talking about wine from elsewhere in California going into a wine labeled as “Napa Valley.” That is, in fact, misleading. I’m talking about “Champagne” that refers to a complete brand category for sparkling wine. In my mind there’s a difference. Napa Valley is a place. You don’t refer to all cabernet as “Napa Valley” as in, “I’m going to buy some “Napa Valley.” But, by gosh, most people refer to Champagne as an entire category for sparkling wine. Heck, this battle should have been waged 40 years ago, not in 2007. And, I would think that the French, being the superb marketers that they are, what with all of the international success they’ve demonstrated in exporting consumer brands of all stripes for a global market, would understand that. Maybe I’m being a little facetious.
So, the net of the copy of the ad says,
“Masquerading as Champagne … might be legal, but it isn’t fair. In a country of consumer rights, a federal law tests our traditions.
There are many fine sparkling wines, but only those originating in the chalky hills of Champagne, France can bear the region’s name. A legal loophole allows some U.S. wines to masquerade as “Champagne.” Even names of American wine regions like Napa Valley and Walla Walla Valley are also misused.
Unmask the truth. Demand accurate labeling. Sign the petition at http://www.champagne.us
The web site has more propaganda.
So, what’s your take? Are French Champagne producers well within their right? Or, are the French completely missing an opportunity to turn this into a positive for their benefit?
Would it matter if I told you that a four color ad, run once in the New Yorker, costs 100K? Does that seem like a good spend of that kind of money?
For addt’l reading on the history of the word “champagne” and its usage, see this CNN article.
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