PROSECCO – Cheers to a win(e)!

open

No more new world wine in an old bottle! close

Prosecco, a sparkling white wine produced in Northeast Italy, is a protected Geographical Indication (GI) in several countries, including India.

It is a popular wine and the organisation managing the protection of the Prosecco GI – Consorzio Di Tutela Della Denominazione Di Origine Controllate Prosecco – claims use of the GI since the 17th century and has had to deal with numerous challenges on account of misuse of the term. Recently, the Consorzio Tutela Prosecco DOC learnt of an Australian company, De Bortoli Wines, selling Australian wines in India carrying the name ‘Prosecco’. Enquires also brought several instances of consumer confusion to light. Accordingly, in December 2019, it filed a suit for infringement of GI and passing off before the High Court of Delhi through Remfry & Sagar. The court was quick to grant an ex-parte injunction and restrained the defendants (De Bortoli Wines & Prestige Wines & Spirits Pvt. Ltd.) from importing or offering for sale in India, wine which originates from any territory other than the territories registered under the GI of the plaintiff, under the name ‘Prosecco’ or any other name identical or deceptively similar thereto.

So no more new world wine in an old bottle!

 

Disclaimer

As per the rules of the Bar Council of India, we are not permitted to solicit work or advertise in any manner. By proceeding further and clicking on “I Agree” below, the user acknowledges that the transmission, receipt or use of the information on our website does not tantamount to solicitation, advertisement, inducement or personal communication of any sort for and on behalf of the Firm so as to create an attorney-client relationship.

The information provided herein should not be interpreted as legal advice, for which the user must make independent inquiries. Whilst every effort has been taken to ensure the accuracy of the contents of this website, Remfry & Sagar disclaims all liability arising from reliance placed by the user or any other third party on the information contained therein.