A U.S. appeals court has breathed new life into a trademark dispute involving the use of "cognac" in a music label's name. The case, which pits the Bureau National Interprofessionnel du Cognac (BNIC) against Cologne & Cognac Entertainment, has been sent back to the United States Patent and Trademark Office (USPTO) for reevaluation.
The BNIC, representing over 4,200 winegrowers and 110 distillers in the Cognac region of France, had initially opposed the music label's attempt to register "Cologne & Cognac Entertainment" as a federal trademark. The organization argued that the mark could mislead consumers into believing an affiliation with the renowned French spirit.
The USPTO's initial ruling favored the music label, stating that confusion was unlikely in the music production field. However, the U.S. Court of Appeals for the Federal Circuit has now overturned this decision, citing several key factors:
- The fame of "cognac" as a geographic indicator
- Similarity of the marks
- Relatedness of goods and services
Judge Alan Lourie emphasized that the USPTO should have considered the fame of "cognac" as an indicator of geographic origin, similar to Florida oranges or Darjeeling tea. This oversight improperly favored the music label in the confusion analysis.
The court also noted the increasing intersection between hip-hop culture and cognac brands, with several artists partnering with cognac producers and referencing the spirit in their work. This connection underscores the potential for consumer confusion.
"The office should have considered whether or not [BNIC's] mark was famous as an indicator of its geographic origin, but it did not do so."
It's worth noting that cognac production is strictly regulated by French law, with the spirit required to be made from specific grape varieties, primarily Ugni Blanc, and aged for at least two years in French oak barrels. The Cognac region's protected designation of origin (AOC) status further emphasizes the importance of geographic indicators in this case.
As the dispute returns to the USPTO, this decision highlights the complex interplay between trademark law, geographic indicators, and cultural references in an increasingly globalized marketplace.