PROSECCO – Cheers to a win(e)!

Remfry & Sagar | View firm profile

Remfry & Sagar has been successful in enforcing the Prosecco #GI in India. 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!

#GI #IP #intellectualproperty #wines

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