By James Atkinson
Accolade Wines, Pernod Ricard, Treasury Wine Estates and Australian Vintage have succeeded in blocking an application by Delegat’s Wine Estate to trademark elements of the bottle label associated with its Oyster Bay brand.
Among the elements that Delegat’s sought to trademark were the “top (gold) band with wave shaped lines” and the “grey elliptical medallion” featured in the Oyster Bay livery (pictured).
But Australian Trade Marks Office hearing officer Bianca Irgang accepted the arguments of the opponent wineries, that these label elements were “common conventional elements of wine labels used extensively in the wine industry in Australia”.
“Other traders are likely to want to use them in the ordinary course of trade in relation to their wine goods,” legal representatives for the wineries argued.
NSW Wine Industry Association president David Lowe, who was called on by the opponent wineries to give supporting evidence, told TheShout the trademark bid was too wide-reaching and would have precluded label innovation by Australian wineries.
Delegat Australia general manager John Freeman told TheShout: “This opposition has showcased that Oyster Bay is more than recognisable – it is one of the most loved wine bands in Australia. We have demonstrated the lengths we will go to protect what is precious to us, our customers and consumers. This decision doesn’t change that.”