Cheers for winemaker over Waterford

SOUTH African wine makers have been told they can use the name ‘Waterford’ despite it being a registered trademark of the Irish owned Waterford Wedgwood company.

The European Court of Justice decided people would not be confused by the different uses of the name Waterford as wine and crystal glass were sufficiently different products.

Waterford Crystal was ordered to pay damages and is expected to appeal the judgment handed down by the Court of First Instance in Luxembourg yesterday.

The Waterford Wine Estate outside Cape Town in South Africa applied seven years ago to the EU’s trademarks office (OIHM) to register a label with the words ‘Waterford Stellenbosch’ under a drawing of a three-tiered stone fountain.

Waterford Wedgwood objected and eventually the OIHM decided on the strength of a consumers survey that the name Waterford sounded the same to consumers whether it related to wine or glass and that since both products were complementary to one another, the makers could be confused in people’s minds.

The South African company, which established its Waterford vineyard in 1998, appealed this decision arguing that wine can be drunk from any kind of vessel and so is not synonymous with crystal.

Waterford Crystal however insisted that wine is consistently drunk from wine glasses and so there is a very significant connection between the two while on special occasions wine is served in high quality crystal glasses. They pointed out that wine producers, including Waterford Stellenbosch, sell their product with glasses bearing their trademark as a promotion.

But the judges found that “articles of glassware and wine are not similar goods”. “Consequently, there can be no likelihood of confusion.”

The court’s ruling only applies to the EU and Waterford Crystal has proceedings against the South African company in Ireland, the US and Europe. “We are confident that ultimately our rights over the Waterford trademark will be confirmed” a spokesperson said.

The Irish Supreme Court affirmed the trademark despite it being a place name. Under legislation a company can use their right to a trademark unless they defend it against any infringement.

The Waterford WineEstate was purchased and established by two families in 1998 producing wine mainly for export. It has won several awards over the past few years.