Wine Law

7 manifested by a range of non-traditional marks should not be surprising; it seems almost required ” 15 . The wine industry is no exception to that rule. III.2. Examples from the Wine Industry In the wine sector, differentiation can be quite challenging, considering the limits imposed by legislation (e.g. in labelling) and the growing competition in the market (for instance, the plethora of wine-producers, wine-making regions and varieties), which, in turn, makes brand differentiation even more critical. As explained by Andy Starr in the case of Dave Phinney – the founder of Orin Swift Cellars (Napa Valley) –, with the launch of a new proprietary label, Phinney’s team asks: “ Does it meet quality and pricing? What type of package goes with it? And does the package, while unique, fit with the rest of the Orin Swift line ?” For example, for their Mercury Head Cabernet, an actual pure silver mercury head dime is fixed to each bottle, making the wine stand out and fit the 120 $ price 16 . Accordingly, brand differentiation can occur in many forms, one of which can be a product’s package, serving as an effective communication tool between the brand and consumers. Studies have shown the importance of wine packaging not only concerning the penetration of wine brands in the market but also – and perhaps even more so – as a driver in the consumer decision-making process 17 . Let us take the example of Crusoe Treasure Winery 18 , which advertises its business as the “ first underwater winery and artificial reef in the world with over 8 years of research in underwater wines ”. The very message on the winery’s website is a clear indication that the company wishes to 15 Deven Desai, Should Trademark Laws Protect Non-Traditional Trademarks? A Look at How Marketing Practices Try to Capture Essences. © Deven Desai 2018. Oxford University Press, p. 133 (2018). 16 Source: https://winesvinesanalytics.com/features/article/175283/Brand-Differentiation-Is-the-Key- to-Success, last accessed on 09 November 2020. 17 Source: https://www.bio-conferences.org/articles/bioconf/full_html/2019/04/bioconf- oiv2019_03014/bioconf-oiv2019_03014.html#R1, last accessed on 16 November 2020. 18 Source: https://underwaterwine.com/en/, last accessed 16 November 2020.