What’s in a name?

Battlelines are being drawn over a dogfight for the use of the Koppamurra name, used by Koppamurra Vineyards Pty Ltd since 1975 and owned as their trademark since 1992. The Koppamurra Grape Growers Association, whose members include BRL Hardy, Mildara Blass Ltd & S Smith & Son and, surprisingly, Koppamurra Vineyards, has initiated a florid and emotional publicity campaign to persuade interested parties that Koppamurra is a long-established regional name and that its use should not be restricted to a single proprietor. Koppamurra Vineyards rejects this view, saying that while ‘Koppamurra’ was the name of a local grazing property and telephone exchange, the locals have not always known the region by that name. The company also disagrees with the association’s assertion that Koppamurra has an international reputation for its small seed, meat and horticultural exports.

The association appears to have hinted that some form of legal challenge may be in the air, which the company says it will fight to the last. Hamish Ramsey of Koppamurra Wines says that present legislation requires the owner of a trademark to defend its distinctiveness otherwise it might be found by a court to be sufficiently deceptive or confusing to warrant its expungement. For the time being, according to Hamish Ramsey, the Geographical Indications Committee has the view that pre-existing trademarked names may not be used as regional names without the owner’s consent. It strikes me as unusual that if the Koppamurra name was so important to the region and its producers, why in 1992 did they not sufficiently object to the granting of Koppamurra Vineyards’ trademark? Surely the companies which began planting the area’s 950 ha in 1993 would have known the year before what they wanted to do?

When the big wagons start circling little guns, the result is often inevitable and has nothing to do with the justice of the matter at hand. Let’s hope that the big companies will abide by the views of the umpire without dragging the matter on forever. I


Koppamurra Vineyards rejects the view that Koppamurra has an international reputation for its livestock, potatoes, onions, seeds and flowers, and says that

- since 1993 nearly 950 ha planted on rich red soils near Naracoorte and midway between Padthaway and Coonawarra. ‘Locals know the area as Koppamurra’ says a press release from the. Name is however a registered trademark of a small company which objects to the use of its name as a regional name. Although the association suggests the Name of Koppamurra is well known for export of livestock, potatoes, onions, seeds and flowers, Koppamurra vineyards disputes this claim. Name has been used for the area decades before the development of Koppamurra Wines Pty Ltd, the holders of the name, which commenced planting in the early 1970s, has used the name since 1975, sold wine under it since 1980 and registered it as a trademark in 1992. Membership of the grape growers association includes and, to my surprise, Koppamurra Wines Pty Ltd, which has distributed a press release saying that the association and its members have initiated a campaign to create the impression that Koppamurra is a regional name and not a brand name. Release says Koppamurra has never been used as a regional name as asserted. It would appear that the association has indicated that if Koppamurra Wines Pty Ltd does not accede to some form of sharing of its name, the Association would initiate some form of legal challenge. Given the size of several of the association’s members and the likely extent of a legal slush fund, one can understand the company’s concern. Please login to post comment