Biodynamics - A scandal in the making?

WINE TALK
1

As most people know, the word “biodynamic” is a registered trademark of Demeter, even though the pseudo-science was invented in 1924 (by philosopher Rudolf Steiner) and Demeter didn’t exist until 1997.

Because it’s a registered trademark, winemakers can’t use the phrase on their labels unless they’re “certified” by Demeter. And yes, certification costs money.

But it’s even worse than it sounds.

Say you’re a winemaker in France and make biodynamic wine. You have to pay Demeter France if you want to use that word on your label. Want to label it as “biodynamic” in the USA? That’ll cost you, again – as Demeter USA expects its cut, too!

Why isn’t this a scandal?

Details on this from a DC-based wine importer and retailer can be found here: Shh! This ine-way is iodynamic-bay… | Vine Art … from the palate of first vine wine online

I wonder if you can pay Demeter “indulgences” for, say, forgetting to fill the cowhorn with manure.

(For the record, like Stu Smith (http://biodynamicshoax.wordpress.com/), I’m a huge proponent of organic and sustainable farming. I just wish people didn’t conflate those practices with biodynamic viticulture.)

2

Wow, I had no idea. It does seem like a total scam. A local chef was the first to break the news to me that Biodynamic didn’t mean anything like “super organic” the way most of us have been trained to think. Thanks for sharing this.

3

er… that’s how trademarks work. I think the practice is mostly BS (it feels like good organic combined with paying attention to natural cycles), but… the licensing part is one of the reasons people register trademarks.

4

For the sake of legal precision, this is NOT a trademark, but a certification mark, according to that blog article. You can’t get a trademark on a term that is already in wide use. I guess this is more like kosher or organic certification, or the Underwriters Laboratory approvals, for which companies paid. Trademarks identify brands (as a simplification), not categories.

5

John,

Biodynamic is also a registered certification trademark held by the Demeter Association USA.

6

My point is that this isn’t governed by normal trademark law. I have no idea what the law around these certifications mark is.

7

Certification mark filings are made and maintained , in this country, with the US Patent and Trademark Office. US TMEP 2010 Chapter 1300

8

Isn’t Meritage similar? Or is that a trademark issue, vs. a certification issue?

In any case it seems just another way to make money without actually doing something. I need to go find something to certify…

9

I agree. I think if most people knew what biodynamic really meant they’d be weirded out. The whole burying cow horns filled with manure or skinning field mice, burning the skin, powdering it and sprinkling it on your vineyard as a “corresponding negative force against the reproductive power of the field-mouse” doesn’t remind me of good organic practices. I credit the fanaticism of biodynamic growers for their quality, not the actual biodynamic practices.

But yes, it’s their certification and they can charge how they like, but it seems like a scam to me.

10

I seem to drink quite a bit of wine that’s “biodynamic” in some way - grown with biodynamic principles or by vignerons pursuing or experimenting with biodynamic practices or by godfathers/grandfathers/poohbahs of the biodynamic movement or some other hat-tip to Steinerism - but I only recall one winery with the Demeter thingie on the bottle-neck: Nikolaihof.

11

True, but that doesn’t mean it’s the same as a plain old trademark. It was just a point of clarification I was making, with no real bearing on whether Demeter is a scam or not.

12

Thanks for sharing that article, David.
The Demeter USA is much like many non-profits established in the USofA. They are originally established to serve a noble
cause, but often devolve as an organization to benefit the members of that organization and pay only lip service
to the “noble cause”. I’m sure the higher-ups in Demeter USA would love for those vignerons to pay for a team of them
to visit their operation and see that they meet USA certification. And would they happen to fly first-class or coach-class??
I think we know the answer.
It would be interesting if that US importer would put something on his back label that this wine is grown to French BioDynamic
standards, which are higher than USA BioDynamic standards. Which is probably the truth. Of course, we know which side
could afford to expensive lawyers to hammer it out in court.
Tom

13

I guess I give as much credence to this “biodynamic” thing as I do the Wine Spectator “Grand Award” given to restaurants that pony up for the right.

14

Plenty of precedent for really any type of certification:

15

I view the Biodynamic cowhorn as 1/2 empty. neener

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Word Mark BIODYNAMIC
Goods and Services IC A . US A . G & S: Products meeting organic and as well as certain ecological, farm diversity and other standards and guidelines, namely, processed food, unprocessed food, drinks, dietary supplements, fiber products, body care products, soil additives, manure and herbal based soil additives, essential oils for fragrance and personal use, essential oils for use in manufacturing herbal oils, skin care products, skin oils, food supplements, nutritional supplements, herbal teas, herbal products, herbs used for aroma therapy, herbal supplements, medicinal herbs, herbal extracts, herbal essences, flower essences, fleece wool, cotton, flannel, cotton yarn, wool yarn, beddings, blankets, receiving blankets, twin-size blankets, king and queen-size blankets, crib blankets, clothing, infant wear, children’s clothing, women’s clothing, men’s clothing, booties, footed pants, baby bodywear, soft shoes, cardigan finger covers, gowns, kimonos, buntings, leggings, camisoles, shirts, pullovers, hooded shirt, sweat shirts, blouses, turtle necks, cloth diapers, diaper covers, diaper liners, dresses, footwear, infant wear, jumpers, overalls, panties, pants, playsuits, shirts, shorts, skirts, sleepwear, pants, tank tops, thermal underwear, thermal socks, tops, t-shirts, undergarments, underpants, undershirts, underwear, boxer shorts, briefs, long johns, hats, dolls, dolls and accessories, toys, puppets, ragdolls, stuffed toy animals, stuffed toys, play mats, floor mats, meat, poultry, lamb, bacon, beef, beef patties, stew beef, pork, fresh fruits and vegetables, preserved and dried fruits and vegetables, dried beans, dried soybeans, fruit chips, cooked fruits and vegetables, candied fruits, jellies, jams, fruit sauces, fruit spreads, preserves, eggs, milk and milk products, butter, cheese, cheese with flavorings, cheddar cheese, jack cheese, mozzarella, edam, alpine, bianca cheese, edible oil. eggs, conserves, snack food, fruit leathers, ham, glazed fruit, hamburger, jams, jerky, lard, dates, lemons, raisins, preserves, sauerkraut, sausages, sliced fruit, soups, sauces, tahini, toppings, vegetable oils, whey, yogurt, quark, coffee, tea, fresh and dried culinary herbs, spices, allspice, black pepper, cinnamon, cardamom, patchouli, vanilla beans, ylang ylang, bakery goods, bread, buns, muffins, pastries, cookies, pizza shells, scones, rolls, pitta bread, chocolate, cocoa, datesyrup, falafel mix, flour, herbal tinctures, macaroni, noodles, pasta, grains, oatmeal, cereals, edible oils, vegetable oils, olive oil, sunflower oil, pancake syrup, maple syrup, grape syrup, rice, rolled oats, rolls, salsa, sauces, vinegar, wine vinegar, grape vinegar, pastries, pickled relish, pickled ginger, processed grain, sesame bars, seeds, nuts, spaghetti, non-essential oils, bran, coffee beans, coffee substitutes, grain-based foodbeverages, live animals, livestock, apples, apricots, asparagus, avocados, basil, beans, beets, berries, blackberries, blueberries, cabbage, cacao, carrots, cherries, corn, cucumbers, eggplants, grapes, green leafy vegetables, garlic, guavas, ginger, herbs, kale, kumquats, leeks, lettuce, limes, lemons, loganberries, melons, marion berries, nectarines,nuts, oats, onions, oranges, peaches, peas, peppers, potatoes, radishes, root vegetables, scallions, strawberries, sweet potatoes, tangelos, tomatoes, turnips, wheat, squash, zucchini; cut flowers, flower seeds, live flowers, flowering plant, flower bulbs; food for animals, animal feed and foodstuffs, cattle feed; baby powder, baby oil, aroma therapy oils, unprocessed grains for planting, seeds for planting, medicinal plant seeds, almonds, walnuts, grains for food, kamut, spelt, durum, sunflowers, buckwheat, flax, rye, barley, soybeans; non-alcoholic beverages, drinks, juices, apple juice, grape juice, grape must, lemonade, sweet cider. alcoholic beverages, brandy, brandy spirits, red and white wines, alcohol for processing herbs and flower essences. FIRST USE: 19850701. FIRST USE IN COMMERCE: 19850701
Mark Drawing Code (1) TYPED DRAWING
Serial Number 76486056
Filing Date January 30, 2003
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition March 21, 2006
Registration Number 3102570
International Registration Number 0939289
Registration Date June 13, 2006
Owner (REGISTRANT) Demeter Association, Inc. CORPORATION MASSACHUSETTS 25844 Butler Rd Junction City OREGON 974488525
Attorney of Record J. Scott Gerien
Prior Registrations 1999266;2286984
Type of Mark CERTIFICATION MARK
Register PRINCIPAL
Other Data The certification mark as used by authorized persons certifies that the products have been grown, handled and processed in accordance with the attached “Guidelines and Standards for the Farmer for DEMETER BIODYNAMIC Certification and In-Conversion to DEMETER” and “DEMETER Processing Guidelines” which set out organic standards as well as certain ecological, farm-diversity and other standards and guidelines.
Live/Dead Indicator LIVE

17

First, I am a believer that Biodynamic wines are often better. It is correct that it is not some sort of uber organic method. It is, of course, easy to bash some of the more esoteric parts of biodynamics (the cow horn is always near the top of that list). Its hard to deny many of the greatest wines in the world utilize biodynamic practices. The retort is always that is because they are just paying better attention in the vineyards. I think that is just partly true and there is more going on than we understand.

In any event, the certification becomes a marketing tool and if people own the rights to it, they want to be paid. Nothing stopping anyone from burying that cow horn without using the term. Just because one might think the whole thing is hokey, doesn’t mean the word has no value and those who own it are entitled to be paid for it.

Frankly, I wish the term natural wine had more regulation. BTW, can wineries use the word Organic? I don’t know the answer but I thought Oregon and maybe other states regulated that use.

18

Loren,

Wineries can absolutely use the word “organic,” but sulfites are forbidden in organic products by the USDA, so few wineries want the label.

The USDA set to reconsider this in the coming months. W. Blake Gray recently provided the details: The Gray Report: Organic wine gets one step closer to allowing sulfites

19

Thanks Rachel for the note on the field mouse procedure. That was a new one to me. I just have to comment.

  1. Rudolf Steiner’s writings are simply nutty. (I’ve read some of his work a long time ago.) When he wasn’t propounding agricultural magic (biodynamics) he was charting hierarchies of angels. He was part of that whole turn-of-the-century parade of pseudo-spiritual charlatans like Blavatsky and Leadbeater.
  2. I am not going to simply shrug and say “there is more going on than we understand.” Care for the state of the vineyard, care for the soil I can understand. Organic I can understand. I can understand (though in crucial ways I disagree with) the rationale behind natural wines. I refuse to accept notions of vague cosmic forces beyond my limited capacity to understand. Define these forces, measure them, quantify them; then we can talk. Until then, it’s nonsense.
  3. If people want to pay somebody to stick a label on their wine that says “Biodynamic,” let them. No scandal as far as I’m concerned.

[soap.gif] Rant over.

20

Certain aspects of biodynamics seem really bogus to me, but I don’t really mind either way. However some other parts relate e.g. to the moon calendar and seeing the influence that the moon has on nature in general, there might be some truth to it. Hard to say without more research (and I’m not sure there’s anybody interested in funding that at the moment), but I wouldn’t call it nonsense right off the bat. It’s not because a process is empirical that there’s no truth to it.