The MacDonald’s will be absolutely fine. They don’t need To Kalon on their label to continue their success; although they should be able to put it on the label if they want.
They are fighting this fight on behalf of all winemakers. Think about what would happen in Burgundy if someone got a trademark on Montrachet and they were the only one that could use this on their label and they could use it on a wine from anywhere.
That’s exactly the first thought that came to my mind. Thankfully I bet the French authorities aren’t so easily influenced by lobbyists.
Constellation just spat on the face of everyone who considers wine as a product of place.
Macdonald will be fine. Their waitlist exceeds the average life expectancy of people. They will sell everything for as long as they make wine.
Entirely depends on their pricing. Harlan was like that years ago and after all the price increases, there basically isn’t really even a waiting list at this point. The thing about their current strategy is in fairly certain that a good portion of the list flips the wine. Is it better to have a list no one can get on in their lifetime because a bunch of flippers are squatting rather than pricing the wine closer to market?
Harlan outpriced its quality by a substantial amount. The wine isnt that special. Other example, look at Screagle. Within a few hundred dollars of Harlan, yet waitlist time still is “never”.
Anyone can hit a breaking point at this game. I think Macdonald is very far from it.
I don’t believe that is the case. Very little shows up on the secondary market. Nearly everyone gets 3 bottles and it’s priced at a level most who buy keep to drink themselves. People don’t get enough to drink and flip
Guess again. Not on this issue — the EU, led by France, is fundamentalist on what in the trade industry is called GI (geographic indicators). Watch what happens to you if you try to call your sparkler “champagne.” But on a host of other issues? They make US politicians look like Boy Scouts.
That’s exactly what I said isn’t it?
Feta cheese, Parmigiano Reggiano, Champagne, Camembert de Normandie, Chevrotin, Cognac… You name it. All products of place (and PGI), and good luck if LVMH tries to persuade the French government to allow LVMH to produce “Languedoc Cognac” because they claim somehow they own the “trademark” of Cognac.
I was speaking more generally.
If someone uses Doak, a couple of Indian tribes might have something to say about that. Apparently the person it was named after did some bad things to local Indians. The tribes are aware of the naming possibility and are ready to oppose it.
I’ve been following this close, as have many others locally, for years. I saw details of the presentations of both Constellation and also Graeme, for some time. I am amazed that all by himself, Graeme was able to fend them off for two years. A few times he flew back to Washington DC to present his side, usually against a phalanx of Constellation lawyers and he held them at bay for much longer than I would have thought possible.
Graeme did get some support, locally. I thought I would cut and paste two letters from major players that were used. They each make compelling arguments for the ToKalon Creek name.
Thanks for the info, I was not aware of any of that.
I hope they are successful in opposing it.
I remain on the side of the humble brothers who continue to dutifully farm the ‘Tu-la-halusi’ (beautiful land) of the MacDonald/Horton vineyards just as their ancestors did before them. It’s a David & Goliath story that can most certainly bankrupt some. To think Andy Beckstofffer would put so much time, money, energy and Armani suits into this fight is mindboggling. I hope the little guy perseveres and I will continue to support any way I can, least of which is drinking, sharing and enjoying their wine with those I love and respect.
Cheers.
Thanks for sharing - but for historical accuracy my recollection is the history of To-Kalon includes a To-Kalon wine company which made wine in the early history of the property.
Some of the framing of the issue (at least the narrow issue of this hearing), as if it is whether To-Kalon is a “brand” or a “place,” misses the point that it can be both. Many place names are also brands. Stag’s Leap and Stags’ Leap wines. Fiji water. Hawaiian Punch. Shiner Bock. Nobody disputes that all of those are brands, but that doesn’t mean that the Stags Leap District, or Fiji, or Hawaii, or Shiner, aren’t places.
Despite many posing a “brand or place” dichotomy, the question presented at this hearing really was just whether it’s a place. Yes, C was arguing that it was “only” a brand to support the argument that it’s not a place, but the real issue is whether it’s a place, even if it’s also a brand, now or in the past.
No doubt, of course, that the narrow issue here will feed into the larger issues, though, of a) C’s right to prevent others from using “To-Kalon” on the label of wines made from the To-Kalon vineyard; and b) C’s right to use “To-Kalon” on the label of wines made from grapes not grown in the To-Kalon vineyard.
Glad to know that a Goliath has supporters too!
The only one on the list I occasionally bought was Lingua Franca. I like the wines, but will do fine without them.
Casa Noble is my favorite tequila
Yup, looks like Mondavi FV’ed the total trademarks in the acquisiton at 186M. Given how FV accounting worked then, most of that would not have been form the To-Kalon TM unless they expected it to generate significant future cash flows.
Sorry guys, I am not from wine business nor have much knowledge in legal battles…
But isn’t this case results in completely reversed than the bronco wine vs Napa name lawsuits while ago?
