Champagne: not just for drinking, now also for wearing!

© Cult Gaia

Imagine: you buy a beautiful cream-colored coat and read "Champagne" as the color on the label.

Sounds fine, right? Well, not for everyone. For the Comité Interprofessionnel du Vin de Champagne (CIVC), which represents over three thousand Champagne producers and all things sparkling and French, the use of the term Champagne on clothing labels was a step too far. They argued that the American fashion brand Cult Gaia, by using this term, was exploiting, diluting, and harming the reputation of the name Champagne, which has been registered as a Protected Designation of Origin (PDO) in the European Union since 1973.

CIVC requested a preliminary injunction against Ferminadaza, a subsidiary of Cult Gaia LLC that designs and produces clothing under the Cult Gaia brand. But Ferminadaza fought back, armed with fashion history. They made it clear to the court that "Champagne" has long been synonymous with a pastel-like cream color. CIVC, on the other hand, argued that there is no fixed "Champagne" color since champagne wines come in various shades. They also pointed out that color descriptions like beige, cream, or sand are just as common. However, the judge ruled that "Champagne" as a color name in the fashion world is widely accepted and that consumers would simply see it as a color, without thinking of the wine.

It's important to remember that this is a decision in summary proceedings and that further legal proceedings could follow. In the main proceedings the court may still decide differently about the use of "Champagne" as a color name. For now, the fashion world can breathe a sigh of relief, but who knows—champagne may bubble up again soon in the courtroom.

Author: Ellen Gevers

Bio: Ellen is a trademark attorney and managing partner at Knijff, and a welcome speaker and writer in the world of IP. Ellen has spoken at conferences organized by ECTA, INTA, MARQUES and BMM, and her articles are published in the BMM and INTA Bulletin. Ellen is involved as a teacher and board member in the educational program for Benelux Trademark and Design Attorneys (BMM) and paralegals. Next to that, Ellen is involved in the weekly publication of the INTA Bulletin. It’s safe to say Ellen knows what she’s talking about.