Champagne – send in the clowns .....

Taking on clowns can be fraught with danger as the CIVC and Champagne discovered last Monday when their legal challenge to Champín – promoted as an ideal fizzy drink for young kids parties – was unceremoniously thrown out by the Spanish Supreme Court.

The CIVC had demanded that Champín be cleared from all shelves immediately. 

Although there are some similarities between the two names it is difficult to see how a fruit-flavoured non-alcoholic fizzy drink with clowns on its label could be confused with Champagne. Perhaps the CIVC were arguing that because some Champagne has so much sugar added due to the high yields and early picking that the two drinks could be confused.....

Following the verdict you have to wonder where and who are the clowns in Champagne.

Taken with the CIVC's failure last year to deprive Jayne Powell of here 'Champagne Jayne' moniker, I wonder whether this further reverse for Champagne indicates that courts are becoming wary of these claims were the similarity and claimed confusion are tenuous. Equally they may be just two isolated verdicts.

Whatever, I am now a little tempted to celebrate the CIVC's Spanish reverse by very briefly lifting my ban on tasting or drinking Champagne during 2016.     

From The Drinks Business (10th March 2016):
'Champagne fails to take food from kids’ mouths
The Comité took the children’s drink brand to court in Spain arguing that its brand name is too similar to “Champagne”.

The case went all the way to Spanish Supreme Court, but judges threw it out on Monday (7 March) saying the fruit-flavoured kids drink was “unconnected” with the French sparkling wine.

Any similarities between Champín and Champagne were “tenuous and irrelevant”, the court said.

The Champagne trade body is known for being incredibly protective of its brand name.

Last year it failed in its attempt to prevent wine educator Jayne Powell from using the Champagne Jayne moniker.'

Read the rest here