Wine is both a cultural and economic treasure. Behind every bottle lie years of dedication, a terroir, and a reputation. Yet in today’s global market, this value can be compromised in an instant, a rejected trademark application, a copied label, or counterfeit bottles circulating abroad.

This is where wine law and intellectual property intersect. Far from being mere constraints, these legal tools are powerful strategic levers for protecting and enhancing wine brands. For over 20 years, Dreyfus & Associés, an internationally recognized law firm, has been assisting wine estates, négociants, and cooperatives in transforming legal complexity into competitive advantage.

The expectations of wine industry professionals

Wine producers expect more than just legal advice, they seek a true strategic partner:

  • Clarity: Knowing what names, grape varieties, terroirs, or designs can be used safely.
  • Security: Ensuring bottles aren’t copied or shipments blocked at customs.
  • Globalization: Understanding how to protect a brand in China or the United States.
  • Cost Optimization: Investing wisely without filing unnecessary applications.
  • Valorization: Turning their IP portfolio into a transferable, valuable business asset.

When preparing a new cuvée, a winemaker often wonders: “Is this name available? Does my label comply with the law? Will I be protected internationally?”, and expects a clear, fast, and reliable answer.

Key legal challenges in wine law

Trademarks and designations: a delicate balance

In the wine sector, the line between trademarks and designations is particularly thin. A producer attempting to register a name that evokes a Protected Designation of Origin (PDO) risks immediate refusal by the intellectual property office concerned or opposition.
👉 Dreyfus assists clients in choosing distinctive, legally secured names while avoiding conflicts with interprofessional bodies or holders of prior trademarks and protected designations of origin.

Labeling and packaging: creativity within the law

A wine label is its “identity card.” It must attract consumers while complying with strict regulations. EU Regulation (EU) No 1308/2013 imposes mandatory indications, origin, alcohol content, allergens, volume. Yet labels are also a field for graphic innovation… and disputes. A crest resembling that of a competitor can be enough to trigger litigation.
👉 Dreyfus helps wineries protect their visual identity through copyright, design rights, and contracts with creative partners.

Counterfeiting and imitations: a global threat

According to the OECD, counterfeit wines and spirits cost several billion euros every year. In China, over 30 % of “Bordeaux” wines sold reportedly do not originate from Bordeaux. Such counterfeited products undermine consumer trust and damage appellation reputations.
👉 Dreyfus implements monitoring systems, customs seizures, and litigation actions to safeguard its clients.

Export and international protection

Within the EU, protection is harmonized via the EU trademark system. Beyond Europe, however, the landscape changes dramatically:

  • USA: declarative system emphasizing actual commercial use.
  • China: “First-to-file” rule, trademark squatters often register before legitimate producers.
  • Latin America: varying recognition of appellations and lengthy procedures.

👉 Through its global network, Dreyfus designs targeted filing strategies that secure priority markets.

How Dreyfus addresses these challenges

Proactive audits to prevent obstacles

Before filing a trademark, Dreyfus conducts comprehensive clearance searches across multiple databases (trademarks, PDOs, PGIs, domain names). This prevents issues such as a winery wishing to name its cuvée “Clos de Provence”, almost certain to be refused.

Smart, strategic filings

Rather than filing “everywhere,” Dreyfus tailors a strategy aligned with each client’s business plan. For a small company exporting only to Europe and China, filing in Latin America would be unnecessary. This approach optimizes costs and maximizes effectiveness.

Strong anti-counterfeiting actions

When imitation occurs, speed is crucial. Dreyfus coordinates customs seizures, bailiff reports, and litigation both in France and abroad. For example, a client discovered counterfeit bottles in Asia, thanks to Dreyfus, the counterfeit products were seized and removed from the market within weeks.

Enhancing the value of intangible assets

Beyond protection, Dreyfus focuses on valorization. A protected brand or label becomes a strategic asset that increases a winery’s value during succession or fundraising.

Data and case Law: evidence of authority

  • France is the world’s leading wine exporter, with nearly €17 billion in exports in 2023 (FEVS).
  • Over 1,000 litigations are brought each year by the Comité Champagne to defend the appellation.
  • In 2017, the French Conseil d’État reaffirmed that the use of the term “château” is strictly regulated.
  • In China, a recent ruling confirmed that using a term phonetically similar to “Bordeaux” constitutes infringement.

These examples demonstrate that legal vigilance is not optional, it is essential to the industry’s survival.

Practical case studies: when expertise makes the difference

Case 1 – A cuvée saved through anticipation

A winery planned to launch a new cuvée inspired by its terroir. Dreyfus’s clearance search revealed a conflict with a protected appellation. Instead of pursuing a costly dispute, the firm advised a slight name adjustment and secure filings in Europe and China.
Result: a smooth market launch, free of litigation.

Case 2 – Fighting counterfeits abroad

A winemaker discovered counterfeit bottles in an Asian market. Dreyfus coordinated a customs seizure, secured withdrawal of the counterfeits, and supported crisis communication. Swift action limited financial loss and preserved brand reputation.

Practical checklist for winemakers and merchants

Before marketing your wine, ask yourself:

  1. Is my cuvée’s name distinctive and legally available?
  2. Does my label include all mandatory legal information?
  3. Have my designer’s rights been properly transferred through a proper contract?
  4. Do my filings cover my actual export markets, not just hypothetical ones?
  5. Have I set up a monitoring to detect imitations or competing filings?

A simple check beforehand can prevent years of litigation.

Conclusion

In the wine world, reputations are built over decades but can be destroyed within months by a dispute or counterfeit. Far from being a constraint, wine law is a strategic weapon for protecting a domain’s identity and expanding into new markets.

With its expertise in intellectual property, its deep understanding of the wine sector, and its global presence, Dreyfus & Associés is the ideal partner to transform legal complexity into a lasting competitive advantage.

👉 Launching a new cuvée, designing a label, or entering a foreign market? Contact Dreyfus & Associés to secure your rights and avoid costly disputes.

FAQ – Wine Law and Intellectual Property

What is the difference between AOC and AOP?
AOC (Appellation d’Origine Contrôlée) is the French designation, while PDO (Protected Designation of Origin) is its EU-wide equivalent.

Can I register a grape variety as a trademark?
No. Common grape names (Chardonnay, Syrah) are descriptive. Invented or distinctive names, however, can be protected.

Can I protect my label?
Yes, through copyright and/or design registration.

How much does a wine trademark filing cost?
Costs vary by jurisdiction. Expect a few hundred euros in France/EU, more for international filings.

How can I protect my wine internationally?
By combining targeted filings (EUIPO, Madrid System, national filings) with active monitoring.

What if an interprofessional body challenges my filing?
Consider a coexistence agreement, adjust your filing, or pursue legal defense.

Can I use the term “château”?
Yes, but only if you comply with French and EU regulations governing its use.

How should I react to counterfeiting?
Gather evidence (bailiff report, seizure), then proceed via cease-and-desist, legal action, or customs intervention.

Do small wineries have the same rights as large groups?
Absolutely. What matters is not size, but strategy and enforcement.

Can I protect my winery’s domain name as a trademark?
Yes, if it is distinctive and used commercially, it can be registered as a trademark.