Aussie wineries clash over alleged trademark breach

Two South Australian wineries have become embroiled in a legal battle over the use of the Peacock’s Fan trademark, which is used on wines exported to the UK.

Dandelion Vineyards’ Peacock’s Fan Malbec is currently on sale in the UK through Marks and Spencer (Photo: M&S)

The trademark infringement case has been brought before the South Australian Supreme Court following a complaint from Zonte’s Footstep winery over the use of what it claims is its own Peacock’s Tail branding by Dandelion Vineyards, according to Adelaide Now.

McLaren Vale-based Zonte’s has used the title on its Fleurieu Peninsula Pinot Noir. Dandelion is now using the same title on its wine.

At the centre of the case is winemaker Zar Brooks, Dandelion Vineyards’ director. Brooks is a former winemaker at Zonte’s Footstep. Brooks is also part of the winemaking team for Spanish winery Cien Y Pico.

In its statement, Zonte’s Footstep has alleged that in 2010, while employed by the winery, Brooks was requested to copyright the label and was assumed to have done so. The trademark was registered by Dandelion Vineyards in August 2011.

“In 2014, it came to the attention of management of the plaintiff that the Peacock’s Fan trademark had been mistakenly made in the name of Dandelion instead of the plaintiff,” Adelaide Now reports the statement as saying.

The statement adds that Zonte’s Footstep contacted Brooks’ lawyers asking them to correct the inaccuracy but received no reply.

It is alleged that six months later, Dandelion started to sell wine in the UK using the Peacock’s Fan label. Dandelion’s Peacock’s Fan Clare Valley Malbec is currently available from Marks and Spencer.

Zonte’s claims that it has suffered financial losses because the two vineyards are “direct competitors”.

Dandelion denies the allegations and insists that “no error” was made in registering the trademark of Peacock’s Fan.

The case continues.