"Champagne" on trial

Wines & Vines, Dec, 2003

The facts: The Costa Brava Wine Co. (London) in 1956 began promoting and selling throughout England a wine labeled "Spanish Champagne." This was the first time any widespread effort had been made to market, under the name Champagne, any sparkling wine not produced in the French province of that name. Twelve French Champagne producers (1) brought charges that the use of the word "Champagne" on a product other than that produced in the French district of that name was a deliberate effort to mislead the British public. They asked that Costa Brava be stopped from labeling its product Champagne, regardless of how qualified regionally. Costa Brava denied that "Spanish Champagne" was a false description of their product, or that there was "unlawful competition" in use of the term. In an earlier trial on a criminal charge of defrauding the public by false use of the "trademark" Champagne, Costa Brava was found innocent. Civil charges were then instituted and trial was held over a five-day period in December 1960.

Following is a resume of highlights of the trial.

The Case For The Plaintiffs

Counsel for the French plaintiffs, Geoffrey Lawrence, charged that the defendants' use of the word "Champagne" was calculated to mislead the public; that the Spanish wine was cheaper than the French; that the sales of that Spanish wine had harmed the business of the French producers; that the 12 plaintiffs had the backing of all the French Champagne producers; that the Champagne area of France was strictly delimited; that a number of regulations were in force to preserve the integrity of the wine; that "true" Champagne was produced in a specific way from specific grapes; and that, if the action of Costa Brava Wine Co. was not stopped, there would be nothing to prevent every country producing a sparkling wine from sending it to England labeled as "Champagne."

The use of the word "Champagne" by Costa Brava, said Lawrence, was intended to draw on the prestige of the French product. "If it is Champagne it plainly cannot be Spanish. If it is Spanish, it plainly cannot be Champagne."

The word "Spanish" in front of the word "Champagne," the lawyer declared, is no proof against deception or offense.

Counsel for the plaintiffs then proceeded to call his witnesses.

Witness: Joseph Dargent, information delegate of the Comite Interprofessional du Vin de Champagne.

On direct examination, Dargent gave the history of France's Champagne Industry and of the regulations governing it.

On cross examination, witness agreed that wine made in Canada and America was being labeled Canadian or American Champagne and was being sold as such in those countries.

Had this organization tried to prevent this?

Yes, but without great success. "Unfortunately, the Americans have a national regulation which allows the use of the word, providing the local origin is stated. But I think the quantities are very small." (2)

Had the witness ever heard of Russian Champagne?

He had read about it in the newspapers.

Was it an offense in France to print such wicked words as "German Champagne"?

Not a legal offense. But unpatriotic.

Witness: Henri Pestel, director of the Institute National des Appellations d'Origine des Vins et Eaux de Vie.

On direct examination, Pestel described his organization as responsible for protecting the name of Champagne from illegal use in countries outside France.

On cross examination, Pestel declared he knew that, for many years, it had been common practice in Britain to sell as Sauternes, Chablis or Graves, wines which in actuality did not come from those French districts.

He admitted that in France a wine was produced and named Tokay d'Alsace, even though Tokay was a Hungarian wine; he felt it was incorrect for the French product to carry this name. He admitted that a French-produced Malaga Francais was being marketed in England.

Pestel agreed that French people who bought the French-made cheese, Edam Francais, would not think they were eating Dutch cheese and admitted that the reason they wouldn't think so was because the word Edam was qualified by a word denoting its place of origin.

Witness: H.D.S. Clarkson, director of a British wine firm, sole British agents for 75 years of Lanson Champagne.

On direct examination, Clarkson declared that Sauternes, Graves and Burgundy had become wine types rather than wines of specific geographical origin, but that the word "Champagne" had never before been used in England except for "the real thing."

On cross examination, the witness was shown menus, newspaper reports and books showing that wines from Australia, Germany, Russia and Cyprus had, at times in the past, been called Champagne in England, and he admitted that it could be so.

He also admitted that retail firms of the highest reputation were listing the Spanish Champagne, but suggested that the firms may have been "misguided."

Witness: Herbert Warner Allen, author of many books on wine.

On direct examination, Allen declared it was both "tragic and foolish" that place names of famous wines should be stolen for use on wines which cannot offer the properties which made the places famous.