BORDEAUX GI defeats BORDEAUX mark

In a majority decision, the Brazilian Federal Court of Appeals for the Second Circuit has cancelled two registrations for the word and design mark BORDEAUX for buffet services, and ice and cooling substances owned by Bordeaux Buffet SA (Case 96-0224177-2, August 30 2005).

The first instance court had rejected the French Institute for Designations of Origin for Wines and Spirits’ application to cancel the marks. The appellate court reversed that decision. It held that the use of the name Bordeaux was unjustified – even though it was for products and services different from those covered by the geographical indication (GI) BORDEAUX (ie, wines).

The court reasoned that:

• Bordeaux is one of the best known wine regions in the world;
  

• buffet services are related to wine products, such as Bordeaux wine, and ice and cooling substances are associated with beverages; and
  

• the use of the GI had not been authorized.

• GIs;
  

• imitations of GIs that are likely to cause confusion; or
  

• signs that can falsely suggest a GI.